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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Tadulako Law Review Awang Long Law Review
Indrawati, Dara
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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THE EFFECT OF LABELING ON EX-CONVICT IN THE SCOPE OF THE WORLD OF WORK IN COMPANIES IN SOUTH SULAWESI MPB, A. Srikandi; Muin, Audyna Mayasari; Indrawati, Dara
Tadulako Law Review Vol 6, No 1 (2021)
Publisher : Tadulako University

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Abstract

Even though they have paid the price for the wrongdoing, ex-convicts still receive labels that result in them being considered criminals by society. Not only labeling within the scope of society but also in the scope of the world of work, especially companies. This study aims to analyze the effect of labeling on ex-convicts within the scope of the world of work at companies in South Sulawesi. This type of research is empirical juridical research. Sources of data in this study are direct interviews as primary data sources and through literature study as secondary data sources. The analysis used is qualitative data analysis. The results of research on the effect of labeling on ex-convicts in the scope of the world of work at companies in South Sulawesi, show that labeling ex-convicts makes it difficult for ex-convicts to be accepted in social life and within the scope of the world of work, the fact is that until now there is no company in South Sulawesi Province. Those who are willing to accept ex-convicts as workers and the absolute requirements of SKCK in job admission also reinforce the labeling of ex-convicts so that ex-convicts are not confident to compete in the world of work to get decent work and feel discriminated against because they are not given opportunities in the world of work. In addition, the existence of labeling has also had an impact on the formation of recidivists or non-criminal repetitions because the offender who is labeled negative will eventually think that it is useless to do something good, if the community will continue to label him as a criminal and as if it does not give him the opportunity to be even better, then that label has the potential to be realized by the perpetrator, especially if the ex-convict finds it difficult to get a decent job, so in order to meet economic demands in order to survive, the crime will be repeated. 
LEGAL CONSEQUENCES FOR ADOLESCENT NARCOTICS ABUSERS BASED ON THE LAW NUMBER 35 YEAR 2009 ASIS, ABD; SAMPURNO S, SLAMET; ILYAS, AMIR; INDRAWATI, DARA; KADARUDIN; DWI PRATIWI, SITI ISTI; GHITA SYAHFITRI, ERVINADIA
Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (155.157 KB) | DOI: 10.56301/awl.v3i1.96

Abstract

This paper aims to analyze the legal paradigm of Law of the Republic of Indonesia Number 35 Year 2009 concerning Narcotics and legal arrangements for adolescent narcotics abusers. This type of research is normative using a statutory approach. The data used is secondary data obtained through library research. All data collected were then analyzed qualitatively. The results showed that the legal paradigm of the Law of the Republic of Indonesia Number 35 Year 2009 concerning Narcotics is to prioritize community participation in efforts to prevent and eradicate abuse of Narcotics and Narcotics Precursors and to create a deterrent effect on perpetrators of abuse and illicit trafficking of Narcotics and Narcotics Precursors. imposition of criminal sanctions, whether in the form of a special minimum sentence, imprisonment of 20 years, up to death penalty. The legal arrangement for juvenile narcotics abusers refers to Article 1 point 3 of the Law of the Republic of Indonesia Number 11 Year 2012 concerning the Juvenile Criminal Justice System. If the narcotics user is a teenager who has not reached the age of 18 years, the criminal sentence that can be imposed on the child is a maximum of 1/2 of the maximum imprisonment for adults as stipulated in the Law of the Republic of Indonesia Number 35 Year 2009 concerning Narcotics.
THE POSITION OF SUPREME COURT REGULATION NUMBER 4 YEAR 2014 IN THE IMPLEMENTATION OF DIVERSION BY THE PUBLIC PROSECUTOR BASED ON THE REGULATION OF LAW SATRIANI AS, ANDI; MAYASARI MUIN, AUDYNA; INDRAWATI, DARA
Awang Long Law Review Vol. 3 No. 1 (2020): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (158.08 KB) | DOI: 10.56301/awl.v3i1.103

Abstract

The judge continued to carry out diversions against a child who had committed a criminal offense, one of the articles of which was punishable by a sentence of under seven years. For the prosecutors themselves, there is no such rule, but in practice, in practice, many prosecutors carry out Supreme Court Regulations No. 4 Year 2014, in the sense that prosecutors continue to diversify children who commit crimes with a sentence of more than 7 years as long as the prosecutors overlay the charges. 7 years and under, and the average diversion is successful. This paper aims to analyze the position of Supreme Court Regulations Number 4 Year 2014 in the implementation of diversion by the public prosecutor based on the laws and regulations. The type of research used is social legal research. The data used are primary data (obtained directly from respondents and resource persons, namely the Luwu Office Attorney using interview techniques) and secondary data (various references or scientific papers in the field of law in the form of legal books and research documents related to previous data and statutory regulations. invitation). All data collected were analyzed qualitatively. The results show that the position of the Supreme Court Regulation Number 4 Year 2014 in the implementation of diversion by the public prosecutor is a rule that regulates the procedures for solving a problem in order to smooth the judiciary, in this case the implementation of diversion, given that there is a legal vacuum regarding the procedures for implementing diversion after the formation of the Law Number 11 Year 2012 concerning SPPA, where in the Law it is ordered that the Government Regulation regarding the implementation of diversion be made no later than 1 year from the enactment of the SPPA Law, but in reality the Government Regulation in question was promulgated outside of the stipulated time, so there is a vacancy law in the implementation of the SPPA Law. The Supreme Court which is given the authority by law to make complementary rules to fill the legal gaps or gaps has appropriately exercised its authority through the formation of the said Supreme Court Regulation.
LEGAL ANALYSIS OF THE PUBLIC PROSECUTOR'S ERRORS IN MAKING AMENDMENTS TO THE CHARGES IMAM LAHAYA, ACHMAD; MAYASARI MUIN, AUDYNA; INDRAWATI, DARA
Awang Long Law Review Vol. 2 No. 2 (2020): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (142.484 KB) | DOI: 10.56301/awl.v2i2.106

Abstract

Amendments in charges are not recognized in the Criminal Procedure Code (KUHAP). There is no mechanism for changing the charges, the Criminal Procedure Code only allows the Prosecutor to change the indictment, in practice it was found that the Public Prosecutor in his response (replik) corrected the indictment which he read out regarding errors regarding evidence where there is one piece of evidence that is not related to the case so that the Public Prosecutor correcting by reflecting/crossing out because it is not included in the evidence receipt at the time of transfer of this case to the Court. This paper aims to analyze the arrangements for the Public Prosecutor's claim letter based on statutory regulations. The result of the research shows that the letter of demands for the Public Prosecutor is determined in the Criminal Procedure Code and the Law on the Prosecution, read out after the examination process has been completed. The examination referred to is the examination of valid evidence in criminal law, namely witness statements, expert statements, letters, instructions and statements of the Defendant, as well as examination of evidence. The indictment contains the charges for the sentence against the Defendant, the indictment is based on the indictment which contains a description of the incident of the criminal act and the Article that is suspected to be proven in the process of examining the evidence.
Peran Kepolisian dalam Penanggulangan Kejahatan Seksual yang Dilakukan oleh Anak di Kota Makassar Gunawan, Andi Agung; Indrawati, Dara; Adhyanti Mirzana, Hijrah
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 9 No 1 (2022): June
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v9i1.23831

Abstract

Penelitian ini bertujuan untuk mengkaji peran kepolisian dalam menanggulangi kejahatan seksual yang dilakukan oleh anak di kota makassar dan upaya-upaya apa saja yang telah dilakukan oleh pihak kepolisian. Penelitian ini dilakukan secara normatif empiris yang dilakukan melalui undang-undang dan asas-asas yang berlaku maupun studi lapangan dengan melihat fakta-fakta yang terjadi di lapangan. Hasil dari penelitian ini menunjukkan bahwa peran kepolisian dalam menanggulangi kejahatan seksual yang dilakukan oleh anak di kota Makassar dilakukan dengan menggunakan 3 (tiga) upaya yaitu Upaya Pre-emtif, Upaya Preventif, dan upaya Represif. Dalam menjatuhkan sanksi kepada anak yang menjadi pelaku kejahatan seksual kepolisian selalu mengupayakan Restorative Justice dalam penyelesaian perkara dimana polisi selalu memperhatikan kepentingan anak, bukan hanya anak sebagai korban tapi juga anak sebagai pelaku.
Co-Authors Abd Asis, Abd DWI PRATIWI, SITI ISTI GHITA SYAHFITRI, ERVINADIA Gunawan, Andi Agung Hijrah Adhyanti Mirzana, Hijrah Ilyas, Amir IMAM LAHAYA, ACHMAD Kadarudin Mayasari Muin, Audyna MPB, A. Srikandi Muin, Audyna Mayasari SAMPURNO S, SLAMET SATRIANI AS, ANDI