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All Journal LAW REFORM Unram Law Review Morality :Jurnal Ilmu Hukum JISIP: Jurnal Ilmu Sosial dan Pendidikan GANEC SWARA CERMIN: Jurnal Penelitian Indonesia Berdaya JIHAD : Jurnal Ilmu Hukum dan Administrasi Jurnal Kompilasi Hukum Jurnal Pengabdian Masyarakat Indonesia Jurnal Pengabdian Masyarakat (ABDIRA) Jurnal Risalah Kenotariatan Innovative: Journal Of Social Science Research Jurnal Bagian Hukum Pidana Fakultas Hukum Universitas Mataram Juridische: Jurnal Penelitian Hukum
Ashady, Suheflihusnaini
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Journal : GANEC SWARA

 1 
PERAN KEPOLISIAN DALAM MENERTIBKAN DAN MENGAMANKAN AKSI DEMONSTRASI DUDY, ARYADI ALMAU; ASHADY, SUHEFLIHUSNAINI
GANEC SWARA Vol 18, No 2 (2024): Juni 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i2.912

Abstract

Democracy is a symbol of modern civilization that guarantees the human rights of its citizens. Indonesia as a democratic country in article 28 of the 1945 Constitution guarantees the freedom of every citizen to express opinions in public, both in oral and written form, carried out in association and assembly. This is in line with Article 19 of the Universal Declaration of Human Rights, which states that everyone must not be interfered with in any way in seeking, receiving and conveying information and opinions. This research examines how demonstrations are regulated within the Indonesian National Police and how the police handle the perpetrators of demonstrations that end in anarchy. This research aims to better understand the role of the police regarding controlling and securing demonstrations that end in anarchy and to find out how to enforce the law against anarchic demonstrators. The research method used in this writing is normative legal research with a statutory and conceptual approach. Normative research is research whose object of study includes statutory provisions and their application to legal events. The research results showed that the police used Law Number 9 of 1998 and National Police Chief Regulation Number 7 of 2012 in handling demonstrations. Demonstrations that end in anarchy will be prosecuted through criminal law. The police do not tolerate demonstrators who disturb public order or endanger safety. Steps taken include investigation, prosecution and open trial
STUDI PUTUSAN KASUS ANGGOTA POLRI PELAKU PENELANTARAN ANAK DALAM RUMAH TANGGA ASHADY, SUHEFLIHUSNAINI; DUDY, ARYADI ALMAU
GANEC SWARA Vol 18, No 2 (2024): Juni 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i2.864

Abstract

This research was conducted to examine the accountability of a member of the Indonesian National Police who neglected a child in the household based on the Kupang district court decision Number 53/Pid.Sus/2019/PN. Kpg. In this case, there was a dissenting opinion from the judge who decided the case. This research is normative legal research so the approaches used are the statutory approach, conceptual approach and case approach. The results of the research show that the judge in his decision used law number 23 of 2004 concerning the elimination of domestic violence to judge child neglect committed by the perpetrator. The judge also continued to consider the perpetrator's profession as an aggravating element. Apart from that, judges not only prioritize aspects of legal certainty, but also aspects of justice and legal benefits. The judge handed down a lower sentence than the prosecutor's request because the judge during the trial discovered the fact that the victim also contributed to the mistake so that the victim and her child were abandoned by the perpetrator. In this case, the victim left the perpetrator's residence, even though he was not divorced
ABORSI: ANTARA DIALEKTIKA MORAL DAN KEBIJAKAN HUKUM PIDANA INDONESIA ASHADY, SUHEFLIHUSNAINI; DUDY, ARYADI ALMAU
GANEC SWARA Vol 17, No 4 (2023): Desember 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i4.681

Abstract

This research examines the moral and legal dialectics in viewing abortion as well as the construction of abortion policy in the Indonesian criminal law system after the passing of Law Number 1 of 2023 concerning the Criminal Code and Law Number 17 of 2023 concerning Health. The method used is a normative research method with a statutory and conceptual approach. The research results show that abortion cannot only be viewed in legal terms, but it is important to pay attention to moral aspects. Law is a law that is filled with morality so that it does not result in conflict between norms and society. Morality is the main source of law, especially in Indonesia which is based on Pancasila in all aspects of state life. Next, Indonesia's criminal law policy allows abortion under strict conditions, namely if the woman is a victim of a crime of rape or other crime of sexual violence that causes pregnancy, the gestational age does not exceed the permitted age, and/or has indications of a medical emergency. If the conditions are not met, then the perpetrator of the abortion, whether the main perpetrator, the participating perpetrator, and the person who assists in carrying out the abortion, can be punished
PENEGAKAN HUKUM TINDAK PIDANA PEMILU PADA PEMILIHAN KEPALA DAERAH DI KABUPATEN LOMBOK UTARA TAHUN 2020 TAUFIK, ZAHRATUL'AIN; DUDY, ARYADI ALMAUD; RAHMANIA, NUNUNG; NIRMALA, ATIKA ZAHRA; ASHADY, SUHEFLIHUSNAINI
GANEC SWARA Vol 17, No 4 (2023): Desember 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i4.664

Abstract

Pilkada is the implementation of people's sovereignty to elect regional leaders directly and democratically. It is known that the number of Election Crimes in North Lombok Regency is eight cases where only one case reached trial and was convicted. The purpose of this research is to find out the law enforcement efforts of Election Crimes in the 2020 regional head elections in North Lombok Regency. The benefits of this research are expected to contribute as a reference for election law enforcers to maintain and uphold elections in accordance with electoral principles. This type of research is empirical legal research using a case approach, conceptual approach, and statutory approach. This research then results in that election crimes are resolved by the North Lombok Regency Gakkumdu Center consisting of elements of the North Lombok Resort Police, the Mataram District Attorney's Office and the North Lombok Regency Bawaslu, which in its implementation, the understanding and focus of knowledge regarding elections and law enforcement of criminal acts are different, resulting in many events registered as alleged violations of election crimes at the North Lombok Regency Bawaslu that cannot be handled until the trial in court, due to factors of fulfillment of the elements of the article, evidence and interpretation of the article among the North Lombok Regency Gakkumdu Center personnel who mostly do not find conclusions that are in agreement with each other.
Co-Authors Ahwan Ahwan, Ahwan Almau Dudy, Aryadi Andi Pratama Ardiansyah, Ruli Arie Kartika, Arie Asep Hakim Zakiran Atika Zahra Nirmala Blasius, Jener Budiarta, Gusti Putu Dudy, Aryadi Almau DUDY, ARYADI ALMAUD Grindulu, Lewis Hasan, Muhammad Iksan Islam, M.Hotibul Jastisia, Mentari Jaya, Arizon Mega Jumadi, Joko Kota, Raides Lalu Teguh Atma Wijaya Miftakhul Huda Muddin, Muh. Asrul Aswar Muhammad Zainuddin Mulyana, Septira Putri nurfatlah, titin Rahmania, Nunung Raodah, Putri Sabatira, Febryani Taufan, Taufan Taufik, Zahratul'ain Taufik, Zahratulain’ Taufik, Zahratul’ain Taufik, Zahratul’ain Z.S, Edi Mulyadi