Articles
<![CDATA[The Application of Principle of Mistake as Legal Liability on the Criminal Theft ]]>
<![CDATA[Muhammad Heriyansyah]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.92-98
<![CDATA[This study aims to determine the application of the principle of error as legal responsibility for the crime of theft in the Tanjungpinang District Court Decision. By using a normative juridical approach that is descriptive analytical. The results of the study showed that the application of the principle of guilt as absolute liability in criminal law as the basis for imposing a crime, the defendant was proven unlawfully against the law in violating the material elements of Article 363 paragraph (1) 3 and 4 of the Criminal Code. So the form of error committed by the defendant if qualified is intentional. Deliberately can mean deliberately to do something and deliberately not to do something that should be done.]]>
<![CDATA[The Implementation of the Application of Law of Criminal Acts with Violence ]]>
<![CDATA[Dewi Indrasari]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.51-60
<![CDATA[The purpose of this study is to determine the implementation of the application of the law of criminal acts with violence in the Demak District Court. The approach method used is normative legal research which is descriptive analytical in nature with legal research that is carried out by examining library materials or secondary data as the basic material for research. Conclusions in the defendant's research in the decision of the judges of the Demak District Court sentenced to imprisonment for 1 (one) year 4 (four) months and pay court fees in the amount of IDR 3,000 (three thousand rupiah).The sanctions imposed by the Panel of Judges on the defendant are too light, in Article 365 of the Criminal Code the maximum period of time the defendant can be snared is 9 (nine) years.]]>
<![CDATA[Functionalization Of Corruption Laws In Criminal Judgment Rules ]]>
<![CDATA[Amir Akbar Nurul Qomar]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.121-128
<![CDATA[The purpose of this research is to review and analyze the functionalization of the Corruption Law in the decisions of criminal justice judges. The research method used is Sociological juridical method with descriptive research specifications. The data used for this research are primary and secondary data taken by field observation, interview, and literature study methods. The conclusion from the results of the research is that the decision of the Semarang District Court Number 25 / Pid.Sus-TPK / 2019 / PN Smg provides an overview of the judicial process which is at the court stage as a form of functionalization of the Corruption Law which spells out the flow of the trial in cases of criminal corruption collectively by a Head of District in Wonogiri Regency. In the decision taking into account the provisions of Article 12 letter e of Act No. 31 of 1999 in conjunction with Act No. 20 of 2001 concerning Eradication of Corruption.]]>
<![CDATA[Law Enforcement At Sea Hinders Sea Toll Program Towards Indonesia As A Global Maritime State ]]>
<![CDATA[Karolus Geleuk Sengadji]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[Aryani Witasari]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.657-665
<![CDATA[The purpose of this research is to identify and analyze obstacles to shipping activities and solutions for law enforcement at sea to support shipping activities/sea tolls programs. The specification of this research is descriptive analytical, and the approach to the problem is carried out in a normative juridical manner, to examine national and international laws and regulations in the shipping sector. The data used are secondary data from primary legal materials, secondary legal materials and tertiary legal materials, which are collected through literature study, and analyzed using qualitative analysis methods, and presented described descriptively. The results of the study indicate that the obstacles in shipping activities/sea tolls programs are the many law enforcement agencies at sea which have overlapping authority to stop and inspect ships at sea, so the best solution is to have an integrated security system under one civil institution to be effective and efficien to support the smooth running of the sea tolls program.]]>
<![CDATA[The Effectiveness Of Death Execution On Narcotics Crime As Law Enforcement ]]>
<![CDATA[Tithos Briyan Pamungkas Sumanang]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.441-452
<![CDATA[This study aims to review the Narcotics Law that applies in Indonesia, especially Act No. 35 of 2009 concerning Narcotics. In addition, this research is also expected to find out the obstacles and solutions in law enforcement efforts against narcotics criminals. The research approach method that will be used in the research is the juridical-sociological method. From the results of this study, it is concluded that theoretically the applicable narcotics law has been very effective in investigating narcotics criminals, and in practice the law is also very helpful in completing investigations against narcotics criminals in Indonesia and the execution of the death penalty is one of the hard law enforcement efforts to emphasize that narcotics abuse is a very dangerous thing. However, the problem of narcotics abuse is not only a national problem, it has become an international problem that cannot be solved only with existing regulations, professionals from law enforcement officials are also very much needed in cracking down on narcotics abuse, and the role of public awareness is also important, in order to stay away from narcotics abuse. ]]>
<![CDATA[Criminal Threats Against Personnel Control Of Land Without Rights ]]>
<![CDATA[Arif Nurcahyono]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.201-206
<![CDATA[The objectives of this research are 1) to find out and explain what is meant by the criminal act of control of land without a power permit or entitled and its elements, 2) Know and explain whether or not the criminal threat is relevant to the perpetrator in accordance with current developments. The results of this study concluded that: 1) Article 6 paragraph (1) letter a of the PRP Act No. 51 of 1960. The criminal act of using land without a permit with the right or legal proxy in the Criminal Code basically contains the following elements: as stellionate. b) It is known that there are other persons entitled to the land; The crime in this article is called Stellionate crime, which means "embezzlement of rights over immovable property", c) Failure to inform others that the land has been used as land for debt or has been mortgaged. 2) Factors Occurring Criminal Actions of Land Tenure Without Rights (a) Internal Factors 1) Educational Factors, 2) Individual Factors, (b) External Factors 1) Economic Factors 2) Environmental Factors, 3) Law Enforcement Factors, 4) Global Development Factors (Technology). 3) Based on the Supreme Court Decision Number 73 / Pid / 2015 / PT SMG has fulfilled the elements of error, the ability to be responsible, there is no excuse for forgiveness, against the law, and the manifestation of behavior and actions of subjective elements in error in practice is only aimed at everyone (whoever ) Article 6 paragraph (1) Act No. 51 Prp Of 1960 and no criminal threat against a legal entity or a corporation is regulated.]]>
<![CDATA[The Process Of Complexing The Criminal Action Of Planning Murder Performed By Police Investigators ]]>
<![CDATA[Andi Mohamad Akbar Mekuo]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.378-389
<![CDATA[The police is a figure and protector of the community who at the same time as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared no longer fit to carry out the police profession in accordance with the Decree. National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Republic of Indonesia Police. The objectives of the problem in this study are 1) To examine and analyze the settlement of criminal acts committed by unscrupulous members of the Police? 2) To examine and analyze the strategies that need to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police? The research approach method used is normative juridical. Sources of data used are secondary data and primary data, secondary data in this study refers to the literature and primary data refers to facts in the field and the results of interviews. The results of the study: 1) Settlement of violations of the police professional code of ethics that resulted in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 of the Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing is completed, a trial will be held in the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian Police,]]>
<![CDATA[Judges Existencing In The Judicial Process Of Narcotics Criminal Actors ]]>
<![CDATA[Diyono Diyono]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.323-330
<![CDATA[Aim in this study, namely to study and analyze the existence of judges in the trial of narcotics offenders? In this study the authors used a sociological juridical method with a descriptive analytical research specification. The data used for this research are primary and secondary data. Based on the results of the research with the conclusion that the existence of judges in the implementation of the narcotics crime court based on the analysis in case Number 70 / Pid.Sus / 2018 / PN Mgg, it is not wrong to be categorized as someone who thinks scientifically. As seen in the decision making, where the judge does not solely work to make and determine decisions by observing and completely applying abstract legal rules, but judges always see the problems faced in a broader context. Judging from the judge's consideration in seeing the case of the defendant Carolina Umarela by looking at things that were burdensome.]]>
<![CDATA[The Role of Notary in Resolution of Company's Share Ownership Issues by Two People Based on Act No. 40 of 2007 regarding Limited Liability Companies ]]>
<![CDATA[Imam Firdaus]]>;
<![CDATA[Ahmad Khisni]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.3.1.265-283
<![CDATA[Article 88 paragraph (1) of Act No. 40 of 2007 states that RUPS to amend the articles of association can be held if at the meeting at least 2/3 (two thirds) of the total shares with voting rights are present or represented in the RUPS and the decision is valid if it is approved at least 2/3 (two thirds) of the number of votes cast, which causes problems if the Limited Liability Company only has two shareholders with the same percentage of share ownership. The purpose of this study is to determine the impact of Limited Liability Company ownership by two people with the same share percentage and to find out the role of a notary in solving the problem of limited liability company share ownership by two people with the same percentage. The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that the ownership of PT shares owned by 2 (two) shareholders with balanced share ownership can certainly cause losses to the PT, especially causing difficulties in decision making at the implementation of the AGM. Where if during the RUPS, one of the parties does not approve the results of the RUPS, so the decision cannot be taken because the quorum is not fulfilled. The RUPS is an organ of the Company which has the remaining authority which is not given to the Board of Directors and the Board of Commissioners. The RUPS represents the will of the shareholders as a whole, either as a result of a decision by deliberation or a decision as a result of voting results that are in accordance with and in line with the provisions of the Association and or the Company Law. So it can be said that the RUPS is a meeting held by shareholders in their position as the owner of the company, which has the authority that neither the board of directors nor the board of commissioners have. ]]>
<![CDATA[Law Enforcement by Judge to Notary after Amendment of Notary Law ]]>
<![CDATA[Suci Harumi]]>;
<![CDATA[Amin Purnawan]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.2.3.261-271
<![CDATA[Notary is a public official who is the only one authorized to make authentic deeds regarding all required agreements and decisions by General Regulations or by interested parties it is desired to be declared in an authentic deed, guarantees the certainty of the date, keeps the deed and provides the Grosse, copy and excerpt thereof, all so long as the deed is not assigned or excluded by an official or other person by a general rule. In Republic Indonesia Act No. 2 of 2014 concerning Amendments to Act No. 30 In 2004, for the photocopy of the minuta deed and notary summons there was no longer the role of the MPD and was replaced by the Notary Honorary Council. Then it becomes a question of how the Process for the emergence of the basis for the formation of the Notary Honorary Council in Act No. 2 of 2014 concerning Amendment Law on Notary Position Number 30 of 2004, and how the Notary Summons the Deed made by the Judge after the Amendment to the Notary Position Act No. 2 of 2014. Research is normative legal research, resulting in the conclusion that the Notary Honorary Council was born in the Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary Public because of the need for protection of a Notary in making deeds. It is very necessary if there is an institution whose function is in the process of judicial interests, where the Notary must get permission from the Notary Honorary Council when summoned in a court session.]]>
