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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Riwayat: Educational Journal of History and Humanities Open Access DRIVERset
Tornado, Anang Shophan
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Provision Of Assistance By Legal Advisors/Advocates To Witnesses In The Investigation Stage Examination Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.69

Abstract

The Criminal Procedure Code only provides an opportunity for legal advisers to accompany the suspect in the Minutes of Examination with limited provisions, only to see and hear during the examination, this is regulated in Article 54 of the Criminal Procedure Code. Meanwhile, there is no regulation for witnesses in the Criminal Procedure Code. The problem in examining witnesses is when the witness being examined has the potential to become a suspect, where the concept of a witness who has the potential to become a suspect has become known as the concept of a potential suspect. So that it will be very urgent when the rights of witnesses being examined must really have their rights protected, one of the efforts to protect it is the presence of a legal adviser or advocate. The problem can be narrowed down to how witnesses who have the potential to become suspects in the investigation stage become more cooperative and "tame" towards investigators' summons to be examined, this of course needs to be made in a method that gains strong legitimacy at the norm level. In Article 27 paragraph (1) letter a Regulation of the Chief of Police Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards in the Implementation of Duties of the Indonesian National Police firmly states that "every officer who conducts examination of witnesses, suspects or examinees is obliged to: a. provide an opportunity for witnesses, suspects or being investigated to contact and be accompanied by a lawyer before the examination begins.
Determination of Suspects in Narcotics Crimes Through Supervised Submission (Controlled Delivery) Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.70

Abstract

Abstract Considering that the crime of illicit drug trafficking is already very horrific, both coming from abroad and those circulating within the country, a special method is needed to deal with it. Narcotics and psychotropics are substances or drugs that are very useful and necessary for certain diseases. However, if it is misused or used not in accordance with the standard of treatment, it can have very detrimental consequences for individuals or society, especially the younger generation. Seeing the difficulty of the investigative process for disclosing drug cases, there must be special rules governing the process or authority of investigators in handling drug cases. The authority of investigators in carrying out investigations, these techniques are undercover buys and controlled delivery. The norms governing controlled delivery, namely the Narcotics Law and the technical regulations under it, still cannot clearly describe the problems above, especially how the recipient, who incidentally is a person, is intentionally used or framed to become a recipient of narcotic packages .
Statement of Expert in Holding Special Cases at the Investigation Stage Based on Perkap 6 of 2019 Concerning Investigation of Criminal Acts Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.72

Abstract

As a form of implementation as a rule of law state, law enforcement officers consisting of police, prosecutors, judges and lawyers are presented to carry out this function. The police as one of the law enforcers carry out security measures in the community, in every action they are subject to formal law, namely the Criminal Procedure Code (KUHAP). In the Criminal Procedure Code, the task of the police to disclose a crime or also called a crime is known as an investigation. In the investigation stage which aims to make light of a crime and find the suspect by collecting evidence, of course, must go through the correct and accountable procedures. A little wrong in carrying out the procedure, the investigator as a user in the investigation in his actions makes it clear that the crime must collect evidence that can really be tested in quality. In the Criminal Procedure Code, evidence is contained in Article 184 paragraph (1) which consists of witness statements, expert statements, letters, instructions and statements of the accused. As for the evidence that is in the spotlight in the expert's statement, where the expert's statement is evidence that is felt to play a significant role in determining the elements of the crime which in the end can shed light on the crime in the investigation stage. KUHAP as the holy book of criminal law practitioners in enforcing criminal law is certainly expected has all the facilities or in other words can accommodate all the sense of justice for the parties involved in it. As we also know that the Criminal Procedure Code was born in 1981, if we feel that he is already 40 years old, if we equate it with human age, it can be said that he is entering adulthood. The maturity of the KUHAP so far can be marked by the persistence of the Criminal Procedure Code as the basis for law enforcement and justice seekers in criminal cases even though there are patchworks here and there in the form of implementing regulations and in the form of a Supreme Court Circular to provide perfection and fulfill the people's sense of justice.
Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan Tornado, Anang Shophan; Fahlani, Soffyan Angga; Alfath, Nur Khalis; Aida, Nur; Nisa, Noor Fidhiatun; Risna, Risna
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.82

Abstract

Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.
Co-Authors Alfath, Nur Khalis Faishal, Achmad Fitriani*, Fitriani Ichsan Anwary, Ichsan Muhammad Azianor Ilmy Mulyani Zulaeha Mustika, Cindyva Thalia Nisa, Noor Fidhiatun Nur Aida, Nur Pamungkas, Agung Rachmadi Usman, Rachmadi Risna Risna, Risna Saprudin Saprudin, Saprudin Soffyan Angga Fahlani Suprapto Suprapto