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Legal Responsibility for Perpetrators of Premeditated Murder (Decision Study Number: 333/Pid.B/2022/PN Smg) Ranti, Mai; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46057

Abstract

Murder is the intentional taking of another person's life, to take another person's life, a perpetrator must do something or a series of actions that result in the death of another person, with the note that the perpetrator must be aimed at the result of the death of the other person. This thesis aims to study and analyze: First, how is the construction of the crime of premeditated murder in the concept of legal certainty. Second, what is the legal responsibility for the perpetrator of the crime of premeditated murder according to Decision Number: 333 / Pid.B / 2022 / PN Smg. The approach method used in this study is a normative legal approach, the research specifications used are descriptive normative, primary and secondary data sources and using qualitative analysis. This writing is analyzed the problem is analyzed with the theory of criminal responsibility. Based on the research results, the Implementation of the Construction of the crime of premeditated murder is regulated in several related articles, namely Article 340 of the Old Criminal Code and Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code 459 of the New Criminal Code, namely relating to the punishment given to defendants of premeditated murder intentionally and with a plan in advance to take the life of another person, threatened because of premeditated murder, with the death penalty or life imprisonment or for a certain period of time for a maximum of 20 years. Legal responsibility for the perpetrator of premeditated murder according to decision number: 333/Pid.B/2022/PN Smg the defendant is legally responsible for his actions based on Article 340 of the Criminal Code, Article 76 C in conjunction with Article 80 paragraph (3) of the Republic of Indonesia Law Number 35 of 2014 concerning amendments to the Republic of Indonesia Law Number 23 of 2002 concerning Child Protection, and Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations. Sentencing the Defendant therefore to life imprisonment and a fine of Rp. 1,50,000,000.00 (one billion five hundred million rupiah) if the fine is not paid it will be replaced with imprisonment for: 10 (ten) months and charging the Defendant to pay court costs of Rp. 5,000.00 (five thousand rupiah)
Law Enforcement Against Obstruction Of Justice In Eradicating Criminal Acts Of Corruption in Indonesia Yamin, Muhamad; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46094

Abstract

Indonesia is a country based on law that is not based on mere power. The terminology of the rule of law used by Indonesia is neither rechtsstaat nor rule of law, because the two terms contain meanings that are not identical to the characteristics of Indonesia where rechtsstaat contains the meaning of a country that has a purely continental legal system, while in judicial practice it adopts dissenting opinion decisions. This research is a normative legal research that starts from a legal issue. According to its characteristics, legal issues are very different from social issues as phenomena of social research objects, so that the approaches used are also unique. Legal research is not social science research and legal research does not recognize data. The positive legal regulations in Indonesia regarding the Criminal Act of Obstructing the legal process or what is known as Obstriction of Justice are divided into two, namely: Regulations regulated in general criminal law as regulated in the Criminal Code (KUHP), and Regulations regulated in Special Criminal Law, such as the Corruption Crime Law. The crime of obstructing the judicial process or what is known as Obstruction of Justice as regulated in Article 21 of Law Number 31 of 1999 concerning the Eradication of Corruption as amended by Law Number 20 of 2001 can be qualified as a formal crime (formeel delict), meaning that it does not require that the act has indeed resulted in a legal process being obstructed/hampered by the perpetrator's actions. but only requires the existence of the perpetrator's intent or intention to obstruct the legal process.
Reconstructing justice-based legal protection for mental health patients in Indonesian Clinics Masithoh, Anny Rosiana; Wahyuningsih, Sri Endah; Bawono, Bambang Tri
Journal of Law Science Vol. 7 No. 3 (2025): July: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i3.6296

Abstract

People with mental disorders are often stereotyped as being involved in criminal acts, especially violence and threats to the safety and security of those around them. This perspective causes people with mental disorders to be feared and shunned, even though they need care and protection. Regional governments are responsible for providing mental health services for their communities and playing a strategic role in managing and preventing mental health issues. In Kudus, there are still displaced people with mental disorders who have not received proper care. The local government can progressively address mental health issues through regulatory instruments to ensure that people with mental disorders receive the appropriate treatment and support they need. This study aims to examine the mental health policies of the Kudus local government, emphasizing policies prioritizing human rights. The research uses a normative juridical method involving a thorough analysis of policies concerning people with mental disorders in the Kudus district. The results show that although the Kudus Regional Government has established policies related to mental Disability and mental health, these policies do not sufficiently address the prevention of mental disabilities or fully incorporate human rights considerations.
Legal Responsibility for Corruption Policies in Digital-Based Local Government Goods and Services Procurement Mechanisms Ramadhani, Syifa Utari; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48092

Abstract

Policy corruption in digital-based local government procurement mechanisms is a serious threat to the integrity of governance and national development. This phenomenon specifically occurs when public regulations or policies, such as overly specific technical requirements or qualification criteria that deviate from fair procurement principles, are manipulated to benefit certain goods/services providers who have close ties with policy makers. This manipulation exploits gaps in digital systems that should be designed to increase transparency and accountability, for example by deliberately creating ambiguity in electronic auction specifications or limiting access to digital platforms for other potential providers. Therefore, the author raises the title "Legal Responsibility for Policy Corruption in Digital-Based Local Government Procurement Mechanisms". The research method uses a normative juridical approach, namely by examining primary, secondary and tertiary materials, primary legal materials consist of the 1945 Constitution, Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services and various official documents containing law, then examining secondary legal materials in the form of books, journals, articles, research reports and so on. This research uses 2 approach models, namely carried out with a Statute approach and a conceptual approach. The analysis method of this qualitative juridical research is an analysis method used to describe data comprehensively and qualitatively in the form of sentences that are coherent, orderly, logical, and effective to facilitate data interpretation and understanding of the results of the analysis, the analytical tools used in this study use the theory of legal responsibility and the theory of legal certainty The digital-based procurement mechanism for regional government goods and services is regulated by Presidential Regulation No. 12 of 2021 concerning Amendments to Presidential Regulation No. 16 of 2018 concerning Government Procurement of Goods/Services, supported by the LKPP Regulation as a technical guideline. Legal liability for corruption in digital-based regional government goods and services procurement policies, with criminal liability regulated by the Corruption Law, civil liability can be filed, and administrative sanctions are imposed in the form of a National Blacklist sanction by the LKPP.
Legal Protection for Boarding House Owners for The Transfer of Rent to a Third Party (Study on 8888 Boarding House in North Sumatra) Luthfi Siregar, Muhammad; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 3 (2025): September 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i3.48088

Abstract

In everyday life, as social beings, humans always interact with other humans to meet their needs, especially students. Students who pursue education come not only from educational centers but also from various regions. Residents living in the surrounding area take advantage of this opportunity to start businesses by temporarily renting out their buildings and residences, including rooms. The type of research used in this study is legal research, using an empirical juridical legal research approach. Empirical legal research takes the form of community legal behavior. The data source for empirical legal research is not based on written positive law, but rather on observations at the research location. The binding relationship is based on the provisions of Article 1548 of the Civil Code, first between the boarding house owner and the tenant, second between the tenant and a third party. The relationship that occurs between the boarding house owner and the tenant occurs legally based on an agreement to enter into a rental agreement for the object of the rental, namely the boarding house owned by the boarding house owner himself, and the second relationship that occurs is between the tenant and the third party. The legal consequences arising from the transfer or re-renting of the Boarding House for the parties based on the provisions of Article 1267 of the Civil Code are that the owner of the boarding house has the right to immediately terminate the agreement and can cancel the agreement that was made by the parties and ask for compensation, as a result of the cancellation of the Boarding House rental agreement, the rental agreement made by the tenant with the third party is also null and void by law. Efforts made to resolve the rental of this Boarding House are carried out by taking action independently and through deliberation.
IMPLEMENTATION OF REHABILITATION FOR DRUG ABUSES ACCORDING TO LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS Bawono, Bambang Tri; Wahyono, Dwi; Laksana, Andri Winjaya
Jurnal Hukum Vol 38, No 1 (2022): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.38.1.1-11

Abstract

This study aims to determine and analyze the implementation of rehabilitation for narcotics abusers according to Law no. 35 of 2009 concerning Narcotics and Barriers and what solutions are faced in the implementation of rehabilitation for addicts or narcotics abusers. The approach method used in this research is juridical sociology. The results of this study indicate that the implementation of rehabilitation for addicts or victims of narcotics abuse in principle is carried out through court decisions or requests from addicts or victims of narcotics abusers. There are three stages carried out to return addicts or victims of narcotics abusers to their original state, namely the medical stage, the non-medical stage, and the periodic or advanced stage. The obstacles faced in the implementation of rehabilitation are addicts or victims of narcotics abusers who are already in a semi-crazy condition, addicts or narcotics abusers do not want to open up, family factors, and the view of the police who still apply imprisonment for narcotics addicts.
Industrial Relations Dispute Resolution Model in Indonesia Widyastuti, Tiyas Vika; Soponyono, Eko; Hamzani, Achmad Irwan; Bawono, Bambang Tri; Mashdurohatun, Anis
Formosa Journal of Multidisciplinary Research Vol. 3 No. 2 (2024): February 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjmr.v3i2.8116

Abstract

This research aims to find out and examine industrial relations dispute resolution models in Indonesia. This research is normative legal research using a qualitative approach. The results of the research show that there are several types of disputes, namely Rights Disputes, Interest Disputes, Termination of Employment Disputes (PHK), Disputes between Trade Unions/Labor Unions. The author took the example of the case of PT Holcim Indonesia Tbk's unilateral layoff of its employees which was resolved through litigation in court. Industrial relations. With the enactment of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes, there is a guarantee of protection for workers regarding the basic rights of workers/laborers and guarantees of equality, opportunity and equal treatment without discrimination on any basis.
Role Implementation of Regional Supervisory Council in the Context of Guidance and Supervision of Notaries Alfani, Safri Sendi; Bawono, Bambang Tri
Jurnal Konstatering Vol 1, No 1 (2022): January 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of this research is to analyze and find out: 1). The role of the Regional Supervisory Council (MPD) of Central Lampung Regency in the implementation of guidance and supervision of Notaries. 2) Obstacles and solutions for the Regional Supervisory Council of Central Lampung Regency in the implementation of guidance and supervision of Notaries. The approach method in this research is empirical juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The role of the Regional Supervisory Council (MPD) of Central Lampung Regency in the implementation of guidance and supervision of Notaries is based on the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.39.PW.07 of 2004 as referred to in Article 70 and Article 71 of the UUJN, and Article 13 paragraph (2), Article 14, Article 15, Article 16 and Article 17. Several efforts have been made by the MPD of Central Lampung Regency in maximizing its role in providing guidance and supervision of Notaries in its area, namely: with coaching carried out in the form of workshops and routine socialization . As well as implementing preventive and curative supervision. 2). The obstacles for the MPD of Central Lampung Regency in the implementation of guidance and supervision of Notaries.
The Position of Inheritance of Children from Marriages Which Not Recorded in the Conception of Legal Certainty Novita, Puteri Mela; Bawono, Bambang Tri; Hafidz, Jawade
Jurnal Konstatering Vol 1, No 2 (2022): April 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze the inheritance position of children from marriages that are not registered in the conception of legal certainty, analyze legal protection for children from unregistered marriages and analyze examples of certificates of inheritance rights. The approach method in this research was a normative juridical approach, the research specification was descriptive analytical. The data required included secondary data taken by the literature study method. The data analysis method used descriptive qualitative analysis method. Based on the research, it is concluded that the position of inheritance of children from marriages that are not registered according to the Marriage Act is only obtained from the mother and her mother's family, on the position of inheritance if the child is recognized by the father as his biological parent then he is entitled to the position of inheritance. In principle, children from marriages are not registered with the decision of the Constitutional Court Number 46/PUU-VIII/2010, children from marriages are not registered to obtain legal certainty of their civil rights. Legal protection for children from marriages is not recorded. Legal efforts can be taken so that a child born from a marriage that is not registered obtains a position as a legal child for a Muslim couple by applying for Marriage Istbat to the Religious Court, so that the Religious Court legalizes the marriage, while for couples non-Muslims to register their marriage with the Civil Registry Office. So that they can issue a marriage certificate and the child from the marriage becomes a legal child and obtains legal protection.
Analysis of the Evidential Strength of Notarial Deeds in the Activities of the Margi Rizki Demak Savings and Loans Cooperative Kurniati, Novita; Shallman, Shallman; Bawono, Bambang Tri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstrak. This study aims to analyze the evidentiary power of notarial deeds in the legality of the Margi Rizki Demak Cooperative and identify obstacles and solutions in processing notarial deeds for cooperatives. The urgency of this research lies in the strategic role of cooperatives in the Indonesian economy, particularly in supporting a mutual cooperation-based economy. The research method used is a normative and empirical juridical approach, by reviewing applicable regulations and interviews with notaries, cooperative administrators, and related parties. The results show that the Margi Rizki Demak Cooperative still relies on loan agreements with private deeds based on the principle of kinship, even though notarial deeds have stronger legal force in the evidentiary system. The main problems are the lack of understanding among members, the cost of preparation, and complex administrative procedures. Proposed solutions include legal education, administrative digitization, and collaboration with notaries to strengthen the legality and transparency of cooperative transactions.