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REKONSTRUKSI SEBAGAI UPAYA MENGUNGKAP TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Kasus Wilayah Hukum Polsek Banyumanik Semarang) Wahyu Sudrajad; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 14, No 1 (2019): March 2019
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v14i1.1890

Abstract

The number of criminal acts committed by the community, especially the criminal act of murder, made the police officers investigators to conduct investigations. In particular Criminal Acts Murder crime requires the use of evidence or some kind of other guidance commonly referred to as the reconstruction of criminal acts, this makes the author want to know how the reconstruction as an effort to uncover the crime of murder planning case study of banyumanik polsek semarang law. The issues raised are what is the implementation of the reconstruction in an effort to uncover the crime of premeditated murder, what are the necessary reconstruction in an effort to reveal the crime of premeditated murder, what kind of criminal law policy in Indonesia in the field of reconstruction in an effort to reveal the crime of premeditated murder in the future come.The method used by the authors in making this thesis is the method of sociological juridical approach, namely by conducting interviews and perform data collection both from primary data and secondary data.According to the results of the authors' research, the implementation of the reconstruction is regulated in the Attachment to Decree of the Chief of Police. Pol: Skep 1205 / 1X / 2000 on the Revision of the Juklak and Juknis Association The Criminal Investigation Process has mentioned the implementation of reconstruction and what the reconstruction needs, the criminal law policy on reconstruction that is Indonesia must make revamping both substantial improvements namely improvements in terms of legislation - an invitation by establishing and drafting specific legislation concerning the investigative body in Indonesia.Keywords: Reconstruction, Killing, Banyumanik Polsek.
KEWENANGAN DISKRESI DAN PERTANGGUNGJAWABAN HUKUM DALAM PELAKSANAAN TUGAS DAN FUNGSI KEPOLISIAN Ariakta Gagah Nugraha; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1881

Abstract

This research entitled Authority of Discretion and Legal Liability in the Implementation of Duties and Functions of the Police. The purpose of this study: 1) To know and analyze the need to do the discretion in the police. 2) To know and analyze what are the authority of police discretion in Polres Pekalongan City. 3) To know and analyze discretionary legal accountability applied in the execution of duties and functions of police in Polres Pekalongan City.Result of research: 1) Legal basis of Police Discretion among others is Law Number 2 Year 2002 Article 18 paragraph (1). 2) Police Discretion in its implementation need to know the Ethics of Police Profession, 3) Application of Discretion that can not be prosecuted before the law is Discretion Action which is limited by: a. Principle of need, b. Actions that are really for the sake of police duty. c. Destination principle, .d. The principle of balance. Keywords: Discretionary Authority, Implementation of Duties and Functions of the Police
PENERAPAN UNSUR DAPAT MERUGIKAN KEUANGAN NEGARA DALAM TINDAK PIDANA KORUPSI Arif Setiawan; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1882

Abstract

Article 2 and Article 3 of the Law on Corruption should be recognized as the most frequently used article by law enforcement officers in ensnaring corrupt perpetrators who have harmed the State's finances. In the implementation of the element "can harm the state finances" often raises the problem that is 1) Is the element of financial losses of the state in corruption crime is the actual loss or potential loss 2) Who is authorized to calculate and declare that there has been a loss of state finances in the criminal act of corruption 3) How method of calculating the financial losses of the state in the criminal act of corruption. Through normative juridical research by means of research literature then research result that to give more legal certainty and justice, element can harm state finance must be understood as actual loss of state finance (actual loss), while most authorized official in counting loss of state finance is BPK RI by using the method of calculation that is adjusted to the modus operandi. Keywords : harm the state finance
PENANGANAN PERKARA TINDAK PIDANA PENADAHAN DI PENGADILAN NEGERI SEMARANG Sugiyono Sugiyono; Umar Ma’ruf
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1900

Abstract

Evil is an eternal problem, as long as humans inhabit this earth. One of the crimes that appear in the community of criminal acts of offense . The issues raised in this research are (1) How is the handling of criminal case of offense in Semarang District Court (2) How Judge Consideration Criminal in Case of offense Criminal Decision Number 754 / Pid / B / 2013 / PN Smg. The method used in this research is sociological juridical, The sociological juridical method is an approach that aims to describe a fact that is in the field based on legal principles and legislation. The research finding that (1) case handling Number: 754 / Pid / B / 2013 / PN Smg is correct based on examination process of witness testimony, defendant's statement and evidence proven in court (2) Judge Consideration of Criminal in Case of offense Criminal has been in accordance with Article 183 Criminal Procedure Code on the basis of decision and Article 184 Criminal Procedure Code as well as reinforced by Judge's conviction. Keywords : Criminal offense, Article 480
Substantial Justice In Handling Of Child Actors "Klitih" Adi Wibowo; Umar Ma’ruf
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5411

Abstract

"Klitih" has become a negative label of the last few years in the area DIY. Lebel is pinned to the perpetrators of criminal acts of persecution accompanied by vandalism committed by children, the widespread and massive occur within this period and led to loss of life and property. Act No. 11 of 2012 on the Criminal Justice System of Children who are formally to be done by the Regional Police of Yogyakarta in the treatment of perpetrators of maltreatment ("klitih"), has not given the benefit and sense of justice to the people. This happens because the concept of juvenile criminal justice system does not provide a deterrent effect to the child as a criminal offender. The pattern of interaction of children is also one of the causes of delinquency,In the juvenile criminal justice system, there is the concept of restorative justice should be applied at the beginning of the judicial system (investigation), in order to provide protection (special treatment) for children in conflict with the law so as not to disturb or shut off the child's development. It is true that the protection obtained by children in conflict with the law (especially actors), but it is different for the victim and the community, not necessarily the effect of juvenile criminal justice system can provide substantial protection and justice for him.Keywords: Children, Klitih, Juvenile Justice System, Substantial Justice.
Law Enforcement Against Elections Crime During Electoral Campaign 2019 (Case Study In Bawaslu of Banjarmasin City) Sri Herlina; Umar Ma’ruf
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5656

Abstract

Simultaneously in the general election in 2019 in London Election alleged criminal offense, whether it was exposed by the media and is still a byword society is becoming Bawaslu obligation to respond. Among them led to the process in Bawaslu Gakkumdu of Banjarmasin city whether it is a public report and findings by Bawaslu of Banjarmasin own. The cases that occurred not only before the campaign period, even at this stage that this time period campaign legalized legislative candidates for creativity lure the support of the constituency, also saw various criminal cases of elections. Though political parties have been briefed by Bawaslu of Banjarmasin about what and things that are prohibited during the campaign period and to explain and analyze: the factors that hinder and solutions for Bawaslu of Banjarmasin to enforce laws against criminal acts during the election campaign in 2019. This study is a sociological juridical data obtained in this study were analyzed by inductively qualitative descriptive method. The results of this study are: Factors that inhibit Bawaslu of Banjarmasin in enforcing the law against Crime Elections in Future Campaign in London on Election Unison 2019 is a factor of legal norms, budgetary factors, human resource factors and factors of the facility, then the solutions to the barrier is to maximize prevention efforts and strengthen budgeting, HR recruitment and complement facilities of Bawaslu of Banjarmasin.Keywords: Law Enforcement; Election Crime; Bawaslu of Banjarmasin.
Law Enforcement Against Handling Traffic Accidents Through Non Line Under Penal of Legal Culture of Indonesian Police in Kudus Ngatmin Ngatmin; Umar Ma’ruf
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i4.3991

Abstract

The Police of the Republic of Indonesia (POLRI) is a tool that contributes to maintaining state security and public order. The purpose of this research: knowing and analyzing the traffic accident set in the current positive criminal law further handling traffic accidents and then through non penal later barriers and settlement solutions handling traffic accidents then then through non penal.This research is legal using empirical juridical approach or commonly referred to as the Juridical Sociological. According to his level, the study was specified as descriptive analytical research.The results of this study are (1) In the conduct of law enforcement against traffic criminal offenses remain consistent with the provisions of the Criminal Code and Act No. 22 Of 2009 regarding Traffic and Road Transportation. (2) Allowing involved to make peace (3) Barriers handling track non penal offenders and victims and their families do not support the settlement outside the court, the solutions do is keep highlighting persuasive conclusion in this research that law enforcement against criminal acts and cross remains consistent with the provisions of the Criminal Procedure Code and Act No. 22 of 2009 on Traffic and Transportation, opportunity for the parties involved to make peace. Perpetrators and victims of personal character that does not support the settlement outside the court.Keywords: Law Enforcement; Traffic Accident; Non Line Penal Of Legal Culture.
PERLINDUNGAN HUKUM TERHADAP HARTA DALAM AKTA PERJANJIAN KAWIN YANG DIBUAT OLEH NOTARIS BAGI WARGA NEGARA INDONESIA YANG BERAGAMA ISLAM Farida Novita Sari; Umar Ma’ruf
Jurnal Akta Vol 4, No 2 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i2.1796

Abstract

The research on "Legal Protection of Treasures in the Deed of Marriage Agreement Made by Notary Public for Indonesian Moslems" has the purpose to know the protection of the law in the marriage certificate deed which has been made by notary especially for Indonesian citizen who is majority Moslem.Legal protection in a marriage bond is one important thing to protect the interests of each husband or wife. In a marriage bond there is something about a mixture of treasures or not. The absence of an assimilation of property is usually preceded by the making of a marriage agreement either before marriage, at the time of marriage or now it can be done after the marriage takes place, which is stipulated in the Constitutional Court Decision Number 69/2015. The marriage agreement itself may only be made by a Notary who has the authority to do so, as has been mandated by law and made in the form of an authentic deed so that the proof is fully valid and has a permanent legal proof.Keywords: Property, Marriage, Notary