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Journal : Law Development Journal

Analysis of Legal Protection Measures on Children’s Rape Victims through Child Criminal Judicial Mechanism Mohamad Andi Rochman; Aryani Witasari; Peni Rinda Listyawati
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.239-246

Abstract

The purpose of this study is to examine, identify and analyze the concept of the fulfillment of the rights of victims of protection in the judicial process of criminal acts of child molestation progressively. The approach method used in this research is sociological juridical. The specification of this research is descriptive analytical. Article 90 of the Juvenile Justice System Law concerning children who are victims of criminal acts of obscenity have the right to rehabilitation (Recovery to physical and mental and social medical, both inside and outside the Witness and Victim protection institution), Provision of Compensation (Restitution), and Providing compensation. In the process of investigating and prosecuting children's cases, in conducting an investigation of children's cases, investigators are required to ask for considerations or suggestions from community advisors. The process of examining children, apart from the absence of official attributes used in the trial, the difference between adult and child trials is the closed trial system. The examination process at the trial court, the judge in examining the child's case in the children's trial is declared closed to the public except for the reading of the verdict. The concept of the fulfillment of victim protection rights in the judicial process of child obscene crimes can be concluded progressively, namely first, Cross Examinitation. Second, the principle of fast, simple and low cost justice (systematic resocialization of the offender).
Effectiveness and Problems of Implementation of Assistance for Witnesses Novita Irma Yulistyani; Umar Ma'ruf; Aryani Witasari
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.61-68

Abstract

Proof of a crime, the evidence that must be met is at least 2 pieces of evidence. Evidence that must be submitted in proving a crime is evidence in the form of witness statements. Witness testimony will determine whether a crime can be proven or not before the trial. Considering the importance of witness testimony in proving a crime, it should be balanced with legal protection for witnesses, one of which is by providing assistance in the form of medical assistance, psychosocial rehabilitation and/or psychological rehabilitation. This study aims to answer the problems, namely: first, why is assistance needed for witnesses? second, has the implementation of providing assistance for witnesses been effective? Third, what are the problems faced in providing assistance for witnesses and what are the solutions? The research method uses sociological juridical with a legal research approach using secondary data as initial data, which is then followed by primary data in the field or on the community. Primary data was obtained by obtaining directly from the field through unstructured interviews, secondary data obtained through library research consisting of primary legal materials and secondary legal materials. Qualitative data analysis emphasized the analysis on the process of deductive and inductive inference as well as on the dynamics of the relationship between phenomena that observed using scientific logic. The research problems were analyzed using the theory of legal protection, the theory of legal effectiveness and the theory of justice. The results of the research and discussion of this study can be concluded that the reasons for the need for assistance for witnesses are because witnesses are very decisive evidence in the process of proving criminal cases, witnesses must be free and safe in giving testimony and many witnesses need medical assistance, psychological rehabilitation and/or or psychosocial rehabilitation. Regarding the effectiveness of assistance for witnesses, currently it has not been effective. This is due to the legal factors themselves, law enforcement factors and community factors. This is because there are problems from the lack of knowledge by law enforcement officers, the absence of rules that bind law enforcers, the absence of synergy between law enforcement agencies and the lack of socialization to the public regarding the assistance for witnesses.
Process of Investigation onCriminal Actions of Fake Reports by the Reserse & Criminal Unit Investigators to Prosecutor Rizki Andika Putra; Aryani Witasari; Deny Suwondo
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.108-115

Abstract

The aim of this research is to find out and analyze the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze the obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze efforts to overcome obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the Process of Investigating False Reports by Criminal Investigation Unit Investigators to the Prosecutor's Office is an investigator who submits a case file or the result of the report turns out to be false to the prosecutor's office, the prosecutor can return the case file or the results of the report to the investigator with instructions or directions from the prosecutor. Its office with coordination or cooperation between the police and the prosecutor's office. The resistance is the investigation of a criminal act of a false report takes a long time: in handling a criminal act of a false report by a defendant, it cannot be processed further if it only relies on information/confessions from the suspect, and if the case related to the crime of a false report has not been revealed or proven. Proving is difficult, it is difficult to prove the case in the investigation because in fact this case does not exist so that investigators must be more observant and patient in every collection of evidence. The solution is intensify every report or input from everyone about everything related to the problem of the crime of the false report. Increased awareness of new modes of crime.
Law Enforcement At Sea Hinders Sea Toll Program Towards Indonesia As A Global Maritime State Karolus Geleuk Sengadji; Amin Purnawan; Aryani Witasari
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.924 KB) | DOI: 10.30659/ldj.3.3.657-665

Abstract

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.
A Legal Assistance In Criminal Action Trial Process Akhmad Mufasirin; Aryani Witasari
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (641.845 KB) | DOI: 10.30659/ldj.3.2.346-352

Abstract

The purpose of this study was to analyze the form of legal aid in the criminal trial process. To analyze the forms of legal assistance provided by the Legal Aid Institute for victims. To analyze the obstacles to legal aid in the criminal trial process and its solutions. The method used by the researcher is a sociological juridical approach and the specifications in this study include analytical descriptive. Based on the results of the research that the form of legal assistance in the criminal trial process is to accompany the suspect/defendant at every level of examination, especially the level of prosecution and trial of criminal acts, so that human rights are guaranteed, during and after the trial and seek diversion of criminal cases so that the perpetrators of criminal acts get their rights. The forms of legal assistance that can be provided to victims by LBH, in the criminal justice process, start from assistance carried out when the victim starts reporting the case to the police until the case is decided in court. Constraints: In practice, the provision of legal aid that has been applied is only limited to the provision of legal aid as mandated by Article 56 of the Criminal Procedure Code. In the appointment of legal counsel for the Defendant based on the mandate of Article 56 of the KUHAP in the event that the Defendant is incapacitated who is threatened with a sentence of five years or more who does not have his own legal advisor, Judges often make stipulations on the appointment of legal counsel without knowing in advance whether the defendant is economically capable or not. Solution: Provide information on Posbakum services for the Defendant in the District Court. In this case, this can be done by placing an information board on the Posbakum service in front of the District Court Detainee or by providing a pamphlet containing information on the Posbakum service in the detention room.
Legal Policy for Management of Criminal Action of Narcotics in Low Education Bayu Dwa Anugrah; Aryani Witasari
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.939 KB) | DOI: 10.30659/ldj.2.4.456-464

Abstract

The objectives of this research are: To know and analyze how legal handling of narcotics crime among low education.To find out and analyze obstacles and solutions prevention of narcotics crime among low education. The results of this study areWays to Overcome the Law on Narcotics Crime Among Low Education, among others: 1) Preventive, namely policies that see the root causes of the main causes of crime through a social approach, a situational approach and a community approach to eliminate the elements of potential interference (Correlative Criminogen Factors); 2) Preventive (prevention), namely to form a society that has resistance and immunity to drugs. Prevention is better than eradication .; and 3) Repressive (repression), namely taking action against and eradicating drug abuse through legal channels and based on law, which is carried out by law enforcers or security forces assisted by the community. Internal obstacles are the lack of resources for sophisticated technology equipment to match the technological sophistication of drug network syndicates in distributing and producing drugs, while external obstacles that come from outside are the confusion of articles in the Narcotics Law regarding sanctions against victims of abusers, lack of participation and public participation as police intelligence to provide information and information in order to uncover and uncover cases of illicit traffic and narcotics abuse. Future efforts will be made to overcome obstacles in overcoming narcotics crime among low education. Drug Crime Unit personnel are given education or training on the use of technology so that they can use IT tools in order to detect narcotics offenders and networks; Narcotics Crime Unit personnel carry out vocational education in the field of combating narcotics crime. And the personnel of the Narcotics Crime Unit are required for investigators to continue their education to higher education so that their insight and understanding of the Narcotics Law can better understand so that they can carry out investigations into a more organized modus operandi.
Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects Angga Kusumah; Aryani Witasari
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (539.923 KB) | DOI: 10.30659/ldj.3.1.38-43

Abstract

The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public,
Legal Considerations Settlement Of Criminal Acquisition Of Land Hapshary Noor Diansaputri; Aryani Witasari
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (635.612 KB) | DOI: 10.30659/ldj.2.2.169-177

Abstract

One of the land conflicts that often occurs is the grabbing of land belonging to other people, whether intentional or unintentional, either by an individual or by a group of people. Land grabbing is a form of taking the rights of others against the law. This study aims to identify and analyze the factors that cause land grabbing, to identify and explain the form of legal arrangements for the crime of land grabbing and to analyze judges' legal considerations on the settlement of land grabbing crimes. This study uses a normative juridical approach, which is a legal research conducted by examining library materials or secondary data as the basic material for research. The theory used to analyze law enforcement theory and dispute resolution theory. Based on the research, the conclusion is: The factors driving the crime of land grabbing are the lack of awareness of the importance of legal protection of land ownership or control rights among the community, the existence of parties with certain motives against land that are considered to have no legal protection. Crimes against land grabbing are also regulated in the Criminal Code (KUHP), which is regulated in several articles in the KUHP, including: Article 167 of the Criminal Code and Article 385 of the Criminal Code. In deciding a case, a judge must consider sociological, philosophical and juridical aspects.
The Politics Of Corruption Eradication Law In The Aspect Of Anti-Corruption Education Yunus Rahendra; Aryani Witasari
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (547.305 KB) | DOI: 10.30659/ldj.3.2.416-423

Abstract

The purpose of this study is to explain the need for aspects of anti-corruption education provided in educational institutions. Currently, the government is still focused on the regulation of legislation, especially on efforts to strengthen law enforcement. However, efforts to eradicate corruption by breaking the chain of its emergence by providing anti-corruption education in educational institutions are a promising step if implemented optimally. Based on the above background, problems arise, namely how is the urgency of anti-corruption education, then how is the role of the government in anti-corruption education management. The research approach method used is normative juridical using secondary data. Data collection is done by collecting and analyzing library materials and related documents. Furthermore, the data from this study were analyzed qualitatively, namely by collecting research data to be processed which was then concluded to obtain information and answers to research problems. The conclusion of this research is the need for the role of the educational component to teach moral and ethical doctrine to students from an early age. In addition, the government's role is also important in supporting the implementation of anti-corruption education from the level of policy makers. Among them is the internalization of anti-corruption education in existing subject matter by updating the existing curriculum.
The Analysis of Undercover Techniques by Involving in Narcotics Circulation Network Bondan Satrio Bawono; Siti Rodhiyah Dwi Istinah; Aryani Witasari
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.279-289

Abstract

This study aims to find out and analyze how the undercover technique involves being involved in the narcotics distribution network to uncover cases at the Batang Police Resort. This study uses a sociological juridical approach and data collection through interviews, literature study and documentation. Based on the research, it was concluded that the Undercover technique by involving oneself in the narcotics distribution network to uncover cases at the Batang Police Resort was an attempt to enter into the narcotics distribution network and then lure the suspect in the operation target to leave by conducting narcotics transactions through the Undercover Buy technique or surrender. It was monitored and arrested before the transaction took place by ensuring that the suspected goods were in the possession of the suspect. The target of the technique is the elements of criminal acts as regulated in the Narcotics Law, such as the "whoever" element and the "controlling" element as well as the "circulating" element. The element of "whoever" is the target of the operation, in this case the suspect. The element of "control" means that it must be ensured that the alleged seller "controls" the narcotics goods. While the element of "circulating" is like selling narcotics. This technique was carried out because of the difficulty of uncovering the illicit trafficking of narcotics using a disconnected and neat system.
Co-Authors Abdul Hasim achmad sulchan Agus Supriadi Ahmad Hadi Prayitno Aji Sudarmaji Akhmad Khisni Akhmad Khisni Akhmad Mufasirin Akhmad Mufasirin Amin Purnawan Amin Purnawan Anak Agung Putra Dwipayana Angga Kusumah Ani Hilyani Hilyani Anindia Inka Saputri Anwar Saleh Hasibuan Ardito Yudho Pratomo Aris Setiono Aris Sophian Armina Dilla Zahirani Arpangi Arpangi, Arpangi Bayu Dwa Anugrah Beny Fajar Sanjaya Bonar Setyantono Bondan Satrio Bawono Chandra Kurniawan Christian Bagoes Prasetyo Danang Sucahyo Delvi Amalia Rosa Deni Dwi Noviandi Denny Suwondo Deny Suwondo Didi Wahyudi Sunansyah Dimas Sakti Wardhana Edi Suarto Eka Damayanti Damayanti Eliani Safitri Evie Pravitasari Fajar Fathan Fuadi Farhana Yahya Abdullah Farman Riantama Budi Fiana Zahroh Suciani Fidianto, Grahita Gunarto Gunarto Gunarto Gunarto Hapshary Noor Diansaputri Harinda, Khoirulika Nur Hengki Irawan Heri Mulyono Holyness Nurdin Singadimedja Indah Esti Cahyani Indah Setyowati Insan Al Ha Za Zuna Darma Illahi Ira Alia Maerani Irfan Iskhak Jawade Hafidz Junaidi Abdullah Justisia Pamilia Luberty Karolus Geleuk Sengadji Kustriyo Kustriyo M Farid Amirullah M.Gargarin Friyandi Ma'ruf, Umar Mahin Musyafa Masrur Ridwan Masrur Ridwan Masrus Ridwan Maulana Abdul Mujib Mochamad Rizqi Sismanto Mohamad Andi Rochman Monicha Rossalia Adigita Muchammad Qomaruddin Qomaruddin Muhammad Ali Maskun Muhammad Nur Aklif Muhammad Ramadhani Citrawan Muhammad Sholikul Arif Nanda Herawati Nariswari, Anindya Widya Ngadino Ngadino Nirwan Kusuma Noor Lailatul Izza Novita Irma Yulistyani Novitasari Novitasari Nur Muhammad Rajja Agung Peni Rinda Listyawati Risky Amalia Rizki Andika Putra Rondhiyah Dwi Istinah, Siti Rudi Hendri Basuki Siti Rodhiyah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Sri Endah Wanyuningsih Sri Kusriyah Sri Praptini Praptini Sukarmi Sukarmi Syafiera Amelia Tegar Firmansyah Tofan Alamsyah Umar Ma'ruf Umar Ma’ruf Widhi Handoko Widya Pratiwi Asmara Yeremias Tony Putrawan Yunus Rahendra Yustisiadi, Hakam