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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah BISNIS: Jurnal Bisnis dan Manajemen Islam Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung
Aryani Witasari
Faculty Of Law Universitas Islam Sultan Agung
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Restorative Justice In Application For Crime Investigation Abuse In Polsek Middle Semarang M.Gargarin Friyandi; Aryani Witasari
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4204

Abstract

The issues that will be reviewed by the authors in this paper are: 1) How can the application of Restorative Justice in the criminal investigation police persecution in the Middle Semarang?; 2) What are the obstacles in the implementation of Restorative Justice in the criminal investigation police persecution in the Middle Semarang; 3) What is the solution to implement Restorative Justice in the criminal investigation police persecution in the Middle Semarang? The method research approach used socio-juridical. Specification of the research is descriptive.The the type of data used is primary data, secondary data consisting of secondary legal materials and tertiary legal materials.Based on the results of the study concluded that the application of Restorative Justice in the investigation of criminal mistreatment in police Middle semarang has been able to implement, but still refer to the existing rules that reduce the evidence to the non-fulfillment of the evidence in accordance with Article 184 Criminal Procedure Code so that the case can be implemented degrees termination of an investigation or SP3 , Obstacles in the implementation of Restorative Justice in the criminal investigation police persecution in the Middle Semarang is the existence of internal factors and external factors that should be corrected so that Restorative Justice can be implemented without violating the rules. The barriers related solutions need to do is provide legal counseling, seminars, maximize the role of lower-level government officials related legal awareness in the community and maximize Bhabinkamtibmas role as the executive officer as well as representing the presence of the state in society.Keywords: Restorative justice; Investigation; Crime of Persecution.
The Choice Problems Of Presidential System In Indonesia Post-Reformation Siti Rodhiyah Dwi Istinah; Aryani Witasari; Fajar Fathan Fuadi; Muhammad Ali Maskun
Jurnal Daulat Hukum Vol 4, No 3 (2021): September
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.v4i3.17516

Abstract

The purpose of this paper is to find out and analyze the problems of the choice of the presidential system in the post-reformation of Indonesian state administration. The research method used is normative juridical, using a statutory approach. The data used is secondary data, with primary legal material from the 1945 Constitution and other laws and regulations. The results show that the choice of a presidential government system becomes a problem when juxtaposed with the multi-party system (combined phrase of political parties) in the 1945 Constitution. The MPR in the trial between 1999 and 2002 did not choose a quasi-presidential system in the original 1945 Constitution as well as a parliamentary system and explicitly transplant the American-style presidential system of government, without paying attention to ideological reasons and the identity and traditions of the state that have been explored by the nation's founders such as Soepomo, Soekarno and Muhammad Hatta. 
The Legal Power of Public Officers' Decisions Successful in Public Courts Aji Sudarmaji; Masrur Ridwan; Aryani Witasari
Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022
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.v5i1.20477

Abstract

The aims of this research is to know one of the causes of the emergence of civil cases is the decision of public officials that support and benefit one party, and harm the other party. They feel even more disadvantaged, and feel they have been treated unfairly, because the culprit is considered the source of the problem, namely the decision of the public official who can no longer be challenged in the PTUN (State Administrative Court). The approach used in this research is a normative juridical research method. The object analysis used a qualitative approach, with reference to the existing legal norms in the legislation. The primary data that became the initial basis were civil cases in the Pemalang District Court and the Serang District Court. A birth certificate which is issued if it is not in accordance with and contradicts the applicable legal provisions, it is still possible to be canceled or declared invalid and has no binding legal force by a court decision. However, a birth certificate can be valid and cannot be canceled if it meets certain conditions, both formal and material requirements. In order to cancel a birth certificate, if it is suspected that the issuance is not in accordance with the applicable legal provisions, then the injured party can file a cancellation lawsuit and declare it invalid and does not have binding legal force to the State Administrative Court, but if the submission is in conflict with the provisions of Article 55 of the Law on State Administrative Courts, there is still an opportunity to submit it to the General Court, namely the local District Court to declare that the birth certificate is invalid and has no binding legal force.
Abuse of Authority in Position and Redemption of Credit Fictitious Apparatus for Civil State (ASN) PD. Bank Perekreditan Rakyat (BPR) Sumber, Cirebon District Kustriyo Kustriyo; Aryani Witasari
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 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.v1i3.3396

Abstract

Lending procedures are stages that must be passed before anything was decided to disbursed credits. The purpose is to facilitate banks in assessing the feasibility of a loan application. Prospective borrowers other than credit include the applicant's name or the desired customer also lists the number of credits / loans and other types of credit, which in this case is the customer debtors State Civil Apparatus (ASN) which will apply for credit in PD. BPR Sumber Cirebon. ASN in filing the credit of course have to ensure a decree to PD. BPR Sumber and must go through the stages prescribed by the PD. BPR Sumber. However, employees of PD. BPR Sumber in this case Head of Credit and Marketing Division has abused his authority and unfreeze credit by means of fictitious proposed by ASN using fictitious data. Thus resulting in no small loss in PD. BPR Sumber and the act was qualified as a criminal offense Banking. Basic judges in the court verdict should be based on theory and research results related to each other to obtain the maximum results of research and balanced at the level of theory and practice. Since the purpose of the law itself to fairness, expediency and legal certainty.Keywords: Position; Authority; Fictitious Credit; BPR.
Fulfillment Of Restitution Rights In The Level Of Investigation In The Semarang Big City Resort Police In Beating Criminal Case Aris Sophian; Umar Ma'ruf; Aryani Witasari
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020
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.v3i2.10095

Abstract

The purpose of this study was to determine and analyze the granting of restitution rights in the handling of beatings, the implementation of restitution rights in the handling of beatings in the Semarang Big City Resort Police Department, as well as the obstacles faced and solutions in granting restitution rights in the handling of beatings in the Semarang Big City Resort Police.This study uses empirical juridical research methods, with descriptive analytical research specifications, the data used in this study are secondary data, obtained through literature studies and primary data obtained through field research which are then analyzed qualitatively using the theory of legal certainty, theory of law enforcement .The results of this study are: (1). The implementation of restitution rights at the level of investigation in the handling of beatings in the Semarang Big City Resort Police Department. Efforts to grant restitution rights at the investigation level should investigators choose and sort out which cases can be given restitution rights at the investigation level so that victims of criminal offenses receive compensation accordingly with what has been suffered by the victims of the crime and the case can be completed in the level of investigation with peace between the victim and the suspect. (2). Obstacles and solutions in granting restitution rights in the handling of beatings at the level of investigation in the Semarang Big City Resort Police Department,Keywords: Restitution Rights; Beating Crime; Semarang Big City Resort Police.
Constitution and Constitutionalism of Indonesia Sri Praptini Praptini; Sri Kusriyah Kusriyah; Aryani Witasari
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4149

Abstract

The term constitution comes from a constituer which means to form, that is , the whole of the rules both written and unwritten which regulate in a binding manner the way a government is held in a society. Constitutionalism in the strict sense is that the administration of the government which islimited by the Constitution, in a broad sense, is a set of political values and aspirations that reflect the desire to protect freedom by carrying out internal and external supervision of government power.There are differences and similarities in the four constitutional ions in Indonesia: a) Procedural aspects: only in the 1945 Constitution, as written and unwritten basic law, are flexible and rigid to adopt the supreme constitution, procedures for establishing and forming by the MPR, other written constitutions; RIS by the Constitutional Assembly, 1950 Constitution by the Constituent Assembly; RIS changes to the constitution with the Federal Law while the 1950 Constitution by the Assembly changes the Constitution; b) Substantial aspects, the form of the Unitary state existed in the 1945 Constitution before and after the changes and the 1945 Constitution, while the RIS of union states, all forms of republic government, recognition of human rights, the system of government of the 1945 Constitution before and after quasi presidential and presidential changes, while RIS and The 1950 Constitution of the Republic of Indonesia, the 1945 Constitution before the change of the highest sovereignty holders of the MPR, the RIS by the Government together with the DPR and the Senate, the 1950 Constitution by the Government and Parliament.Keywords: Constitution; Constitutionalism; Indonesian Constitution.
Crime Investigation of Trade of The Human Body Organs on Criminal Investigation Police (Case Study Police Report Number: LP / 43 / I / 2016 / Bareskrim dated 13 January 2016) Yeremias Tony Putrawan; Jawade Hafidz; Aryani Witasari
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 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.v2i4.8442

Abstract

The purpose of this research know and analyze doubt enforcing the investigation of criminal trafficking of human organs carried out by the Criminal Investigation Police, to determine the factors that affect the implementation of the investigation of criminal trafficking of human organs carried out by the Criminal Investigation Police, to know the efforts the police in tackling the trade in human organs and factors inhibiting the Police in tackling trafficking in human organs.The method used is the method of normative and juridical sociologic, the specifications in the study was a descriptive analytical methods of population and sampling are all objects or all of the symptoms or the entire event or the entire unit to be studied, data collection techniques using literature study and interviews, data analysis is qualitative.Result: Implementation of the investigation of criminal trafficking of human organs in accordance with the Regulation no. 14 Of 2012 on Management Investigations. In the process, the investigator did not experience any problems in the arrest of the perpetrators, because in the process of investigation the investigator obtain complete information from the victim as well as by using techniques evident triangle obtained further evidence used to ensnare offenders. The factors that affect the implementation of the criminal investigation of organ trafficking the human body that carried out by the Police Criminal Investigation divided into two: a supporting factor comes from: the power of law enforcement officers who have sufficient personnel and high professionalism, Police efforts to combat trafficking in organs, namely prevention, eradication and prevention of the crime of trafficking of human organs by running strategy repressive functions, namely in the form of punishment with the most severe penalties. Factors inhibiting factor is the legal, law enforcement, means infrastructures, society and cultureKey words: Investigation; Crime; Trafficking; Human Organs.
The Diversion in Law Enforcement of Criminal Action of Children in the Judicial System of Children Danang Sucahyo; Aryani Witasari
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
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.v4i1.13694

Abstract

Handling of crimes committed by children is carried out through the juvenile criminal justice system, as regulated in Act No. 11 of 2012. In Act No. 11 of 2012, the settlement of criminal cases of children is carried out by means of a diversion mechanism. This study aims to determine and examine diversion in law enforcement of child criminal acts in the juvenile criminal justice system. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that diversion is a persuasive action or an approach that aims to invite people to obey and enforce the law while still considering the sense of justice as a top priority in addition to providing opportunities for perpetrators to improve themselves. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime. Diversion in the juvenile criminal justice process is regulated in Article 8 of Act No. 11 of 2012, which is carried out through deliberations involving the child and his/her parents/guardians, the victim and/or their parents/guardians, social advisers, and professional social workers. The diversion provision is applied to criminal offenses that carry a sentence of less than seven years and do not constitute a repetition of the crime.
LEGAL STUDIES COURSES ENTREPRENEURSHIP, LEADERSHIP AND PROPAGATION IN SHAPING INTERESTS AND DEVELOPMENT PATTERNS OF STUDENT ENTREPRENEURIAL LEGAL STUDIES Aryani Witasari; Masrus Ridwan; Siti Rodhiyah Dwi Istinah
Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i2.8739

Abstract

To overcome the labor force in our country continues to increase from year to year, the government has transformed the world of education by requiring entrepreneurship education at several universities, including in Faculty of Law, Islam Sultan Agung IslamicUniversity. Entrepreneurship courses, Propagation leadership and has even become one of the special compulsory curricula. The goal is that students thinking paradigm change, ie of thinking worker became the creator of the work. The mindset of the student is stilldominated by the desire to be employees. Lack of motivation and interest in entrepreneurship is thought to be one cause their mindset has not changed. Conditions were not much different there as well may occur and are experienced by students of legalscience education program undergraduate Sultan Agung Islamic University. Hopefully, the results of this study could also be input for the faculty of law, in particular lecturer entrepreneurship courses, the materials, and the learning process the eye teachingentrepreneurship suitable and appropriate for students of legal studies program undergraduate.
PERSPEKTIF TEORI KEWENANGAN DEWAN PENGAWAS SYARIAH (DPS) DALAM RANGKA PENEGAKKAN PRINSIP-PRINSIP SYARIAH PADA LEMBAGA PERBANKAN SYARIAH aryani witasari
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1340

Abstract

Indonesia is the largest Muslim country in this world, since approximately 25 years ago trying to get out of the slump economic problems. One of the efforts was to fix the economic system by implementing Sharia system. The formulation of the problem is: What are the principles of Sharia to be enforced in the Islamic banking institutions? How theory perspective authority for DPS duty on Islamic banking institutions. Results shows that: general principles that must be upheld by Islamic banks is to avoid the usury and uses a system of revenue sharing as well as buying and selling. In order upholding Islamic principles that must be run by Islamic banks, it needs supervision that run by the Sharia Supervisory Board (DPS). DPS task as the supervisory board on Islamic banking is the attribution of authority. DPS is authorized by the original authority derived directly from law, Article 27 PBI No. 6/24 / PBI / 2004, which outlines the duties, powers and responsibilities of DPS, DPS Presence is what differentiates it from conventional banks. DPS is independent and equal position with BOC.
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