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Journal : Law Development Journal

The Policy Authority of Police in Implementing Rehabilitation Actions ont Narcotics Users Muhammat Teguh Safi'i; Jawade Hafidz; Maryanto Maryanto
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.4.1.116-123

Abstract

The purpose of this research is to analyze the police authority policy in the implementation of rehabilitation measures against narcotics users in the current positive law and to analyze the narcotics authority policy in the future positive law. This study used a sociological juridical approach, with a qualitative descriptive research method. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that 1) Law enforcement of rehabilitation sanctions against narcotics users currently begins when the police conduct investigations and investigations by looking at the criminal provisions of Article 127 paragraphs (2) and (3) so that there is consistency in paying attention to the Articles that regulate the provisions so that Later the addicts and victims of narcotics abusers can be rehabilitated both in rehabilitation and no longer sentenced to prison or imprisonment because the rehabilitation is counted as a period of serving the sentence. 2) In the future positive law formulation, is needed that is built on an integrated and harmonious investigation coordination and supervision system but does not have multiple interpretations so that there is no overlapping investigative authority caused by the arrangements and legislation formulations in positive legal provisions such as the current and current cases. Narcotics abuse can not be handled appropriately.
Criminal Liability against Children as Perpetrators of Theft Iswantoro Iswantoro; Maryanto Maryanto
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 (508.836 KB) | DOI: 10.30659/ldj.2.2.195-200

Abstract

The objectives of this study are: 1. To analyze criminal responsibility towards children as perpetrators of criminal acts of theft in the jurisdiction of the Pati District Court. 2. To analyze constraints in the implementation of criminal responsibility against children as perpetrators of criminal acts of theft in the jurisdiction of the Pati District Court and their solutions. The research method used is juridical empirical. Research results and discussion The background of the crime of theft committed by children is various factors, including; lack of parental attention and supervision. The occurrence of the criminal act of theft, not only raises legal problems but also creates economic problems and social problems in the community, because it is an act that is detrimental to the state and to this act the state reacts with punishment as the last resort (Ultimum Remedium)Accountability for the verdict of case Number: 5 / Pid.Sus-Anak / 2017 / PN Pati, with the defendant WES Known as Wn Bin S having been legally and convincingly proven guilty of committing the crime of "Theft in Aggravating Circumstances"; as regulated and punishable under Article 363 paragraph (1) 4 of the Criminal Code as in the single indictment, imposes a crime against the child of WES Known as W Bin S, in the form of imprisonment for 7 (seven) months at the LPKA (Special Development Institution for Children), arrest and detention that has been served by the child is fully deducted from the sentence imposed, so that the child remains detained, by charging the child a case fee of IDR 2,500 (two thousand and five hundred rupiah).
Implementation Of Restorative Justice In Traffic Accident Settlement Indra Jaya Syafputra; Maryanto Maryanto; Jawade Hafidz
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 (546.755 KB) | DOI: 10.30659/ldj.3.2.399-406

Abstract

This study aims to determine and analyze the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and the obstacles that arise in the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results of the study indicate that the implementation of restorative justice in resolving traffic accident cases in the jurisdiction of the Rembang Police is aimed at justice by referring to the Criminal Procedure Code, the LLAJ Law, the Police Law, and the National Police Perkap Number 6 of 2019. In its application there are obstacles, namely the lack of legal awareness of community and intervention from third parties.
Politics of Law of Social Security of Passenger Accidents Construction of State Responsibility Maryanto Maryanto; Ahmad Suhasan
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 (523.373 KB) | DOI: 10.30659/ldj.3.1.30-37

Abstract

The role of the presence of the state is important so that the implementation of social security from the government to the community is managed from compulsory contributions and community contributions. Management and control of the funds are submitted to the State Owned Enterprises (BUMN) PT. Jasa Raharja. This research method is normative juridical (normative law research) using normative legal studies in the form of legal behavior products. Research findings: (1) The Political Law of Social Security for Passenger Accidents and Road Traffic Accidents provides an overview of the Insurance business that has been managed so far PT. Jasa Raharja is a social insurance program that can be organized by BUMN, so PT. Jasa Raharja as a state-owned company is the only provider of social security insurance for passenger accidents and road traffic accidents. (2) Barriers to adjusting the implementation of the Social Security Program based on Act No. 40 of 2014 concerning Insurance in terms of regulation between Act No. 33 and 34 of 1964 with Act No. 40 of 2014 concerning Insurance, the institutional provisions of article 89 of the Insurance Law are implemented, so there is a fundamental change in the administration of the mandatory insurance coverage for passenger accidents and road traffic accidents.
Justice In Judges' Decisions On Criminal Cases According To The View Of Progressive Law Ari Indra David; Maryanto Maryanto
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 (660.869 KB) | DOI: 10.30659/ldj.3.2.205-215

Abstract

This study aims to find out and examine justice in judge decisions in criminal cases according to the view of progressive law. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are that justice in judge decisions in criminal cases according to the view of progressive law must be able to provide spiritual enlightenment for litigants, and strengthen social cohesion in social relations. Progressive judges will use the best law in the worst circumstances. A fair decision in the view of progressive law is a decision that is not merely legalistic in nature, does not only fulfill legal formalities, has a vision for the future, and is partial and sensitive to the fate and condition of the nation and state.
Using of Letter Evidence by Defendant in Murder Crime Andhika Widya Kurniawan; Maryanto Maryanto
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (577.041 KB) | DOI: 10.30659/ldj.2.3.383-391

Abstract

Evidence is a problem that plays a role in the process of trial court examination which aims to find material truth. From the evidence, it is determined whether the defendant is guilty or not. At this stage of evidence, according to Article 52 of the Criminal Procedure Code, the defendant has the right to present mitigating evidence as a defense to give rise to the judge's conviction that he is innocent. The defendant's submission of mitigating evidence is to protect the rights of the defendant and uphold the principle of equality before the law. The evidence presented by the defendant to prove his innocence was documentary evidence. The purpose of this study was to identify and analyze the use of documentary evidence submitted by the defendant in a murder crime case and to find out the weaknesses and solutions to the use of documentary evidence submitted by the defendant in a murder crime case. This legal research uses empirical juridical research methods, by conducting descriptive analysis. This research uses a statutory   approach, documents and field research. This legal research is also supported by the results of interviews with informants. Results of the study: The panel of judges accepted the use of documentary evidence by the panel of judges, but the strength of evidence could not be considered in the verdict. The reason is because documentary evidence is not independent evidence and must be supported by other evidence. In accordance with Article 183 of the Criminal Procedure Code, which regulates the minimum number of at least two valid pieces of evidence. The weaknesses of documentary evidence submitted by the defendant include: (a) From a formal perspective, that the power of proof of documentary evidence in a criminal case is controlled by the rules, namely Article 187 KUHAP, they must determine the conviction of the judge. Evidence in a criminal case to seek material truth, the judge is free and not bound by evidence. (b) In terms of material, whereas what is sought in criminal procedural law is material truth, then the consequence is that the judge is free to use or set aside a letter. Although there is no special regulation, according to the negative evidence system (negatief wettelijk bewijstheorie) adopted by the Criminal Procedure Code, namely there must be confidence from the judge regarding the evidence presented at trial. Even though from a formal perspective, the evidence is an official letter, but the value of perfection does not support it to stand on its own and must comply with the principle of the minimum limit of proof stipulated in article 183 KUHAP.
Traffic Crime Law Enforcement On Over Dimensions Yunanto Dwi Handoko; Maryanto Maryanto
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 (615.968 KB) | DOI: 10.30659/ldj.3.3.630-636

Abstract

The purpose of this study describes how the law enforcement of Act No. 22 of 2009 concerning Road Traffic and Transportation against over-dimensions as well as obstacles and solutions in overcoming public transportation law enforcement that is Over-Dimensional. The approach method used in this research is empirical juridical. Based on the research, it can be concluded that law enforcement in over-dimensional cases is contained in the provisions for the mandatory testing of types of public transportation vehicles or over-dimensional vehicles regulated in Act No. 22 of 2009 concerning Road Traffic and Transportation. In addition to Act No. 22 of 2009 concerning Road Traffic and Transportation, there is also Government Regulation Number 55 of 2012. Over-dimensional vehicles are strictly prohibited because in the event of a traffic accident, the fatality of the victim is very high. The over-dimension does not take into account the factors of security, safety and order and the smoothness of traffic, and only cares about the profits of public transport entrepreneurs, so they must be punished in accordance with the applicable laws and regulations.
Consumer Protection Against Forced Withdrawal By Leasing Parties In Fiduciary Guarantee Hernando Ariawan; Maryanto Maryanto
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 (544.164 KB) | DOI: 10.30659/ldj.3.3.505-512

Abstract

The purpose of this research is to analyze consumer protection against forced withdrawals by leasing parties in fiduciary guarantees, constraints on consumer protection against forced withdrawals by leasing parties in fiduciary guarantees, and analyze consumer protection against forced withdrawals by leasing parties in fiduciary guarantees in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice. The results of the study concluded that forced withdrawals were made to the debtor both physically and mentally due to the lack of heeding of the wishes of the leasing party. When the action that has a criminal threat is carried out by leasing, then there is no word for criminal abolition for them, except for certain reasons. The first party should use legal channels, namely through the courts in resolving the problem of default by the second party, so that there is permanent power in confiscation of goods against debtors in the event of bad credit. The use of Fiduciary Guarantees still has several obstacles, including: 1). Fiduciary Guarantee Registration. 2). Guaranteed vehicle withdrawals. 3). Elimination of Fiduciary Guarantee after the debt has been repaid. Consumer protection against forced withdrawals in fiduciary guarantees in the future should continue to be consistent with Act No. 8 of 1999 concerning Consumer Protection (UUPK). The enactment of this law provides hope for the people of Indonesia, to obtain protection for losses suffered by transactions of goods and services. UUPK guarantees legal certainty for consumers.
The Legal Substance Ownership of Motor Vehicle Owner's Book Etna Yesinia Mardianti; Maryanto Maryanto
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 (462.32 KB) | DOI: 10.30659/ldj.2.4.489-495

Abstract

The purpose of this research is to analyze the legal substance concerning the Motor Vehicle Ownership Book in terms of current positive legal aspects. The research method in this article is normative juridical. The results showed that the normative law of ownership of proof of ownership of motor vehicles has legal force as a means of protecting society and providing legal certainty. The strategic role of the BPKB as a valid means of evidence and its legitimacy is recognized by the State, in addition to that as a means of uncovering crimes related to motorized vehicles, both as objects (targets) of crime and as predicate of crimes (means or means). BPKB's juridical ownership scheme, rooted in the Preamble of 1945 Constitution of the Republic of Indonesia up to laws and regulations such as Act No. 22 of 2009 concerning Road Traffic and Transportation as well as Regulation of the Chief of Police Number 5 of 2012 concerning Registration and Identification of Motor Vehicles.