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Journal : Law Development Journal

The Juridical Analysis of Criminal Responsibility Performer on Children Aris Munandar Pamungkas; Umar Ma'ruf; Bambang Tri Bawono
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.4.1.1-8

Abstract

The purpose of this study was to identify and analyze the factors that influence the occurrence of criminal acts of sexual abuse against children. To find out and analyze the criminal responsibility of perpetrators of sexual abuse against children. The method used by the researcher is empirical juridical approach and the specifications in this study were descriptive. The sources of data in this study were secondary data obtained from literature studies and the processing of the researched data was then analyzed qualitatively, namely the analysis of the data to produce data that was systematically arranged based on the laws and regulations, the opinions of experts and the results of the author's research. Based on the results of the study that Factors Affecting the Occurrence of the Crime of Child Abuse as follows: Environmental Factors, Cultural Factors, Economic Factors and Educational Factors.Criminal Liability of Perpetrators of Obscenity Against Children is prosecute perpetrators with criminal sanctions for perpetrators of sexual abuse of children according to the Criminal Code (KUHP), namely article 289. And with criminal sanctions for perpetrators of sexual abuse of minors according to Act No. 23 of 2002 concerning Child Protection, namely article 82.
The Implementation of Code of Conduct for Members of Police as Accurators of Murder Julizar Bimo Perdana Suka; Bambang Tri Bawono; Andri Winjaya Laksana
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.%p

Abstract

The police are figures and protectors of the community and also as law enforcement officers have committed a crime that is burdensome and disturbing to the community, namely eliminating a person's life through a planning process that contains elements of violating Article 340 of the Criminal Code for his actions that are declared unfit to carry out the police profession in accordance with the Decree National Police Chief KEP/23VII/2003 concerning the Code of Ethics for the Indonesian National Police. The purpose of the study 1) To find out and examine the application of the code of ethics for members of the Police 2) To find out and analyze the strategies taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police. This research method was sociological juridical which a legal research using secondary data as initial data, which was then followed by primary data in the field. The results of this study conclude that: 1) The application of the Code of Ethics for members of the Police that results in a criminal act will be processed first in a disciplinary hearing due to a dead line or time limit for the implementation of a disciplinary hearing, which is a maximum of 30 (thirty) days as in Article 19 Decree of the National Police Chief No. Pol Kep/44/IX/2004. After the implementation of the disciplinary hearing, a trial will be held within the scope of the general court in accordance with Article 2 of PP NO. 3 of 2003 concerning the Implementation of Technical Institutional General Courts for Members of the Indonesian National Police. 2) The strategy that needs to be taken by the Police to build its image in tackling criminal acts committed by unscrupulous members of the Police is that the Police are able to create familial conditions in providing services to the community and are more responsive.
The Criminal Law Enforcement on the Criminal Act of Employment Arigonnanta Bagus Wicaksono; Bambang Tri Bawono; Jawade Hafidz
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.4.1.124-132

Abstract

The aims of this research are: To find out and analyze the law enforcement of the crime of embezzlement in office. To find out and analyze the factors causing the occurrence of criminal acts of embezzlement in office. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study. The method of data collection is obtained from literature study, then analyzed qualitatively. The result of this research is that the law enforcement of the crime of embezzlement in office is carried out through a penal approach, namely by means of legal remedies. Legal efforts with the penal route focus on repressive actions, namely eradication and crackdown actions to overcome the problem of criminal acts of embezzlement. Legal policies in the effort to enforce criminal law against criminal acts of embezzlement are included in social policies, namely policies or rational efforts in order to achieve public welfare. 
The Law Enforcement on Crime of Motorcycle Theft Hamdani Marsiawan; Sri Endah Wahyuningsih; Bambang Tri Bawono
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.%p

Abstract

The purpose of this research is to discuss the problems: How to Enforce the Criminal Act of Motorcycle Theft and How to Efforts to Combat the Crime of Motorcycle Theft. In this research, the method used was an empirical juridical approach. The conclusion of this study is the Law Enforcement of the Crime of Motorcycle Theft. Criminal was arrested, detained in the detention center by investigators then extended by the Public Prosecutor, so that having read the Decree of the Head of the District Court regarding the Appointment of the Panel of Judges, assembly. The judge determines the day of the trial, examines the case file, other relevant documents, hears the statements of the witnesses and the defendant's statements and pays attention to the evidence submitted at trial, then hears the reading of the criminal charges submitted by the public prosecutor. Efforts to Combat the Crime of Motorcycle Theft by carrying out preventive efforts, namely efforts that are still at the level of prevention before an act occurs by conducting socialization or counseling to the community in order to increase public legal awareness. Provide information to the public in the event of a motorcycle theft crime to immediately report it to the authorities. Repressive efforts when a crime has occurred by taking action against the perpetrators of the crime in accordance with the actions committed. In connection with the prosecution process that has been carried out by the perpetrators, the police have taken legal action in the form of arrests, detentions and the process of delegating cases to court. If the perpetrator is proven guilty, the judge will give a sentence in accordance with the demands of the Public Prosecutor or based on the consideration of the Deliberation of the Panel of Judges to be brought to the Correctional Institution to serve his criminal period.
Criminal Investigation of Motorcycle Stealing Goods Yusril Ilza Amri; Bambang Tri Bawono; Ira Alia Maerani
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 (547.982 KB) | DOI: 10.30659/ldj.3.1.169-174

Abstract

This study aims to identify and analyze the factors that cause the increase in the number of criminal acts of arresting the results of motorcycle theft in the jurisdiction system of the Pati Regency Resort, as well as to identify and analyze the investigative actions carried out by the Pati Regency Police in the conception of law enforcement. This study uses a juridical empirical (sociological) approach. The results showed that there was an increase in criminal acts of detention of the results of motor vehicle theft in the jurisdiction of the Pati Police, including the desire to own a motorized vehicle, the economic condition of the perpetrator, the perpetrator's friendship, low legal knowledge, the intention to help the perpetrator of theft, persuade and lure profits, and in cooperation with many parties. Then the investigation carried out by the Pati Police on the criminal act of arresting a motor vehicle resulting from theft through 4 (four) stages, including: receipt of reports, summons, confiscation, and investigation. The obstacles faced by the Pati Resort Police included: the perpetrator moved from place to place, the perpetrator lost evidence, the lack of public participation, and the difficulty of proving it. Efforts made by the Pati Resort Police include 3 (three) attempts. Pre-emptive efforts are carried out by providing legal counseling to the public regarding criminal acts of theft and detention. Preventive measures are carried out by conducting raids and patrolling locations deemed prone to theft. The last resort.
Implementation Of Disclosure Of Bank Confidentiality In The Effort To Eradicate Money Laundering Crime Mohammad Fadarisman; Bambang Tri Bawono
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 (534.98 KB) | DOI: 10.30659/ldj.3.2.390-398

Abstract

The purpose of this research is to identify and analyze the implementation of bank secrecy disclosure in an effort to eradicate money laundering in the construction of legal certainty and to know and analyze the obstacles faced in the implementation of bank secrecy disclosure in an effort to eradicate money laundering. ) in the perspective of law enforcement. This study uses a sociological juridical approach, which in this case relates to the role of the State Attorney in recovering state financial losses with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of expediency. The results of the study conclude that the eradication of money laundering in Indonesia will not be effective against law enforcers, both the police, prosecutors, and judges who investigate, prosecute, and examine cases of money laundering crimes, but the bank secrecy provisions as referred to in the Banking Law. Meanwhile, the obstacles faced by law enforcement officers in conducting investigations and investigations of money laundering practices are: 1) Weak provisions for bank secrecy, 2) Bank Indonesia secrecy with exceptions that are limitative and bureaucratic are considered as obstacles, 3) Law Enforcement Officials cannot know fully accurate financial information stored in the bank belonging to the suspect or defendant,
Criminal Action of Cosmetics Without License in Conception of Legal Expression Lutfi Anindita; Bambang Tri Bawono
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 (526.019 KB) | DOI: 10.30659/ldj.3.1.148-153

Abstract

The purpose of this study is to determine and analyze the investigator's authority to handle the distribution of cosmetics without a permit in the construction of the legal system. To find out and analyze the implementation of Article 197 in conjunction with Article 106 paragraph (1) subside Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty. The approach method used in the preparation of this legal writing is to use a sociological juridical approach, namely seeing the law as human behavior in society.The specification of this research is descriptive analytical. Based on the results of that research The authorities of investigators to handle the unauthorized distribution of cosmetics in the construction of the legal system include: to receive reports or complaints from someone about the existence of a criminal act; take the first action at the scene; order a suspect to stop and check the suspect's identification; carry out an arrest, detention, search and confiscation; carry out inspection and confiscation of letters; take fingerprints and take a picture of a person; summon people to be heard and examined as suspects or witnesses; bring in the necessary experts in connection with the case examination; to terminate the investigation; take other action according tolaw responsible. Implementation of Article 197 in conjunction with Article 106 paragraph (1) subsidiary to Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty it is very appropriate to receive appropriate punishment because actions are very detrimental to the wider community both from an economic, social, and cultural perspective.
Effectiveness of Performance of Prosecutor's Office in Preventing Corruption Crime after the Team's Disbandment Joko Kris Sriyanto; Bambang Tri Bawono
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 (399.647 KB) | DOI: 10.30659/ldj.2.4.610-618

Abstract

The objectives of this study are: 1. To find out and analyze the effectiveness of performance of Grobogan District Attorney in the context of preventing criminal acts of corruption after the dissolution of Regional Government and Regional Development Guards and Security Team (TP4D) in the construction of legal system. 2. To find out and analyze the obstacles faced by the Grobogan District Attorney in the context of preventing criminal acts of corruption after the dissolution of Regional Government and Regional Development Guards and Security Team (TP4D) and their solutions. The research method used is juridical sociology, which is an approach that studies social phenomena in society with legal aspects. Based on the research, it is concluded that as the implementation of duties of Guards Team, Government Security and Regional Development (TP4D), the Grobogan District Prosecutor's Office remains professional in carrying out its duties in the context of preventing criminal acts of corruption after the dissolution of guard and security team for government and regional development (TP4D) in the construction of a legal system that is right. in a period of 3 (three) years, starting in 2016, 2017, 2018 and 2019, the Team of Guards, Safeguards for Government and Regional Development (TP4D) of Grobogan District Prosecutor's Office has handled corruption crimes, showing an achievement from one of roles. The Attorney General's Office in optimizing the prevention of criminal acts of corruption through the Regional Government and Development Guard and Security Team (TP4D).
The Diversion For Children In Front Of The Law In Traffic Accident Cases Bagus Jatmiko; Bambang Tri Bawono
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 (538.31 KB) | DOI: 10.30659/ldj.3.2.216-222

Abstract

The purpose of this study is to identify and analyze the implementation of diversion in the settlement of traffic accident cases committed by children in the context of legal certainty; knowing and analyzing the obstacles and solutions to the application of diversion in the settlement of traffic accident cases committed by children in the context of law enforcement that leads to restorative justice. This research approach method uses a sociological juridical approach. The conclusion of this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions for children who are in conflict with the law in traffic accident cases should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.
Relevance Of Legal Certainty In Criminal Of Consent In The Eradication Of Corruption Law Haryono Haryono; Bambang Tri Bawono
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 (560.739 KB) | DOI: 10.30659/ldj.3.3.496-504

Abstract

This study aims to analyze and determine the construction of evil consensus in corruption in Indonesia; legal weaknesses in cases of criminal conspiracy in corrupt criminal acts as well as reconstruction of evil conspiracy in criminal acts of corruption based on progressive law. The research uses a sociological juridical approach. Based on the research conducted, it was found the fact that the implementation of law enforcement in cases of conspiracy related to corruption is currently not fair, this is due to the unclear elements in the criminal act of conspiracy in corruption cases so that existing law enforcement is based on political interests, where the authorities will be able to looking for a way out of the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, while parties who do not have the authority to power will not be able to escape the snares of Article 15 of Act No. 31 of 1999 Jo. Act No. 20 of 2001 concerning the Eradication of Corruption Crimes.