Articles
<![CDATA[The Legal Policy on Traffic Breaches by Children Under Age/Minors ]]>
<![CDATA[Wahyu Lurus Stiyo Budi]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i4.12896
<![CDATA[This study aims to explain the law enforcement mechanism against traffic violations by minors. To explain the implementation of law enforcement in relation to a sense of justice for the parties concerned. This study uses a normative juridical approach. This type of research is a case/field research. Case/field research is research that aims to study intensively the background of the current state and the environmental interactions of an object. So that analysis and facts can be obtained carefully, thoroughly, and clearly about the process of resolving cases of traffic violations against minors. The results showed that law enforcement against traffic violations by minors, namely through diversion, namely at the level of investigation, prosecution, and examination of cases of children in district courts must be pursued by Diversion, provided that the criminal act is committed; Is threatened with imprisonment for a maximum of 7 (seven) years and does not constitute a repeat offense. The criminal sanctions that are applied to traffic violations of minors, namely the judge's decision based on Act No. 3 of 1997 in the Juvenile Criminal Justice System Bill in the form of crimes or actions. the perpetrator is still subject to punishment for the incident through the applicable procedures according to the Juvenile Criminal Court Law.]]>
<![CDATA[Application of Restorative Justice to Solution of Traffic Accidents ]]>
<![CDATA[Iman Faturrahman]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v4i1.13881
<![CDATA[The purpose of this research is to find out and analyze the Application of Restorative Justice to the Resolution of Traffic Accidents. To know and analyze the ideal justice regulations in the application of Restorative Justice on Traffic Accident Settlement. In this study, the approach method used is the sociological juridical approach method. The result of this research is the application of Restorative Justice to the Resolution of Traffic Accidents has often been done by the police, especially traffic accidents and the most common is family group conferencing, because in this case this application is more active where the whole family both the victim and the perpetrator have met in a legal solution to the problem.]]>
<![CDATA[Judicial Activism In Criminal Case To Ensure The Human Rights Upholding (Study In State Court Of Semarang) ]]>
<![CDATA[Wilmar Ibni Rusydan]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i4.8347
<![CDATA[The purpose of this study was to describe, assess, and analyze as to what the underlying factors in implementing the Judge on Judicial Activism practice in criminal cases in order to ensure the upholding of human rights, then any obstacles encountered and solutions that were presented.This study uses a sociological juridical approach to research is descriptive analytical specifications. The data used are secondary data obtained through library research and primary data obtained through field research then analyzed qualitative use Progressive Legal Theory and Theory of Freedom and Discovery Law of Judge (Rechstvinding).The results of this study are: 1) Judge's decision to apply for Judicial Activism in criminal cases at least consider several factors, including legal developments always follow people who move quickly, in addition to the Act or other regulations are not always equipped to solve a legal case concretely, and also some other factors; 2) Obstacles that arise in practice Judicial Activism in criminal cases are divided into two (2) factors, namely the internal source of personality and emotionality judges themselves, then external factors relating to the legal system of a country.Keywords: Judicial Activism; Criminal Case; Judge; Human Rights.]]>
<![CDATA[Criminal Aspects Of The Fiduciary Guarantee Transfer As Decision Basis On Criminal Justice Process ]]>
<![CDATA[Suwanto Suwanto]]>;
<![CDATA[Sri Kusriyah Kusriyah]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8405
<![CDATA[The research problems are: What is the criminal aspect to the transfer that occurred on fiduciary as the basis for the decision in the court proceedings? The approach used in this research is normative juridical approach or the written law (law/statute approach), This approach is also known by the literature approach, namely by studying books-books, legislation and other documents related to this research. The study concluded that the diversion of the object fiduciary by the debtor without the consent from creditors including activities that violate the rights of creditors as the recipient of fiduciary protected by the Fiduciary Law, specifically Article 36 of Act No. 42 Of 1999 On Fiduciary.Keywords: Criminal Aspects; Fiduciary Guarantee Transfer; Criminal Justice.]]>
<![CDATA[Application Of Act No. 22 Of 2009 As A Traffic Accidents Countermeasures Management In The Blora Police Law Area ]]>
<![CDATA[Preliyanto Puji Utomo]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i2.9373
<![CDATA[The problems discussed in this study are efforts to tackle traffic accidents by law enforcers in the Blora Police Law Area and the application of Act No. 22 Of 2009 On Road Traffic and Transportation to accident rates in the Blora Police Law Area. The approach method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and library studies. The data analysis method uses qualitative analysis. As a knife analysis, crime prevention theory and law enforcement theory are used. The results of the research show that the handling of traffic accidents by law enforcers in the Blora Police Law Area is carried out through preventive and repressive measures. Preventive efforts are carried out through routine patrol activities, zebra operations, counseling at schools and in the community and installing biilboard warning signs in accident-prone areas. The repressive effort is carried out through a series of investigative actions against traffic accidents which are guided by applicable laws and regulations. The application of Act No. 22 Of 2009 On Traffic and Road Transportation towards accident rates in the Blora Police Law Area is not optimal. The accident rate is still relatively high from year to year despite various efforts have been carried out. This is due to the lack of public awareness and legal culture of the community which does not support the programs implemented by the Blora Police Law Area in reducing the level of traffic accidents.Keywords: Implementation; Countermeasures; Traffic Accidents.]]>
<![CDATA[The Efforts to Prevent & Eradicate Criminal Acts of Spreading Fake News and Hate Speech ]]>
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v5i1.20205
<![CDATA[The purpose of this study was to identify and analyze efforts to prevent and eradicate the crime of spreading fake news in the community and to identify and analyze law enforcement against Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. Advances in technology have had many impacts on people's lives, including in terms of information and social interaction in society. The absence of boundaries in cyberspace often makes someone less wise in using social media on the internet. One of them can be seen in the issue of spreading fake news. The approach method used in this research is a sociological juridical approach. The results of this study indicate that efforts to prevent criminal acts of spreading fake news can be done through digital literacy and do not share or broadcast in cyberspace, unless the truth is known. Meanwhile, the repressive efforts made by the government against the crime of spreading fake news are the existence of the criminal provisions of Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. The novelty of this study is for law enforcement against the crime of spreading fake news starting from investigation, prosecution, examination of court trials to court decisions.]]>
<![CDATA[Restorative Justice Approach in Diversion System for Settlement of Criminal Cases for Children in Indonesia ]]>
<![CDATA[Sarwadi Sarwadi]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i4.13145
<![CDATA[This article aims to find out the general concept of restorative justice for children and to analyze the concept of restorative justice through the diversion system in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System for the settlement of child criminal cases in Indonesia. In certain cases, children who are perpetrators of criminal acts are of particular concern to law enforcement officials. Therefore, various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. Efforts to prevent and overcome children in conflict with the law today are through the implementation of a juvenile criminal justice system. To carry out guidance and provide protection for children, support is needed, both concerning institutions and more adequate legal instruments. One solution that can be taken in solving cases of juvenile crime is a diversion system. Diversion is not a peaceful effort but a form of punishment against children who are in conflict with the law in an informal way. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts.]]>
<![CDATA[Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ]]>
<![CDATA[Dudu Wawan Setiawan]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i4.8434
<![CDATA[The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.]]>
<![CDATA[RECONSTRUCTION OF DECISION BAPEPAM-LK NO. 412/BL/2010 CONCERNING ON THE TRUSTEE CONTRACT ]]>
<![CDATA[Elvira Fitriyani Pakpahan]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Azharuddin Azharuddin]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i3.3744
<![CDATA[The purpose of this study reconstructs Bapepam-LK's decision number 412 / BL / 2010concerning the trustee contract refers to specific provisions on guarantees stipulated byBapepam / FSA as in item 4 letter E which is still too common. Conditions of bail innumber 4 letter E Bapepam Decree 412 is only limited provision of information, not anecessity. Password Security (if any) does not provide legal certainty for investorsobligations in case of default. With juridical sociological research methods. The theoryused to analyze the theory of justice that is dignified, then research the reconstruction of the law done by changing the special provisions Bapepam's Decision No. 412 in number 4 letter E on collateral (if any) by removing / deleting the words in brackets (if any), caused not show the certainty justice and dignity justice.]]>
<![CDATA[THE STRATEGY FOR HANDLING CORRUPTION’S CRIMINAL ACTION RELATIONSHIP TO SAVING OF STATE FINANCIAL LOSSES ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v7i3.13357
<![CDATA[The massive amount of corruption that has occurred so far is closely related to the increase in state financial losses. Even though there are regulations regarding additional penalties in the form of compensation money as regulated in Article 18 of the Corruption Crime Law, the existence of this provision has not been able to return the overall state financial losses, even the total state financial losses with those saved have a significant difference. Based on this, this study examines the factors that cause state financial losses in the criminal act of corruption. Apart from that, strategies must be taken to recover from losses to state finances. The research method used in this research is library research with a normative juridical approach. The results of this study indicate that the provision of additional penalties in the form of replacement money as contained in Article 18 of the Corruption Eradication Law is basically suitable for recovering state financial losses. It's just that, the existence of such additional crimes because it is accompanied by law enforcement with a retributive justice approach which results in the crime of substitute money which cannot recover state financial losses, because the retributive justice approach requires expensive costs.]]>
