Articles
<![CDATA[REFORMATION OF LAW ENFORCEMENT OF CYBER CRIME IN INDONESIA ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i3.9633
<![CDATA[Technological progress and the presence of globalization in third world countries including Indonesia has a variety of consequences, this includes the negative impact of increasing cybercrime in Indonesia. Increasing cybercrime in the community with a variety of increasingly sophisticated modus operandi, in reality, is not balanced by the existence of a comprehensive legal umbrella, and also the absence of adequate facilities and pre-facilities is a separate issue in the enforcement of cybercrime cases in a dynamic society. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. so it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and pre-facilities related to law enforcement in cybercrime. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. So it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and facilities related to law enforcement in cybercrime.]]>
<![CDATA[The Juridical Analysis of Criminal Responsibility Performer on Children ]]>
<![CDATA[Aris Munandar Pamungkas]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.1-8
<![CDATA[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.]]>
<![CDATA[The Implementation of Code of Conduct for Members of Police as Accurators of Murder ]]>
<![CDATA[Julizar Bimo Perdana Suka]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Andri Winjaya Laksana]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[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.]]>
<![CDATA[The Criminal Law Enforcement on the Criminal Act of Employment ]]>
<![CDATA[Arigonnanta Bagus Wicaksono]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Law Development Journal Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.1.124-132
<![CDATA[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. ]]>
<![CDATA[The Law Enforcement on Crime of Motorcycle Theft ]]>
<![CDATA[Hamdani Marsiawan]]>;
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[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.]]>
<![CDATA[Implementation Analysis of Changes in Building Use Rights for Residential Houses Encumbered with Mortgage into Ownership ]]>
<![CDATA[Ahmad Rizal Qomaruddin]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Denny Suwondo]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.1.136-147
<![CDATA[This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descriptive analytical, which describes the applicable laws and regulations associated with legal theories and practices of implementing positive law regarding these problems. Based on the results of the study obtained the results: 1) The implementation of the change of building use rights on land for residential houses into ownership rights that are encumbered with mortgage rights, namely starting from the Applicant must first obtain written permission from the Bank holding mortgage rights, that there will be changes to rights, namely building use rights will be upgraded to property rights. After receiving from the bank, the applicant or his proxies submits a request to change the Right to Build on the land for a residential house that is being encumbered with a Mortgage into a Property Right at the Land Office of Semarang City by bringing all the requirements, after verification, the application file is forwarded to the data processing officer, the abolition of the Building Use Right and the abolition of the Mortgage Right concerned in the land book and certificate as well as other general registers as well as recording the Ownership Rights on the land of the former Building Use Rights by mentioning the decision on which the ownership rights were based. 2) The legal consequence of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights is the nullification of the right to use the building to become property rights. However, the abolition of the right to use the building does not result in the abolition of the guaranteed debt. This is in accordance with the nature of the agreement for granting Mortgage, namely as a complementary agreement (accessoir), Article 10 paragraph (1) UUHT.]]>
<![CDATA[Application on Power of Sale Deed based on Deed Recognition of Debt by A Notary Position ]]>
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.2.284-293
<![CDATA[This study aims to determine and analyze the legal application of the selling power of attorney can still be based on the debt acknowledgment deed related to Decision Number 41/Pdt.G/2020/PN.Kdi. The research method used normative juridical approach with descriptive analytical research specifications. The types and sources of data in this study are secondary data consisting of: a. Primary Legal Materials; b. Secondary Legal Materials; c. Tertiary Legal Materials. Methods of collecting data through the Study of Literature and Documentation. While the data analysis method is a qualitative analysis method. The results of this study indicate that the application of the law to the deed of power of attorney in Decision Number 41/Pdt.G/2020/PN. Kdi can still be based on the deed of acknowledgment of debt because the deed is not absolute with Article 1813 jo. Article 1814 of the Civil Code concerning the termination of the power of attorney. The absolute nature of the power granted will have legal force if it explicitly contains the expression that what the plaintiff is empowered to do contains the phrase "irrevocable".]]>
<![CDATA[Effectiveness of Legal Protection on Heirs in Dispute on Sale and Purchase of Inherited Land ]]>
<![CDATA[Muhammad Rizky Eka Pratama]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Amin Purnawan]]>;
<![CDATA[R. Sugiharto]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.1.11-21
<![CDATA[The purpose of this study is to find out and analyze: 1) The legal consequences of a dispute over the sale and purchase of inherited land without the consent of the heirs. 2) The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya. The approach method used in this study is an empirical juridical approach. The specification of the research used is descriptive analytical research. This type of data uses primary and secondary data. The data analysis method used qualitative data analysis. The results of the study concluded: 1) The legal consequences of the dispute over the sale and purchase of inheritance land without the consent of the heirs are that the land is sold by people who are not entitled to sell it (because those who now hold ownership rights to the land are the heirs), therefore the sale and purchase cancelled. As a result of the law with the cancellation of the sale and purchase, the sale and purchase is considered to have never existed, and each party is returned to its original state before the "sale and purchase" event occurred, in which the ownership rights to the land remain with the heirs. This is in accordance with Article 1471 of the Civil Code which explains that buying and selling other people's goods is void, and can provide a basis for reimbursement of costs, losses and interest, if the buyer does not already know that the goods belong to someone else. 2). The effectiveness of legal protection for heirs in disputes over the sale and purchase of inheritance land against the law in Surabaya, namely considering that there are still disputes over the sale and purchase of inherited land, the effectiveness of legal protection for heirs in Surabaya needs to be increased through socialization from the Land Agency (BPN) to the public, especially experts. heirs to register their inheritance land with BPN, as an effort to provide protection to heirs in order to avoid inheritance rights disputes which must be carried out against the law where the result of an unlawful act is loss. Efforts to protect the law on disputes over the sale and purchase of inherited land without the consent and knowledge of the heirs, the legal heirs or holders of legal property rights over the inherited land can file a lawsuit to the Court.]]>
<![CDATA[The Gap Liability of Substitute Notary on the Authentic Deed which is Made based on the Terms of Notary Position ]]>
<![CDATA[Danang Sanjaya]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Widayati Widayati]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022 ]]>
Publisher : <![CDATA[Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.4.1.241-156
<![CDATA[This study aims to identify and analyze an authentic deed made by a substitute notary has the same power as perfect evidence as made by a notary official, to know and analyze the concept of a substitute notary so that the authentic deed product meets the requirements as perfect evidence like a notary official, and to find out and analyze examples of substitute notarial deeds. The research approach method used in this thesis is a normative juridical law research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Civil Code; and secondary data containing books, journals and other supporting documents. Collecting research data with techniques literature, laws, government regulations, and regulations under the law, journals, scholarly opinions, and legal cases. The data analysis method used in analyzing the data is a qualitative analysis of the interactive model. The results show that the authentic deed made by the substitute notary has a procedure regarding the provisions, the conditions that must be carried out since the notary official takes leave and the Minister of Law and Human Rights gives a letter of appointment of a substitute notary.]]>
<![CDATA[Criminal Investigation of Motorcycle Stealing Goods ]]>
<![CDATA[Yusril Ilza Amri]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.169-174
<![CDATA[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.]]>
