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All Journal Pembaharuan Hukum International Journal of Law Reconstruction
Indah Setyowati
Sultan Agung Islamic university
Law, Crime, Criminology & Criminal Justice Other

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LEGAL ANALYSIS OF THE REJECTION REGISTRATION INTERFAITH MARRIAGES Peni Rinda Listyawati; Indah Setyowati; Latifah Hanim
International Journal of Law Reconstruction Vol 4, No 2 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i2.11265

Abstract

The purpose of this journal is to find out about the problem of the legal position of interfaith marriage which shows that interfaith marriage is prohibited or normatively not regulated and is not recognized by the state and cannot be registered based on positive law. Research method uses a normative juridical approach, secondary data types, data collection methods that are carried out by literature, and the internet. While the data analysis method was analyzed descriptively qualitatively. The research results obtained indicate that the legal provisions of marriage, either express or implicitly, do not regulate the granting of marriage between followers of different religions. This is because marriage is prohibited between two people who have a relationship which by their religion or other regulations prohibited from marriage does not mean that the provisions in Islam prohibit interfaith marriage, so interfaith marriage is prohibited so that marriages that are carried out under religious law are not legitimate.
JURIDICAL STUDIES AGAINST DIVERSION IN CRIMINAL JUSTICE SYSTEM Indah Setyowati; Ida Musofiana
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.v6i2.8211

Abstract

The diversion provisions in the juvenile justice system law whether it has prevented children from the negative effects of the Criminal Justice System. By the way, all children who have problems with the law put the best interests of the child. The method of approach is the statutory approach and the comparative approach. Primary, secondary and tertiary legal materials obtained by the author will be analyzed using the method of systematic interpretation, namely interpretation by looking at the relationship between the rules in an interdependent law.The result, diversion is a settlement of child cases that are carried out outside formal justice with the aim of preventing children from stigmatizing children who are dealing with the law must be in accordance with the purpose of diversion in The Beijing Rules. Whereas in Indonesia, the diversion provisions in the Criminal Justice System Act of the Child are still included in the criminal justice system by giving stronger stigmatization to children who are in conflict with the law and so it is not in accordance with the purpose of diversion in The Beijing Rules. So the diversion provisions in the Child Criminal Justice System Law do not yet reflect the principle of child protection as mandated by the Child Protection Act and the Child Criminal Justice System Law. Where the diversion in the Child Criminal Justice System Law has not fully mandated the principle of the best interests of children viewed from the perspective of child protection, with a view of all issues by placing the child's position as first and foremost.
POLICE ROLE IN IDENTIFYING FINGERPRINT BUSINESS CRIME (Studies in the Central Java Police) Indah Setyowati; Ika Setya Arini
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3746

Abstract

Fingerprint identification is a technical assistance Police and plays an important role in proving the identity of the perpetrators of criminal acts, able to support a rapid, precise and accurate and to improve the effectiveness and efficiency in law enforcement. This study aims to determine the role of the police in the process of identifying fingerprint to uncover the perpetrators of criminal acts and to identify constraints as a barrier to the implementation of the process of identifying fingerprints by the police to uncover the perpetrators of criminal acts. This study uses empirical juridical approach to analyze the problem by combining the juridical aspect is legislation that was secondary data and empirical aspects by conducting interviews and observations at the site of research is the primary data. Results showed that: 1. The Role of the Police in identifying the perpetrator Crime Fingerprint carried out in several stages conducted by the Criminal dactyloscopy field dactyloscopy Unit (Daktikrim) under Section Identification Ditreskrimum Central Java Regional Police, in charge of the formulation, examination, comparison of equation fingerprint to reveal the identity of the offender. 2. Obstacles that Being inhibitors in Implementing Fingerprint Identification Process by the Police for Revealing Actors Crime: a. Constraints of the Police (Internal constraints) b. Constraints from outside the Police (External constraints).
SANCTIONS POLICY IN THE INDONESIAN ACT. NO. 35 OF 2009 ON NARCOTICS Indah Setyowati
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i1.3022

Abstract

Law is a legitimate product that is issued by the government / state is defined as a rule that should be known by the people or the public anywhere in the territory. The Act of the Republic of Indonesia Number 35 of 2009 on Narcotics is the latest drug laws supersede previous laws. Sanctions policy in this legislation is seen using a double track system which means that the policy of sanctions to use two-lane system is a criminal path for all the prohibited acts and course of action for users / abusers. While the sanctions policy are the following types may be criminal sanctions in principal and additional criminal, criminal sanctions are generally threatened by cumulation ie for example imprisonment with penalty, No weighting towards certain crimes when committed in an organized with conspiracy and carried out by the corporation and recidive. Experiment with a criminal offense the penalty is equal to committing a crime.
Co-Authors Ida Musofiana Ika Setya Arini Latifah Hanim Peni Rinda Listyawati