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Sri Kusriyah
Fakultas Hukum Universitas Islam Sultan Agung Semarang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Aspects Of The Fiduciary Guarantee Transfer As Decision Basis On Criminal Justice Process Suwanto Suwanto; Sri Kusriyah Kusriyah; Bambang Tri Bawono
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8405

Abstract

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.
Analysis Principles Of Criminal Law In Article 72 Qanun Of Aceh No. 6 Of 2014 On The Jinayat Law Dhanar Dhono Vernandhie; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8350

Abstract

This study describes the applicability of Qanun of Aceh No. 6 of 2014 on the Jinayat law (Qanun of Jinayat) in the order of legislation in Indonesia. Therefore this study to analyze these issues, to examine the legality principle as stated in Article 72 of the Qanun of Jinayat and the rule of law by applying the Qanun of Jinayat. This study uses normative research approach, by analyzing the legal ingredients of primary legal materials, secondary and tertiary. The results and discussion of the research was that Qanun of Jinayat not contrary to the order of Indonesian legislation, both formal legislative process and substantive elements of the rule of law which includes setting legal subjects, actions and sanctions of criminalization. Applicability of Qanun of Jinayat also related to three factors, namely philosophical which is a reflection of the values of the people of Aceh, sociological factors are the result of legal politics of the Government of the Republic of Indonesia and the Free Aceh Movement and the factors juridical is the order of the constitution and legislation that higher. Qanun of Jinayat law enforcement requires the law enforcement agencies, particularly the police for continued and consistent enforcement in order to create legal certainty. Suggestions can be submitted is law enforcement-led policy-making and increased synergies between law enforcement agencies in law enforcement for action based on Qanun of Jinayat Jarimah regulated in Qanun of Jinayat.Keywords: Qanun of Jinayat in Aceh; Legality; Legislation; Law Enforcement. 
The Role of Regional / City Governments in Developing and Supervising Of Village Regulation Adhe Ismail Ananda; Sri Kusriyah
Jurnal Daulat Hukum Vol 3, No 3 (2020): September 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i3.11267

Abstract

The research objective was to identify and analyze the role of district / city government in the guidance and supervision of village regulations. This research method is a normative-empirical approach, by examining Laws and regulations related to the role of district / city local governments in fostering and supervising village regulations with their implementation. The conclusions from the results of this study indicate that in the formation of a Village Regulation, the role of district / city Regional Government is regulated in Article 115 of Act No. 6 of 2014 concerning Villages, one of which is to provide guidelines for drafting village regulations and village head regulations. The technical guidelines for the preparation of village regulations in Kolaka district are regulated in Perda No. 4 of 2009 in its implementation the technical guidelines are still very difficult to adjust to the current conditions due to the issuance of the Law of Permendagri No. 6 of 2014 concerning the Village.Keywords: Coaching; Supervision; Regional Government; Village Regulations; Regent Regulation.
Owner's Responsibilities of Vehicles Used as Illegal Public Transport When Traffic Accidents Happened Hesti Kristi Wahyudi; Sri Kusriyah
Jurnal Daulat Hukum Vol 4, No 1 (2021): March 2021
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v4i1.13693

Abstract

The research objectives to be taken in the intended research plan are as follows: To know and analyzecriminal law construction for owners of vehicles used as public transportation or commercialized. To find out and analyzeconstruction of criminal law is the responsibility of owners of vehicles commercialized as public transportation. To find out and analyzesolution to the problem of responsibility of vehicle owners who commercialize their vehicles illegally when a traffic accident occurs on the highway. The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of that research Construction based on criminal law Act No. 22 of 2009 concerningTraffic and road transportArticle 308 is a sanction for every person driving a public motorized vehicle not equipped with a license to carry out person transportation/not having a route. The construction of liability criminal law is based on Act No. 22 of 2009 concerningTraffic and road transport Article 315 states that when a criminal offense is committed by a Public Transportation Company, the criminal liability is imposed on the Public Transportation Company by adding a maximum fine of 3 (three) times the fines specified in each article and also subject to additional penalties in the form of temporary suspension or revocation transport operating license for the vehicle used.The obstacles: there are no articles in the Road Traffic and Transportation Act No. 22 of 2009 that can be used to ensnare vehicle owners. The solution is to hope that this article will exist so that in the future it can create a deterrent effect for vehicle owners so that they do not go around operating their vehicle without being equipped with existing terms and conditions in accordance with the law and in the future it is also expected to prevent the occurrence of traffic accident victims in large numbers.
Constitution and Constitutionalism of Indonesia Sri Praptini Praptini; Sri Kusriyah Kusriyah; Aryani Witasari
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i1.4149

Abstract

The term constitution comes from a constituer which means to form, that is , the whole of the rules both written and unwritten which regulate in a binding manner the way a government is held in a society. Constitutionalism in the strict sense is that the administration of the government which islimited by the Constitution, in a broad sense, is a set of political values and aspirations that reflect the desire to protect freedom by carrying out internal and external supervision of government power.There are differences and similarities in the four constitutional ions in Indonesia: a) Procedural aspects: only in the 1945 Constitution, as written and unwritten basic law, are flexible and rigid to adopt the supreme constitution, procedures for establishing and forming by the MPR, other written constitutions; RIS by the Constitutional Assembly, 1950 Constitution by the Constituent Assembly; RIS changes to the constitution with the Federal Law while the 1950 Constitution by the Assembly changes the Constitution; b) Substantial aspects, the form of the Unitary state existed in the 1945 Constitution before and after the changes and the 1945 Constitution, while the RIS of union states, all forms of republic government, recognition of human rights, the system of government of the 1945 Constitution before and after quasi presidential and presidential changes, while RIS and The 1950 Constitution of the Republic of Indonesia, the 1945 Constitution before the change of the highest sovereignty holders of the MPR, the RIS by the Government together with the DPR and the Senate, the 1950 Constitution by the Government and Parliament.Keywords: Constitution; Constitutionalism; Indonesian Constitution.
Implementation Of Police Role In Countermeasures Of Traffic Criminal Acts Of Traffic Violations In Efforts To Establish Police Images As Community Guidelines Riyanto Riyanto; Umar Ma'ruf; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i2.9385

Abstract

This study aims to determine the implementation of the role of the police in traffic criminal acts of traffic violations in an effort to build the image of the police as a community protector and inhibiting factors and solutions. The 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 of analysis, crime prevention theory and law enforcement theory are used. The results showed that the implementation of the role of the police in tackling traffic violations in an effort to build the image of the police as a community protector was carried out through preemptive, preventive and repressive efforts. Pre-emptive efforts are carried out through socialization activities whose main purpose is to instill moral values in society to obey the law. Preventive efforts are carried out through operations or patrols to prevent traffic violations. While repressive efforts carried out through actions in the form of reprimands or tickets to violators. Inhibiting factors in implementing the role of the police in tackling traffic violations in an effort to build an image as a community protector are the lack of professionalism of the traffic police, the legal awareness of the community is still low, and there is a culture of lawlessness from the community.Keywords: The Role Of The Police; Criminal Acts; Traffic Violations.
Implementation Of The Police Role In Doing Control And Law Enforcement Against Police In Area Community Organization Indramayu Associated With Act No. 17 In 2013 Jo. Act No. 16 2018 Sunardi Sunardi; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i2.3273

Abstract

In this study the issues to be discussed are: Implementation of the National Police's role in conducting oversight and enforcement of the law against Society. Any barriers faced by the police in doing supervision and enforcement of the law against Social Organization. Police made solutions in overcoming these obstacles above. The methodology used by researchers is the approach empirical juridical, as for sources and types of data in this study are primary data obtained from field studies withway direct communication with the respondent or informant (CJS), And secondary data obtained from the study of literature. Based on the results of research that: the application of the national police role Indramayu in conducting oversight and enforcement of the law against Social Organization that efforts emptive, ie policing effort in order to provide guidance to the public through the development activities of the community that runs from the function Unit Binmas, such as providing information to the public, placement Bhabinkamtibmas in every village one member the Police; Barriers faced is insufficient budget for operations; In the displacement of the secretariat of CBOs, CSOs are rarely reported to the Police Indramayu; Shortage of Human Resources in terms of the establishment of the superintendent; Solutions to overcome these obstaclesthat Bakesbangpol only as a facilitator who records a list of community organizations and in coordination with the central government, while the direct supervision of the CSOs do not have the authority expressly in supervision, coaching, and dissolution of CSOs. Keywords: Implementation; Monitoring; Enforcement; Community Organizations.
Implementation Of Fully Required Elements In The Crime Of Planning Murder (Case Study In Blora State Court) Beno Beno; Gunarto Gunarto; Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8404

Abstract

In principle, ordinary killings are different from premeditated killings, in terms of actions that kill the lives of others, but some are carried out in a timeframe, structured and planned. In this research, the formulation of the problem formed is how is the implementation of the requirements for the fulfillment of elements in criminal acts of premeditated murder? And what are the obstacles in deciding the case of premeditated murder in the Blora State Court In the research carried out, the writing uses a sociological juridical approach, that is research that uses the method of approach to the problem by looking at the norms or laws that apply and see the implementation of the facts contained in the field. The results of the study as an answer to the formulation of the problem are (1) The element with the first plan is not a form of deliberate but in the form of how to form intentions / Opzet which has 3 conditions namely the Opzet was formed after being planned in advance, after people planned (Opzet) in advance, and planning the implementation of the "Opzet" requires a rather long period of time. (2) The obstacles of the judge in prosecuting the perpetrators of the crime of planned murder come from internal and external factors.Keywords: Fulfilled Requirements; Elements of Criminal Acts; Planned Murder.
THE HUMAN RIGHTS PROTECTION IN THE ECONOMIC AFFAIRS OF INDONESIA Siti Rodhiyah Dwi Istinah; Sri Kusriyah; Rakhmat Bowo Suharto
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.12824

Abstract

The purpose of this study is to analyze and explain the protection of human rights in the economic sector for citizens to be able to enjoy a socially just economic development as well as to analyze and explain the challenges and obstacles in protecting human rights in the economic sector in an effort to realize social justice in the Constitution 1945. important in the constitution which gave birth to the concept of protecting human rights in the economic sector, which was initiated by the founding fathers, regarding Indonesian socialism. Hatta's idea was in line with Soekarno's thinking as "Indonesian-style socialism" which was adapted to Indonesian conditions. Qualitative research with normative juridical research type with secondary data by means of literature study. The conclusions of this study are 1) so far regulations have not provided much protection for human rights in the economic field, because they are against the principles of economic democracy in Article 33 of the Constitution 1945, so that the interests of citizens are marginalized. 2) regulations so far have more accommodated the principles adhered to by developed countries, the emergence of the era of liberalization, world trade without protection and without obstacles, will increase the level of trade competition among economic actors in Indonesia.
The Termination of Middle Criminal Prosecutions based on Restorative Justice Darma Rejekinta Sembiring; Sri Kusriyah; Peni Rinda Listyawati
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.4.1.142-153

Abstract

The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).
Co-Authors Achmad Sulchan Ahmad Rifa’i Aluysius Sutikna Angga Dwi Arifian Aryani Witasari Asep Iswahyudi Rachman Bagus Gani Setiana Bambang Tri Bawono Beno Beno Carolina Da Cruz Darma Rejekinta Sembiring Dhanar Dhono Vernandhie Drajat Prasetiyawan Dwi Anas Rudiyantoro Gunarto Gunarto Hesti Kristi Wahyudi Iskhaq Iskhaq Iwan Setiyadi Jehan Fuliza Ahmad Kusfitono Kusfitono Luhur Supriyohadi Lutter Ariestino Muhammad Abu Aksan Muhammad Adib Muhammad Mahson Muhammad Zubaidi Mujahid Mujahid Peni Rinda Listyawati R. Ayu Miya Ratih Ardhya Garini Rakhmat Bowo Suharto Rio Tumiyadi Maulana Risqi Akbar Riyanto Riyanto Rizky Dindah Saputri Rohadi Rohadi Rusliana Rusliana Saptanti Lastari Sarpan Sarpan Siti Rodhiyah Dwi Istinah Siti Rodhiyah Dwi Istinah Sri Endah Wahyuningsih Sri Praptini Praptini Sufi Hamdani Kurniawan Sumaryono Sumaryono Sunardi Sunardi Suwanto Suwanto Tafta Aji Prihandono Umar Ma'ruf Umar Ma’ruf Widayati Widayati Widayati Widayati Widayati Widayati Widya Pratiwi Asmara Winanto Winanto Zaenul Arifin Zahri Aeniwati