Articles
<![CDATA[Handling Domestic Violence Through Mediation Out of Court ]]>
<![CDATA[Muhammad Mahson]]>;
<![CDATA[Sri Kusriyah]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![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.4.1.99-107
<![CDATA[This study was structured to determine the settlement of cases of domestic violence in the city of Pekalongan. This aims to determine the approach to mediation outside the court in the settlement of domestic violence as an alternative. It also analyzes the obstacles in solving cases and their solutions. Method The approach in this study is a qualitative research that produces descriptive data in the form of written or spoken words from people and observable behavior. The specification of this research is descriptive qualitative which analyzes and presents facts systematically to determine the psychological condition of women and children victims of domestic violence. This study concludes that domestic violence in the city of Pekalongan is more experienced by women who are a wife, while the perpetrators are dominated by men who are husbands. Settlement according to state law regulated in the Law on the Elimination of Domestic Violence, it is necessary to find an alternative solution. The settlement through out-of-court mediation with the Pekalongan City Women, Children and Youth Protection Institute (LP PAR) as a companion is an alternative solution as an effort to restore good name, and dignity, especially for women as victims.]]>
<![CDATA[Requirements Effectiveness to Obtain License C (SIM) in Pressing of Traffic Accidents ]]>
<![CDATA[Sarpan Sarpan]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.287-293
<![CDATA[This study aims to determine and analyze the effectiveness of reducing traffic accidents in Purworejo by encouraging children aged 17 years to have a license C, and to reduce traffic accidents seen from Article 81 paragraph (2) letter A of Act No. 2 Of 2009. Methods approach used in this study is a sociological juridical approach. The research specification is descriptive analytical. In this research, the analysis used is qualitative analysis. The results of this study are: 1) The effectiveness of the 17 year age setting as a condition of obtaining a Class C Driving License (SIM C) in order to reduce traffic accidents in Purworejo has been effective, because teenagers who have a license C can better understand the procedures for driving a motorized vehicle on the highway and obey more traffic rules. According to the examiner, the age limit of 17 years to obtain a license C is not suitable in order to reduce traffic accidents. There is no need to change the age limit of 17 years, only to be tightened in testing the license so that the quality of the license better reflects the driver's competence. 2) The role of the police in reducing traffic accidents, seen from Article 81 Paragraph 2 Letter A of Act No. 22 Of 2009, is sufficiently good in its implementation and ideal as well as the application of sanctions given to perpetrators of road accidents on a regular basis.]]>
<![CDATA[The Criminal Sanctions In The Object Transfer Crime On Fiduciary Guarantee By Debtor ]]>
<![CDATA[Drajat Prasetiyawan]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.248-260
<![CDATA[This study aims to determine and examine the criminal sanctions in the criminal act of transferring the object of fiduciary security by the debtor. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are that criminal sanctions in the criminal act of transferring the object of fiduciary security by debtors are regulated in Article 36 of Act No. 42 of 1999. Article 36 of Act No. 42 of 1999 has similarities with Article 372 of the Criminal Code regarding embezzlement. The provisions of Article 36 of Act No. 42 of 1999 contain a penalty of 2 (two) years and a maximum fine of IDR 50,000,000 (fifty million rupiah).]]>
<![CDATA[Preparation Of Village Government Personnel Implement Village Autonomy ]]>
<![CDATA[Jehan Fuliza Ahmad]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.91-96
<![CDATA[This research raises problems regarding the readiness of village government officials in implementing village autonomy, to find out what obstacles they face in its implementation and solutions in dealing with problems faced. This study used a sociological juridical research method with descriptive research specifications. This research was conducted by direct research in Galih Village. With data sources derived from primary data and secondary data, and data analysis used is descriptive qualitative data collection techniques by means of interviews and document study. This study conducted interviews at the Galih Village Hall Office. From this research, it was found that the village government apparatus of Galih played a role as maker and implementer of autonomy in Galih Village, including making work programs that were taken from the aspirations of the village community. In implementing autonomy in the village, the problems of human resources and operational funds are obstacles experienced by the Galih Village government apparatus, with these problems the Galih Village government apparatus conducts training to add insight to village officials and manage village finances for unexpected events. From this research it can be concluded that the implementation of autonomy in Galih Village has been running according to Act No. 6 of 2014.]]>
<![CDATA[Police Discretion Policy In Handling Middle/Minor Crimes (Tipiring) Based On Justice Value ]]>
<![CDATA[Saptanti Lastari]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.579-586
<![CDATA[The purpose of this study is to analyze the police discretionary policy in handling minor crimes (Tipiring) not based on the value of justice, analyze the constraints of the police discretionary policy in handling minor crimes (Tipiring) at this time and analyze the police discretionary policy in handling criminal acts (Tipiring) in the future. This study uses a sociological juridical approach, with analytical descriptive research methods. 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 the operation of law. The results of the study conclude that discretion is a police action that must be accounted for based on applicable laws and norms, police discretion is very vulnerable to irregularities and abuse so it needs to be given limits and supervision, so it can be said that it is not fair. Constraints on police discretionary policy in handling minor crimes consist of internal constraints and external constraints on the part of the police. The ideal policy of the Police's discretion in handling minor crimes (Tipiring) is: a) Not against a rule of law. b) In line with legal obligations that require an official action to be taken. c) The action must be appropriate and reasonable and included in the environment of his office, on appropriate considerations based on compelling circumstances, respecting human rights]]>
<![CDATA[Law Enforcement Of Narcotics Laws ]]>
<![CDATA[Asep Iswahyudi Rachman]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.139-145
<![CDATA[This study aims to explore the law enforcement of the Republic of Indonesia Act No. 35 of 2009 on Narcotics by the Directorate of Drug Research at the Central Java Regional Police. An empirical juridical approach is used to study the phenomena that are the focus of research. Data collection techniques using data reduction, data presentation, triangulation and drawing conclusions. The results showed that the narcotics crime in the jurisdiction of the Central Java Regional Police was already at an unsettling stage and not only involved the adult group, but also touched teenagers and children. Law enforcement of Act No. 35 of 2009 concerning Narcotics" by the Central Java Regional Police's Narcotics Research Directorate is carried out by penal and non-penal. In the effort to enforce the law enforcement by means of the implementation of the Narcotics Law, there are still problems related to "defining the Chapter General Provisions of Act No. 35 of 2009 concerning" Narcotics. In defining "in the Chapter General Provisions of Act No. 35 of 2009 concerning Narcotics in its implementation it has an impact on the handling of narcotics addicts, narcotics abuse and victims of narcotics abuse with the dealers or dealers" of narcotics. The inhibiting factors in enforcing Act No. 35 of 2009 concerning Narcotics by" the Directorate of Drug Research at the Central Java Regional Police are the imbalance in the number of personnel / resources of the Central Java Regional Police's Narcotics Diresnarkoba with inadequate areas, facilities and infrastructure, especially technology-related facilities. (IT), and most importantly the low level of public awareness of the dangers of narcotics.]]>
<![CDATA[Mechanism for Handling of Criminal Action Prohibiting the Use of Land Without Permission ]]>
<![CDATA[Dwi Anas Rudiyantoro]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 2, No 4 (2020): December 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.4.519-525
<![CDATA[The aim of this research is; to find out and analyze the mechanism for handling criminal cases prohibiting the use of land without a permit. Toknow and analyze obstacles in handling criminal cases prohibiting the use of land without a permit. To know and analyze solution to overcome the problem of handling criminal cases prohibiting the use of land without a permit. This study uses a sociological juridical approach, with descriptive analytical research specifications. The results of this study are the mechanism for handling criminal cases prohibiting the use of land without a permit contains the procedures and procedures for handling, terminating and settling Police Reports up to the District Court level. Constraints, namely: a) Limited police investigator personnel. b) Lack of facilities and facilities. c) Lack of police expertise in handling criminal cases of land grabbing. d) Difficulty in calling witnesses. e) Difficulty finding expert information. f) The old reporting party reports to the police after the crime has occurred. The solution is a) Adding personnel to the investigation team at the Cirebon City Police Reskrim Unit I. b) Conducting a coordination relationship between the Cirebon City Police and the Cirebon City National Land Agency. c) Conduct a search for heirs and visit the witness's domicile.]]>
<![CDATA[The Investigation on Criminal Acts of Corruption in the Jurisdiction of Rembang Police ]]>
<![CDATA[Angga Dwi Arifian]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.460-466
<![CDATA[This study aims to identify and analyze the investigation of criminal acts of corruption in the Rembang Police Legal Area and the obstacles in investigating corruption crimes in the Rembang Pores jurisdiction and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results showed that the investigation of criminal acts of corruption in the jurisdiction of the Rembang Police was carried out in accordance with the provisions of the Criminal Procedure Code through several stages, namely collecting evidence, determining the suspect, examining witnesses and suspects and finally submitting the investigation file, suspects and evidence to the public prosecutor. In the investigation process there are several obstacles faced, namely the length of the process of collecting evidence, the suspect providing convoluted information, returning the case file by the public prosecutor.]]>
<![CDATA[Implementation Restorative Justice in Criminal Cases at Investigation Level ]]>
<![CDATA[Mujahid Mujahid]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.216-224
<![CDATA[The objectives of this study are: 1. To analyze implementation restorative justice in the settlement of criminal cases at the investigation level at the Pati Police Resort at this time. 2. To analyze the constraints that arise in implementation restorative justice in the settlement of criminal cases at the investigation level at the Pati Police. 3. To analyze restorative justice in the settlement of criminal cases at the investigation level at the Pati Police in the future. The research method used is juridical empirical. Types / Specifications of Research, Types of Data and Data Sources, Data Collection Methods, Data Analysis Methods. Research results and discussion: Handling of criminal cases by the Police (investigators) at the Criminal Investigation Unit of the Pati Police with criteria including the category of criminal offenses punishable by criminal sanctions of up to 1 (one) year must be prioritized to apply diversion, criminal acts subject to sanctions. a sentence of more than 1 (one) year to 5 (five) years of the Pati Police Criminal Investigation Unit is carried out with the criteria, among others, considering the law enforcement process in accordance with the applicable positive law and if the settlement is through restorative justice. The use of restorative justice by the police in solving criminal cases at the level of future investigations can represent a logical step in public service and general case handling reform. This contributes to improved community police relations. New participatory programs can encourage a form of direct accountability to the communities they serve. Police officers can apply the principles of restorative justice to develop sustainable collaborative partnerships with the community.]]>
<![CDATA[The Role of Advocates in Assisting the the accused of the Crime of Embezzlement of Complete Systematic Land Registration Fees (PTSL) ]]>
<![CDATA[Muhammad Abu Aksan]]>;
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Law Development Journal Vol 2, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.3.353-359
<![CDATA[This study aims to determine the role of advocates in assisting defendants in complete systematic land registration fee embezzlement (PTSL), inhibiting factors. This research method uses an empirical juridical approach. The conclusion of this study is the role of advocates in assisting the accused of embezzling the complete systematic land registration fee (PTSL) at the Pati District Court, Decision Number: 13 / Pid.B / 2020 / Pn Pti, with the defendant I Subronto, S.Pd . Bin Ngaseri, Defendant II Muh. Gufron Bin Ahmadi, therefore, was sentenced to imprisonment for 6 (six) months each while defendant III Muhlisin Bin Matruri was sentenced to imprisonment of 5 (five) months. Inhibiting factors The role of advocates in assisting the accused of embezzling the complete systematic land registration fee (PTSL) at the Pati District Court, the number of witnesses presented by the Public Prosecutor in the trial was the Village Government of Alasdowo, Kec. Dukuhseti Kab.Pati who is involved in the PTSL Program, but in giving their testimony regarding the use of the PTSL application fee they seem not to know by covering up the real facts, There are no regulations governing the PTSL program in Alasdowo Village, Kec. Dukuhseti Kab. Pati, so it was difficult to present Expert Witnesses.Keywords: Legal Counsel, embezzlement, Defendant.]]>
