Sri Kusriyah
Fakultas Hukum Universitas Islam Sultan Agung Semarang

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Role of Victims in Criminal Action of Rape Against Children in Pemalang State Court R. Ayu Miya Ratih Ardhya Garini; Sri Kusriyah
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (618.058 KB) | DOI: 10.30659/ldj.3.1.93-99

Abstract

This study aims to analyze the role of the victim considered by the judge in deciding criminal cases of rape against children and the role of victims against children influences the imposition of criminal sanctions by judges at the Pemalang District Court. This research was conducted using a sociological juridical approach with the research specifications used in this research is descriptive in nature equipped with a case study of aspects of the role of the victim in considering the severity of the punishment given to the perpetrator of rape against children in Pemalang District Court, that children also have role in the occurrence of the crime of rape, whether the victim is active, passive, provocative, consciously or unconsciously. Based on the results of the research, it was concluded that the Pemalang District Court Judge had considered the aspects of the role of the victim in the criminal case of rape against children, that the role of the victim in the crime of rape against children was something that mitigated the crime imposed on the perpetrator.
Criminal Responsibility towards Criminals of Abortion in Indonesia Zahri Aeniwati; Sri Kusriyah
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (573.726 KB) | DOI: 10.30659/ldj.3.1.9-18

Abstract

This study aims to determine and describe the criminal liability of perpetrators of abortion in Indonesia. This research is a doctrinal legal research, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this research show that criminal liability for perpetrators of abortion in Indonesia based on the Criminal Code is regulated in Book Two of Chapter XIV on Crimes of Decency, especially Article 299, and Chapter XIX Articles 346-Articles 349 which are classified as crimes against life. The prohibition on abortion in the Criminal Code is contained in Article 299, Article 346, Article 347, Article 348, and Article 349, which clearly regulates the prohibition of having an abortion for any reason, including abortion for emergency reasons (forced). The provisions for regulating abortion in Act No 36 of 2009 are set forth in Article 75, Article 76, Article 77, and Article 194. Even though, the law prohibits the practice of abortion, in certain circumstances there is a possibility. Abortion practices that are contrary to statutory regulations are regulated in Article 194 of Act No 36 Of 2009, with a maximum imprisonment of 10 years and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).­
THE LEGAL EDUCATION ON PREVENTING EARLY MARRIAGE AS AN EFFORT TO INCREASE COMMUNITY LEGAL AWARENESS Widayati Widayati; Sri Kusriyah; Winanto Winanto; Rizky Dindah Saputri
International Journal of Law Society Services Vol 1, No 2 (2021): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (383.676 KB) | DOI: 10.26532/ijlss.v1i2.19964

Abstract

The state guarantees the right of everyone to form a family and continue their offspring through legal marriage, and the state also guarantees the right of children to survive, grow and develop as well as the right to protection from violence and discrimination. The Marriage Law requires the age of marriage to be 19 years. However, the marriage law does not explicitly prohibit the practice of early marriage, because the marriage law also provides dispensation facilities if the prospective bride or groom is still a minor. This causes many people to carry out underage marriages or early marriages, including in Bulusari Village, Bulakamba District, Brebes Regency. The reasons are due to pregnancy out of wedlock, economic factors, and cultural factors. The solutions offered are providing understanding to the public about marriage, increasing public legal awareness about the risks of early marriage, both social and health risks, and providing assistance to children and parents who undergo early marriage.
The Role of the Prosecutors in Implementing the Eradication of Corruption Crime Luhur Supriyohadi; Sri Kusriyah; Widayati Widayati
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The purpose of this study is to examine and analyze the role of the Prosecutor's Office in eradicating corruption. In this paper, the writer uses the normative juridical method with the specifications of analytical descriptive writing. The Prosecutor's Office has the authority to assess the results of investigations carried out by the police, on the other hand, the Prosecutor's Office is also authorized to carry out or stop prosecutions. Thus, it is no exaggeration to say that the Prosecutor's Office plays a very vital role in the criminal justice system. The Prosecutor's Office is the controller of the case process (dominus litis), and has a central position in law enforcement, because only the Prosecutor's Office can determine whether a case can be brought to court or not based on valid evidence according to the Criminal Procedure Code. The role of the Prosecutor's Office in eradicating criminal acts of corruption begins when the case has not been transferred to the Court until the implementation of the court's decision. However, in the case of corruption, the Prosecutor's Office has the authority to act as a public prosecutor as well as an investigator. The authority of the prosecutor as a special criminal investigator is regulated by Act No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia in Article 30 paragraph (1) letter d. In addition, in its role in eradicating corruption, the Prosecutor's Office continues to coordinate with the police and the Corruption Eradication Commission.
The Implementation of Restorative Justice Approach through Restorative Justice Handling in Criminal Acts of Fraud & Embedding Risqi Akbar; Sri Kusriyah; Achmad Sulchan
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.381-388

Abstract

The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.
The Law Enforcement against Criminal Acts of Violence by Children Muhammad Zubaidi; Sri Kusriyah; Peni Rinda Listyawati
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.431-438

Abstract

The purpose of this study is to determine and analyze law enforcement against perpetrators of criminal acts of violence by children. To find out and analyze legal protection for perpetrators of criminal acts of violence by children. To find out and analyze the barriers to law enforcement against perpetrators of criminal acts of violence by children and efforts to overcome them. The method used by the researcher is a sociological juridical approach to law and the specifications in this study are descriptive. As for the sources and types of secondary data obtained from the literature study. Data analyzed qualitatively. Based on the results of the study that the law enforcement against perpetrators of criminal acts of violence by children have been carried out optimally. Law enforcement against suspects who have committed crimes of child abuse, where the perpetrators have been detained by Police Investigators since the report of abuse was given by the victim to the investigator, and for further investigation the perpetrators are detained by investigators. Legal Protection for Perpetrators of Criminal Acts of Violence by Children is being able to be responsible by serving sentences in accordance with applicable regulations, which in this case are articles 351, 353, 354 and 355 of the Criminal Code. The provisions contained in the article above are articles aimed at anyone who commits a violent crime, more specifically, which results in the death of a person. Obstacle: Victim died, Minor Actors, Suspect Easily to Escape. Efforts to overcome it are dby imposing criminal sanctions. The application of crime to criminals is expected to provide prevention to other people and the general public from committing crimes.
The Sustainable Development Planning Based on Spatial Policy in Demak Regency Sri Kusriyah; Aryani Witasari
Law Development Journal Vol 5, No 2 (2023): June 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.2.162-180

Abstract

This research aims to find out how the implementation of the Regional Spatial Planning Policy in sustainable development planning, to find out how the process of permitting the use of spatial planning for development in Demak Regency. The method used in this paper is to use the normative juridical writing method, with the main data being secondary data in the form of documents related to the implementation of regional spatial planning policies in development planning and the process of permitting spatial use for development in Demak Regency, the data were analyzed by qualitative analysis with provide an interpretation of the data that has been collected. The results of the discussion show that 1) Sustainable development planning as outlined in the RPJMD is prepared based on the RPJPD. The preparation of the RPJMD also uses the RTRW as a reference for directing the location of activities and compiling development programs related to the use of space and areas, so that development is carried out in accordance with what has been planned in the RTRW. 2) The process of granting permits for development related to spatial and regional planning in the Demak Regency is carried out by the Public Works and Spatial Planning Office for the Demak Regency, abbreviated as Dinparu, has the task of assisting the Regent in carrying out government affairs in the field of public works and government affairs in the spatial planning sector which are the regional authority and co-administration assigned to the region. Dinputaru in the field of Spatial Planning encourages the public to use the online single submission (OSS) system in submitting suitability for spatial use activities (KPPR).