Articles
<![CDATA[The Implementation of the Application of Law of Criminal Acts with Violence ]]>
<![CDATA[Dewi Indrasari]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Amin Purnawan]]>
<![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.4.1.51-60
<![CDATA[The purpose of this study is to determine the implementation of the application of the law of criminal acts with violence in the Demak District Court. The approach method used is normative legal research which is descriptive analytical in nature with legal research that is carried out by examining library materials or secondary data as the basic material for research. Conclusions in the defendant's research in the decision of the judges of the Demak District Court sentenced to imprisonment for 1 (one) year 4 (four) months and pay court fees in the amount of IDR 3,000 (three thousand rupiah).The sanctions imposed by the Panel of Judges on the defendant are too light, in Article 365 of the Criminal Code the maximum period of time the defendant can be snared is 9 (nine) years.]]>
<![CDATA[The Enforcement of Criminal Laws of Hate Speech in Social Media ]]>
<![CDATA[Feri Vernando Situngkir]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.2.4.542-548
<![CDATA[The objectives of this study are as follows: To determine the law enforcement of hate speech crimes in social media. To find out the factors that hinder criminal law enforcement of hate speech in social media. This is to determine the efforts to overcome the obstacles to the enforcement of the hate speech criminal law. This study uses an empirical juridical approach, with descriptive analytical research specifications. The results of this study are law enforcement against hate speech offenders on social media starting from the first stage, namely the police. hate speech perpetrators then the next step is to the prosecutor's office, and the last stage of the trial. Penalties in the form of imprisonment and fines for hate speech offenders are expected to provide a deterrent effect on hate speech criminals on social media. Inhibiting factors, namely, Public Awareness Factors, Security Factors, Law Enforcement Factors. Efforts to overcome obstacles, namely Act No. 11 of 2008 which was later revised to Act No. 19 of 2016, the formation of a special division by the police that specifically handles cyber crime cases, the holding of a cyberpatrol to monitor activities on social media, and the establishment of a cyber agency. national to minimize the spread of negative content on social media, as well as the existence of government services to make it easier for the public to report cyber crime cases.]]>
<![CDATA[Law Enforcement by Police against Children Who Committed Criminal Acts of Violence that Caused Death ]]>
<![CDATA[Roby Muhtar]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.3.1.71-76
<![CDATA[The purpose of this research; to know and analyze law enforcement by the police against children who commit violent crimes that lead to death. To find out and analyze the obstacles experienced by the police, especially the Criminal Investigation Unit (Criminal Investigation) against children who commit a criminal act that causes death and the solution.The method used by researchers isjuridical sociological approach to law and The specifications in this research are descriptive. Based on the results of the study it was concluded that in investigating cases of criminal acts with violence committed by underage school students, they are guided by KUHAP, KUHP. There are still investigators who are only guided by the disposition of the leadership in handling criminal acts against perpetrators of underage school students showing a low level of professionalism of investigators, so there are frequent violations of the provisions of the Criminal Procedure Code. Obstacles experienced by the police, especially the Criminal Investigation Unit (Criminal Investigation) against a child who commits a crime that causes death, which is usually found when the family does not cooperate and tries to cover up the existence of their child as the perpetrator of the crime. Efforts to overcome the obstacles faced by the police, especially the Criminal Investigation Unit, are: Outreach in schools and in the community. Patrol in certain areas is one of the police activities by 2 (two) or more members of the National Police.]]>
<![CDATA[The Role of BPD in Preparation of APBD to Realize Village Autonomy ]]>
<![CDATA[Muhammad Ali Maskun]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.2.4.557-564
<![CDATA[Destination from this research, namely: To know and analyze the procedures for the preparation of the Village Budget (APBD) in the framework of realizing village autonomy. To find out and analyze the role of the Village Consultative Body (BPD) in Budget Formulationm Village Income and Expenditure (APBD) to realize village autonomy. To find out and analyze obstacles and solutions to the role of the Village Consultative Body (BPD) in the Preparation of the Village Revenue and Expenditure Budget (APBD) to realize village autonomy. The method used by researchers is juridical sociological approach to law and the specifications in this research are descriptive. Based on the results of that research The Village Income and Expenditure Budget (APBD) Preparation Procedure in the framework of realizing village autonomy is as follows: The activity implementer submits activity budget proposals to the village secretary based on the stipulated RKP’s village; The Village Secretary prepares the Draft Village Regulation on APB’s village (RAPB’s village) and submits it to the Village Head. The role of the Village Consultative Body (BPD) in the Preparation of the Village Revenue and Expenditure Budget (APBD) to realize village autonomy, among others, is to convey the idea of managing village funds as a form of collecting community aspirations as determining priorities for implementing village fund management with consideration of the village head. The process of planning the Village Fund Budget management during village meetings, low community self-help, delays in disbursement of village funds, changes in nominal APB’s village funds received and a new Regent regulation. Efforts to overcome this problem include the Blerong village government with an agreement with the Village Consultative Body to disseminate information on the importance of community self-help, then use Village Original Income funds, and Fund Less Channels, whose implementation is in accordance with the provisions of the applicable legislation.]]>
<![CDATA[The Effectiveness Of Civil Servant Candidate (PPNS) In Enforcement Of Spatial Planning Laws ]]>
<![CDATA[Iin Parlina]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.3.3.538-545
<![CDATA[This study aims to describe the effectiveness of PPNS in enforcing the Spatial Planning Law. In line with the research objectives, in this study using normative juridical research methods, it is concluded: (1) The issuance of Act No. 11 of 2020 concerning Job Creation, has changed the content of Act No. 26 of 2007 concerning Spatial Planning. The legal basis for implementing spatial planning nationally, needs to be synergized in one Government Regulation. PP 21 of 2021 concerning the Implementation of Spatial Planning, integrates various cross-sectoral, cross-regional, and cross-stakeholder interests which are manifested in the preparation of Spatial Plans. Creating conditions for laws and regulations in the field of Spatial Planning that support the investment climate and ease of doing business. Violation of Act No. 11 of 2020, carried out by Civil Servant Investigators (“PPNS”), which are investigators from civil servants to investigate certain criminal acts. The effectiveness of the application of the law for violations of spatial planning, is highly dependent on the legal instruments of each Ministry or government agency/institution. Strengthening legal instruments (both regulations and institutional investigators for PPNS) needs to be taken seriously, because of the lack of legal application for violators of spatial planning. (2) The implementation of spatial planning is still not in accordance with the existing laws and regulations.]]>
<![CDATA[Manifestation Of Criminal Sanctions In The Judicial Process On Criminal Actor Of Negligence (Culpa) ]]>
<![CDATA[Ahmad Ghifar Al Ahfaqsyi]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.2.2.107-114
<![CDATA[The purpose of this research is to study and analyze manifestation of criminal sanctions in the process of prosecuting the perpetrator of a criminal offense due to negligence (Culpa). In this study the authors used sociological juridical methods with descriptive research specifications. The data sources used are primary and secondary data. Based on the results of the research, the conclusion is that in case No.207 / Pid.Sus / 2019 / PNClcp, it is in accordance with the provisions of both formal criminal law and material criminal law and the conditions that can be convicted of a defendant, this is based on trial examination, where the evidence submitted by the public prosecutor, including the testimony of the witnesses which are compatible with the statement of the defendant who honestly admitted to the act he had committed, the Panel of Judges at the Cilacap District Court in the case stated that the elements of the defendant's actions matched the formulation of the offense contained in Article 310 paragraph (4) of Act No. 22 of 2009 on Traffic and Road Transportation.]]>
<![CDATA[Legal Protection of Children in the Investigation Process by Investigators Based on Restorative Justice ]]>
<![CDATA[Askohar Askohar]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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.3.3.467-474
<![CDATA[This study aims to analyze more deeply related to child protection in the current investigation process. The type of approach in this research is sociological juridical. Based on the analysis of the existing data, it was found that the child protection in the investigation process in Central Java has not been able to run effectively, Most of the children or adolescents in Central Java who are in conflict with the law are decided by the judge to enter the juvenile prison. In addition, the lengthy legal process against children in conflict with the law results in the child being depressed and can make the child's psychology more shaken. This will obviously result in the growth and development of the child's soul and also the future of the child. Restorative justice is present as another effort to enforce the law by not injuring children's rights, restorative justice is carried out by diversion. Restorative justice in handling children in conflict with the law can be pursued in law enforcement through diversion efforts. Implementation of diversion in the case of children for children with a criminal sanction of 1 year.]]>
<![CDATA[The Reality of the Criminal Justice System in Independence of Law Enforcement Based on Pancasila Law System ]]>
<![CDATA[Lindu Aji Saputro]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Siti Ummu Adillah]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.364-372
<![CDATA[The purpose of this research is to find out how is the Independence of the Criminal Justice System by the law enforcement sub-system and how is the Reconstruction of the Independence of the Criminal Justice System. This research approach uses normative juridical. Based on the research, it is concluded that the independence of the National Police mainly lies in the implementation of "police discretion", which unfortunately has not been adequately accommodated in the provisions of the applicable laws and regulations. This resulted in the face of the Police solely as an organization whose main task is to protect and serve the community. Meanwhile, the performance of the National Police as an effective, efficient, fast and measurable crime eradication organization has not been accommodated in the existing police regulations.]]>
<![CDATA[The Capture Process in the Crime of Murder by A Special Team ]]>
<![CDATA[Eka Rinda Wanto]]>;
<![CDATA[Rakhmat Bowo Suharto]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![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 aims of this paper are as follows: To find out and analyze the process of arrest in the crime of murder by a special team. To find out and analyze the obstacles and solutions in the arrest process in the crime of murder by a special team. This study uses a sociological juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the process of arresting in the crime of murder by a special team is: Arresting the perpetrator if the perpetrator is still within the reach of investigators to be arrested immediately. Closing the scene of the incident to anyone whose presence there is not required to save the victim, to save people's assets or for the purposes of investigation and investigation with the intention that the place of the incident of the case remains in its original state to facilitate the process of investigation and investigation. Finding, rescuing, collecting, and retrieving evidence and traces that can help investigators to obtain clues about the identity of the perpetrator, about the methods and tools used to commit the crime, as well as to determine where the crime scene occurred. Finding witnesses who are expected to help investigators to solve problems in the crime incident. The obstacle: Changes in the authenticity of the place that occurred at the scene of the case. Lack of experience of investigators in conducting investigations. The absence of completeness of equipment at the time of investigations. Investigators' efforts in overcoming the lack of completeness of tools to conduct investigations. Investigators' efforts to overcome the unavailability of a database on fingerprinting.]]>
<![CDATA[The Analysis of Undercover Techniques by Involving in Narcotics Circulation Network ]]>
<![CDATA[Bondan Satrio Bawono]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>;
<![CDATA[Aryani Witasari]]>
<![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.4.2.279-289
<![CDATA[This study aims to find out and analyze how the undercover technique involves being involved in the narcotics distribution network to uncover cases at the Batang Police Resort. This study uses a sociological juridical approach and data collection through interviews, literature study and documentation. Based on the research, it was concluded that the Undercover technique by involving oneself in the narcotics distribution network to uncover cases at the Batang Police Resort was an attempt to enter into the narcotics distribution network and then lure the suspect in the operation target to leave by conducting narcotics transactions through the Undercover Buy technique or surrender. It was monitored and arrested before the transaction took place by ensuring that the suspected goods were in the possession of the suspect. The target of the technique is the elements of criminal acts as regulated in the Narcotics Law, such as the "whoever" element and the "controlling" element as well as the "circulating" element. The element of "whoever" is the target of the operation, in this case the suspect. The element of "control" means that it must be ensured that the alleged seller "controls" the narcotics goods. While the element of "circulating" is like selling narcotics. This technique was carried out because of the difficulty of uncovering the illicit trafficking of narcotics using a disconnected and neat system.]]>
