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Implementation Of The Diversion Method For Children In Confrontation With The Law In Child Criminal Judgment Process Miranda Dalimunthe; Ira Alia Maerani
Jurnal Hukum Khaira Ummah Vol 16, No 2 (2021): June 2021
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v16i2.19335

Abstract

The purpose of this paper is to find out, examine and analyze the procedural diversion for children in conflict with the law in the Juvenile Criminal Justice System.In this paper the author uses a normative juridical method. In the conclusion of the discussion, children in conflict with the law are considered as legal subjects who are not yet competent and cannot understand what they are doing. Investigation of children's cases is carried out by investigators determined by the Decree of the Head of the State Police of the Republic of Indonesia or other officials appointed by the Head of the State Police of the Republic of Indonesia. If the Diversion is successful in reaching an agreement, the Investigator will submit the Minutes of the Diversion along with the Diversion Agreement to the head of the district court for a determination to be made. On the other hand, if the Diversion process fails, the Investigator is obliged to continue the investigation and delegate the case to the Public Prosecutor by attaching the Diversion Report and the community research report. Children who are arrested must be deposited in the LPKS. The cost for each child placed in LPKS is charged to the budget of the ministry that carries out government affairs in the social sector.
Meningkatkan Motivasi dan Minat Diri Siswa SMA terhadap Dunia Perkuliahan melalui Webinar KKN Ira Alia Maerani; Arif Setio Budi; Eksanti Eksanti; Imas Ayu Nurdiana; Dewi Martha Islahiyah; Puspita Muthia'tun Ni'mah
Indonesian Journal of Community Services Vol 3, No 1 (2021): May 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ijocs.3.1.85-96

Abstract

Minat siswa Sekolah Menengah Atas (SMA) dalam melanjutkan pendidikan ke perguruan tinggi cukup beragam. Sebagian memilih untuk tidak melanjutkan studi dengan bekerja atau bahkan menganggur. Banyak faktor yang menjadi penyebab siswa memutuskan untuk tidak melanjutkan pendidikan ke perguruan tinggi di antaranya yaitu adanya faktor ekstrinsik dan intrinsik. Salah satunya karena faktor ekonomi yang menonjol di masa pandemi Covid-19 ini. Tujuan dari kegiatan ini adalah meningkatkan motivasi untuk menuntut ilmu, sebagaimana firman Allah SWT dalam Al-Qur’an surat Al Mujadilah: 11. Karenanya KKN XI UNISSULA Kelompok KKN 187 melaksanakan salah satu program pilihan yaitu webinar sebagai bentuk kegiatan aktif dan kreatif meningkatkan kualitas hidup masyarakat melalui pendidikan terutama dalam hal ini dengan sasaran siswa siswi SMA/sederajat sebagai luaran implementasi pengabdian masyarakat. Webinar bertemakan, “Serba-serbi Dunia Perkuliahan dan Motivasi Belajar di Masa Pandemi.” dengan media room online yaitu google meeting. Peserta yang terdiri dari puluhan pelajar SMA di Kabupaten Rembang dan sekitarnya. Bahkan siswa SMA dari Cikarang, Tangerang, Salatiga dan Demak turut aktif dalam kegiatan ini. Webinar dilaksanakan sebagai wujud edukasi dan meningkatkan motivasi, minat, serta pandangan diri siswa terhadap dunia perkuliahan. Webinar ini bertujuan untuk memberikan gambaran tentang bagaimana berjalannya kegiatan pendidikan dan berbagai pilihan keputusan yang dapat diambil oleh mahasiswa ketika menjalankan studi kepada siswa SMA/sederajat. Hasil penilaian feedback (umpan balik) menunjukkan bahwa animo peserta terhadap webinar didapatkan bahwa 93,8% partisipan mengungkapkan bahwa mereka termotivasi dan meningkatkan minat melanjutkan pendidikan ke perguruan tinggi dengan adanya acara webinar ini. Faktor motivasi yang diungkap oleh para pembicara adalah dorongan ukhrowi keyakinan bahwa Allah SWT akan mengangkat derajat mereka yang beriman dan berilmu. Oleh karena itu mereka tertarik untuk menentukan lembaga pendidikan yang lebih mendekatkan kecintaan dan ketakwaan mereka kepada Tuhan Yang Maha Kuasa. Motivasi selanjutnya adalah banyaknya tawaran beasiswa baik dari pemerintah maupun swasta bahkan lembaga amil zakat baik karena memiliki prestasi akademik maupun karena dilatarbelakangi keterbatasan ekonomi. The interest of high school students (SMA) in continuing their education to higher education is quite diverse. Some choose not to continue their studies by working or even unemployed. Many factors cause students to decide not to continue their education to higher education, including extrinsic and intrinsic factors. One of them is due to economic factors that stand out during the Covid-19 pandemic. The purpose of this activity is to increase motivation to study, as the word of Allah SWT in the Qur'an Surah Al Mujadilah: 11. Therefore, KKN XI UNISSULA Group KKN 187 carries out one of the selected programs, namely webinars as a form of active and creative activity to improve the quality of life. community through education, especially in this case with the target of high school students/equivalent as the output of community service implementation. The theme of the webinar is, “The World of Lectures and Motivation for Learning in a Pandemic Period.” with an online media room, namely Google Meeting. The participants consisted of dozens of high school students in Rembang Regency and its surroundings. Even high school students from Cikarang, Tangerang, Salatiga and Demak were actively involved in this activity. Webinars are held as a form of education and to increase students' motivation, interest, and self-view towards the world of lectures. This webinar aims to provide an overview of how educational activities work and the various decision choices that can be made by students when carrying out studies for high school students/equivalent. The results of the feedback assessment showed that the participants' interest in the webinar was found that 93.8% of the participants revealed that they were motivated and increased their interest in continuing their education to higher education with this webinar event. The motivational factor revealed by the speakers was the encouragement of ukhrawi belief that Allah SWT will elevate the degree of those who have faith and knowledge. Therefore, they are interested in choosing an educational institution that brings their love and piety closer to God Almighty. The next motivation is the number of scholarship offers from both the government and the private sector and even amil zakat institutions, both because they have academic achievements and because of economic limitations.
Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr) Junaidi Junaidi; Sri Endah Wahyuningsih; Ira Alia Maerani
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.v3i1.8433

Abstract

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.
PREVENTION AND ENFORCEMENT EFFORTS AGAINST CRIME EMBEZZLEMENT POLICE CAR RENTAL IN RESORT CITY OF SEMARANG (Case Study No. Bp / 87 / K / Bap / VII / 2018 / Reskrim on 6 June 2018) Insan Al Ha Za Zuna Darma Illahi; Ira Alia Maerani; Aryani Witasari
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.v2i4.8441

Abstract

This study aims to identify and explain the efforts to control and enforcement of laws against the crime of embezzlement of car rental in City Police Large Semarang in Case Number: Bp / 87 / K / Bap / VII / 2018 / Reskrim on 6 June 2018, to provide educational material or contributing to the entrepreneur car rental and Police Large city Semarang in prevention and law enforcement against criminal acts of embezzlement of car rental in the city of Semarang, and to investigate and explain the constraints and find solutions in the response and enforcement of laws against the crime of embezzlement car rental Big City Police in Semarang.This study uses empirical juridical approach or legal research Sociological with embezzlement case study specification car in Semarang. Data were collected from documents and interviews with investigators Vice Unit I resum Sat Criminal Police Large City Semarang to then analyzed using qualitative analysis, then concluded.The results showed that law enforcement is often done by the City Police of the Semarang to the crime of embezzlement car rental, while the factors that are the cause has not done of law enforcement due to limits in the Book of the Law of Criminal Law and the crime on complaint, therefore efforts conducted by the City Police of the Semarang can be divided into three attempts pre-emptive, preventive and repressive, these efforts are sometimes subject to constraints such as the difficulty of giving meaning to the people, cars rented a car loan, easy to hand over vehicles to consumers.Keywords: prevention efforts by law enforcement, the crime of embezzlement.
Law Enforcement against Entrepreneurs who Conduct Criminal Acts to Pay Wages Under the Minimum Wage Sekar Tresna Raras Tywi; Ira Alia Maerani; Arpangi Arpangi
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.v4i1.13882

Abstract

This study aims to determine how law enforcement is carried out by labor inspectors against employers who pay wages lower than the minimum wage. The method used in this paper is sociological juridical. The conclusion of this paper is that law enforcement on the payment of wages below the minimum wage is carried out gradually through preventive educational efforts, repressive nonyustisia to repressive yustisia. It is hoped that through this process the employer can pay the lowest wage according to the minimum wage so that punishment is the last alternative (ultimum remedium).
Legal Enforcement by the Police against Child of Criminal Doer of a Traffic Accident Who Caused Death (Case Study in Traffic Accident of Police Traffic Unit of Cirebon City Police Juridiction) Anton Susanto; Ira Alia Maerani; Maryanto Maryanto
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.v3i1.8402

Abstract

The problems of this study were 1) the process of resolving the crime of traffic accident committed by a child which causing death in Jurisdiction Police Cirebon, 2) the difference between the completion of the crime of traffic accident by a child which causing death by perpetrators of adults in Police Cirebon City? 3) consideration of the law by the police in the Cirebon City Police enforcement of laws against the crime of traffic accident causing death committed by a child.The method used is research that combines Juridical and Empirical. The source of research data derived from primary data and secondary data obtained by collecting documents and interviewing criminal cases with informants.Based on research findings conducted by researchers regarding law enforcement in case of a traffic accident causing death committed by minors resolved with the criminal justice process method to process outside the criminal justice and restorative justice approach that is Diversion. Based on Act No. 11 of 2012 on the Criminal Justice System Child involvement of multiple stakeholders in the settlement became a mandatory provision. Constraints law enforcement officials in the execution of diversion itself is the factor of legal, officials law enforcement factors, community factors and factors of facilities and infrastructure.Keywords: Law Enforcement; Police; Accident; Traffic; Child.
Money Politics In The Electoral Law And The Law Of Election Yudhi Atmaja; Ira Alia Maerani
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 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.v2i2.5546

Abstract

This study aims to identify and analyze the rampant money politics in society. In the process of grassroots democracy, the practice of money politics thrives. Since it is considered a fairness, the public no longer sensitive to the dangers. They let him, because they do not feel that money politics normatively should be shunned. Everything went to the fair. Although clearly the case of money politics, and it was recognized by the community, but there was no protest. People consider money politics as something normal for economic reasons and partly because of their ignorance.This is due to factors Regulatory, there is no provision of law which limits Election Supervisory Agency (Bawaslu) in maximizing its role, Bawaslu not authorized to call forced the clarification process, and their obligation to prepare a minimum of two (2) evidence in forwarding recommendation, The intensity of inter-agency presence is still weak short handling time violation. Besides, some people regard it as something normal. The public will know the actual allegations of money politics and in general do not want to report because of the difficulty of proving.Keywords : Money Politics; Law; Election Supervisory Agency (Bawaslu).
Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi Sulistyo Utomo; Ira Alia Maerani
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.v2i4.8351

Abstract

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.
The Law Enforcement in Pressing Traffic Accident which Resulting Death Kadek Oka Suparta; Ira Alia Maerani
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 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.v3i4.13144

Abstract

The aim of this studyto know the strategy of law enforcement in suppressing traffic accidents that result in death at the Mojokerto City Police, to find out the factors that support and hinder the Mojokerto City Police in suppressing traffic accidents that result in death, and to find out solutions to obstacles in an effort to suppress traffic accidents resulting in death. The approach method used is juridical normative and juridical socio-logical method, the specifications in the research are descriptive analytical, population and sampling methods are all objects or all symptoms or all events or all units to be studied, data collection techniques use library research and interviews, data analysis used is qualitative. Application of criminal sanctions in cases of traffic accidents and road transportation based on Act No. 22 of 2009 concerning Road Traffic and Transportation. The perpetrator who causes the victim to die is subject to Article 310 paragraph (4) and Article 311 paragraph (1) of Act No. 22 of 2009. In Article 310 paragraph (4) the perpetrator is sentenced to imprisonment of up to 12 (twelve) years or a maximum fine of Rp. 24,000,000.00 (twenty four million rupiah). In Article 311 paragraph (1) the perpetrator is sentenced to imprisonment for a maximum of 1 (one) year or a maximum fine of Rp. 3,000,000.00 (three million rupiah). Factors that influence law enforcement in cases of driver negligence in traffic resulting in death are the legal factors themselves, law enforcement factors, facility factors or facilities that support law enforcement to run smoothly, community factors, namely the environment in which the law applies, cultural factors, criminal and non-penal policy factors. Efforts made by the Traffic Unit against obstacles in an effort to suppress traffic accidents that result in death, are as follows: Preemptive action, Preventive action (prevention), repressive action (repression).
IMPLEMENTASI IDE KESEIMBANGAN DALAM PEMBANGUNAN HUKUM PIDANA INDONESIA BERBASIS NILAI-NILAI PANCASILA Ira Alia Maerani
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i3.1364

Abstract

Criminal Law Science consists of the  Criminal Law Material (consisting of the Code of Penal (Penal Code=KUHP) and Act Outside the Criminal Code), Formal Criminal Law (Code of Criminal Law), and the Law of Criminal Execution. Code Penal (Penal Code) is derived from the Wetboek van Strafrecht voor Nederlands Indie (WvSvNI). Criminal Code (WvSNI) is a legal product "foreign" Dutch colonial administration which is not in accordance with the values espoused Indonesian nation and not in accordance with the conditions of the Indonesian nation freed with Pancasila as the foundation philosophy of legal development in Indonesia. Issues to be studied in this paper about the Pancasila philosophy approach in development efforts in the Indonesian criminal law and the implementation of the idea of balance in the development of criminal law in Indonesia are based on the values Pancasila. Research done by digging the values of Pancasila, the value on God particularly those contained in the Law of Islam (as a religion writer and the religion professed by the majority of the people of Indonesia), the value of humanity, unity, democracy, and social justice to change ideas/concepts of foreign laws that are incompatible with the basic philosophy of Pancasila. This study uses normative juridical methodology as in finding the data will be examined to the text of scripture, law and legal literature.