Articles
<![CDATA[The Law Enforcement in Judges' Decisions based on Progressive Law ]]>
<![CDATA[Eko Hartoyo]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.4.1.83-91
<![CDATA[This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.]]>
<![CDATA[Application of Double Track System Model Against Applicants of Narcotics Abus ]]>
<![CDATA[Tony Andri Dwi Ermawan]]>;
<![CDATA[Ira Alia Maerani]]>;
<![CDATA[Achmad Sulchan]]>
<![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.4.1.133-141
<![CDATA[The purpose of this study is to find out and analyze the implementation of the implementation of the double track system model against narcotics abusers. To find out and analyze the obstacles and solutions to implementing the double track system model for narcotics abusers. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study were the application of the double track system model of law against perpetrators of narcotics abuse in the form of applying the law to serve a sentence in prison, while the sanctions for actions given to narcotics addicts as victims are in the form of treatment and/or treatment organized in the form of rehabilitation facilities. The implementation system is that the period of treatment and/or treatment is counted as a period of serving a sentence. Barriers to the Implementation of the Double Track System Model on Narcotics Abuse Perpetrators are the existence of different rules that can be applied to the same act, namely narcotics abuse; inadequate infrastructure; rehabilitation institutions for narcotics abuse and narcotics victims are still very limited.]]>
<![CDATA[Effectiveness Of Investigations According To Act No. 23 Of 2004 On Domestic Violence Cases ]]>
<![CDATA[Aryani Nur Chamidah]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.2.290-297
<![CDATA[This study aims to analyze more deeply the investigation of cases of Domestic Violence that occurred in Grobogan which until now has not been effective. The approach used is sociological juridical. Based on the analysis of the existing data, it was found that the implementation of the investigation in the case of Domestic Violence in Grobogan in its development could not be said to be effective. This is because there are still many families or households who do not know that domestic violence is no longer a family matter but has become a public matter, even a violation of human rights and threatens human life. Besides, there are still many law enforcement officers who are not familiar with the Domestic Violence Law. So that there are obstacles for the process of investigating domestic violence cases when victims report to the RPK (Special Service Room) located at the Regional Police Sergeant in each province in Indonesia. Many investigators have not yet carried out the legal service process for victims by carrying out protective procedures specifically stipulated by Act No. 23 of 2004. This has caused victims to withdraw or withdraw their reports and complaints. The legal facilities provided by the Protection Unit have not been implemented properly.]]>
<![CDATA[Parent Responsibility Towards Criminal Actions Of Traffic Accident By Children Which Sustained Others Death ]]>
<![CDATA[Himawan Aji Angga]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.2.3.265-271
<![CDATA[The aim of this studyto find out and analyze the efforts made by parents and Polrestabes Semarang in overcoming traffic accidents by children that cause other people to die, the resulting losses, as well as the form of parental responsibility for traffic accidents by children in the jurisdiction Polrestabes Semarang. The research problem is analyzed by the theory of the operation of law in society, the theory of criminal liability and the theory of substitute liability. The approach method used is juridical sosilogical method, the specification in this research is descriptive data analysis used is qualitative. The results of the study: That the factors that cause the use of motorized vehicles by children in the jurisdiction of the Semarang Police are ignorance, personal encouragement, family encouragement, social encouragement, disinterest and opinions are not obliged to order traffic. That in order to overcome this problem, it has been done Efforts by the Traffic Police of the Semarang Police, include Pre-emptive, preventive and repressive efforts. Parents must also try to encourage the school to prepare school pick-up facilities, issue restrictions on using motorbikes, and not provide parking spaces. Parents can also make efforts by encouraging the Semarang City Government to provide transportation.]]>
<![CDATA[Criminal Investigation of Motorcycle Stealing Goods ]]>
<![CDATA[Yusril Ilza Amri]]>;
<![CDATA[Bambang Tri Bawono]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.1.169-174
<![CDATA[This study aims to identify and analyze the factors that cause the increase in the number of criminal acts of arresting the results of motorcycle theft in the jurisdiction system of the Pati Regency Resort, as well as to identify and analyze the investigative actions carried out by the Pati Regency Police in the conception of law enforcement. This study uses a juridical empirical (sociological) approach. The results showed that there was an increase in criminal acts of detention of the results of motor vehicle theft in the jurisdiction of the Pati Police, including the desire to own a motorized vehicle, the economic condition of the perpetrator, the perpetrator's friendship, low legal knowledge, the intention to help the perpetrator of theft, persuade and lure profits, and in cooperation with many parties. Then the investigation carried out by the Pati Police on the criminal act of arresting a motor vehicle resulting from theft through 4 (four) stages, including: receipt of reports, summons, confiscation, and investigation. The obstacles faced by the Pati Resort Police included: the perpetrator moved from place to place, the perpetrator lost evidence, the lack of public participation, and the difficulty of proving it. Efforts made by the Pati Resort Police include 3 (three) attempts. Pre-emptive efforts are carried out by providing legal counseling to the public regarding criminal acts of theft and detention. Preventive measures are carried out by conducting raids and patrolling locations deemed prone to theft. The last resort.]]>
<![CDATA[A CRIMINAL INVESTIGATION OF THE CRIMINAL STEALING THAT CAUSES THE DEATH OF PERSONS CONDUCTED BY CHILDREN ]]>
<![CDATA[Hanung Hendratmoko]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.2.3.339-345
<![CDATA[The crime of theft with violence is regulated in Article 365 of the Criminal Code. Ironically, this crime is committed by someone who is considered a child in the eyes of the law. This writing discusses the mechanism of investigation, constraints and solutions in the implementation of the mechanism for investigating the crime of theft with violence that causes the death of a person committed by a child.The approach method used in this research is the sociological juridical approach. The specification of this research is descriptive analysis and the source of the data that I use comes from primary data and secondary data. This writing uses an analytical knife based on the theory of justice and the theory of punishment.The mechanism for investigating the crime of theft with violence that causes the death of people is carried out starting from the existence of police reports, investigations, investigations, arrests and detention, searches, seizures, witness statements, and statements of suspects. Obstacles in implementing the investigation mechanism are internal and external constraints. The solution to the obstacle is: the investigator confirms to the suspect's legal adviser to always be present and accompany the suspect in the investigation process, the investigator maximizes his performance to look for evidence according to the maximum time limit, the investigator tries to take an emotional approach, the investigator is assisted by the Correctional Center (BAPAS) provide understanding to children to stay calm.]]>
<![CDATA[The Element of Deliberate Action in a Series of Actions on PRONA Program's Corruption Crime ]]>
<![CDATA[Antonius Agung Ariyanto]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.1.44-51
<![CDATA[The purpose of this research is to analyze construction law panel of judges in deciding cases of corruption, qualifying extortion in the PRONA program. The research approach method used is a qualitative normative juridical approach. The legal construction built by the Panel of Judges in criminal cases of extortion qualification of corruption fulfills the provisions in Criminal Law, namely the Principles of Legality and culpability. The defendant was proven to have violated the law in the provisions charged by the public prosecutor, namely Act No. 31 of 1999 Jo Act No. 20 of 2001 and Article 55 paragraph (1) to 1 of the Criminal Code. The conclusion of this research is that the defendant was proven intentionally, at least knowing it as an intentional element, designing the Prona committee, determining Prona's fees, and issuing a “threat” letter to the applicant which should be free (with certain conditions). According to the Panel of Judges, such legal facts are sufficient to prove that the defendant was deliberately involved in the criminal act of corruption. It is recommended that in dealing with corruption cases with the same motive, in the future, the public prosecutor is more courageous in giving a single indictment. So that from the start, I was sure of the charges given, especially from the collection of materials and information through a catch operation.]]>
<![CDATA[Juridical Analysis of Crimination against Civilizers of Civil Crimination ]]>
<![CDATA[Sebastian Wibisono]]>;
<![CDATA[Jawade Hafidz]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.1.130-139
<![CDATA[The formulation of the problem in this research is: What is the process of convicting the perpetrators of criminal acts of detention at the Kendal District Court? What are the obstacles faced by judges in examining and deciding cases of criminal detention at the Kendal District Court and what are the solutions? What is the judge's consideration in deciding criminal cases at the Kendal District Court? The method used by researchers is a sociological juridical legal approach and the specifications in this study include descriptive analytical. Based on the results of research that pThe criminal process for the perpetrators of a criminal act of detention at the Kendal District Court is that the defendant is charged under Article 480 paragraph (1) of the Criminal Code concerning detention. The convictions of the perpetrators of criminal acts at the Kendal District Court in this case the verdict handed down by the Panel of Judges against the defendant was lighter than the charges. Obstacles, namely the imposition of crimes by judges who may be considered lightly by some people in general. The solution is efforts to prevent criminal acts in society, as it is known, the provision of a deterrent effect through the provision of sanctions. Judges' considerations in Deciding Criminal Cases at Kendal District Court are correct, because based on the evidence presented at the trial, it shows that the defendant is found guilty of committing the criminal act of detention and matching all the elements in Article 480 of the Criminal Code. However, the imprisonment imposed by the panel of judges is relatively lighter than the demands of the public prosecutor in which the demands of the public prosecutor are also considered light so that they can provide a deterrent effect on the perpetrators of criminal custody.]]>
<![CDATA[The Juridical Analysis on Effectiveness of Terrorism Prevention in the Digital Era ]]>
<![CDATA[Azis Kurnia Afandi]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.2.339-345
<![CDATA[This study aims to analyze juridically regarding the effectiveness of preventing acts of terrorism in the digital era. The method in this research is non-doctrinal. Based on the analysis conducted, it was found that currently, the implementation of digitalization-based terrorism prevention has not been able to materialize effectively, this is shown by the increasing recruitment of members of terrorism, financing of terrorism, and the spread of terror through digital media today. Act No. 5 of 2018 in its development has not regulated the implementation of a clear terrorism prevention and the position of the protection and recovery of victims of terrorism is not yet clear and regarding the progress of information and communication technology as a means of terrorism has not been clearly regulated. In addition, it has not yet been regulated related to efforts to prevent and deal with criminal acts of terrorism. So in other words, it can be said that the proliferation of advanced methods of terrorism has not been clearly regulated in the legal politics of handling terrorism.]]>
<![CDATA[Implementation Of The Diversion Policy On Child As A Criminal Based On Justice Value ]]>
<![CDATA[Nur Azizah]]>;
<![CDATA[Ira Alia Maerani]]>
<![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.3.3.604-612
<![CDATA[The purpose of this study is to examine and analyze the application of diversion policies against children as perpetrators of crimes that have not been fair, the obstacles in implementing diversion policies against children as perpetrators of crimes and the application of diversion policies against children as perpetrators of crimes based on the value of justice 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 expediency. The results of the study concluded that the application of diversion in handling crimes committed by children at the Central Java Regional Police through a family deliberation process. The application has not been fair because all criminal cases of children have not all been carried out with diversion efforts. The obstacles encountered in the application of diversion in handling criminal acts by children at the Central Java Regional Police are: 1) Threats of criminal acts with sanctions of 7 years and over. 2) Problems Appear If Parents Are Community Leaders 3). The existence of intervention on the side of the victim. 4). Lack of Optimal Ability of Investigators in Implementing Diversion Policy.5). There is no common ground and agreement between the victim and the perpetrator. The solutions to the obstacles faced are: 1) The threat of imprisonment is reviewed. 2). If parents, community leaders must be cooperative. 3). Need to eliminate intervention from any party. 4). Optimization of investigator capabilities. 5). Efforts to mediate between the victim and the perpetrator. The application of the diversion policy in the future is that diversion must consistently be carried out in child crimes.]]>
