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Penanggulangan Tindak Pidana Desersi di Oditurat Militer (Studi Kasus di Oditurat II-07 Jakarta) Rismoyo Kurnia Sangkara; Riska Andi Fitriono
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 3 No. 1 (2024): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v3i1.308

Abstract

Soldiers of the Indonesian National Army (TNI) are expected to be ready to carry out their duties and obligations and obey the rules and traditions of the command, but it has become a common thing in the military today if soldiers leave their unit without giving reasons or permission from their superiors. In addition to law enforcement activities, the purpose of this study is to identify the factors that contribute to the occurrence of the crime of desertion of TNI members. The method used in this research is Juridical-Empirical research, where information is collected through interviews with people involved in desertion criminal cases as well as by accessing literature data related to this research. The results showed that there are two main factors that cause the criminal act of desertion of TNI members, namely internal factors including mental and emotional states. External factors include the work atmosphere, family environment and economic factors in general which cause TNI to break the law by deserting. In the settlement carried out by the Unit, namely making a Military Police report, the Military Police conducts an investigation and investigation, then the Military Oditur issues an indictment, demands and the Military Court gives a decision. Based on this research, the author provides advice to the Government to pay more attention to the welfare of the TNI and to Military Units that receive applicants for the Indonesian National Army to pay more attention to physical and psychological conditions so that TNI members are more characterized and reflect an authoritative military attitude in the future.
Problematika Penanganan Politik Uang pada Pemilihan oleh Sentra GAKKUMDU Kabupaten Kendal Lidwina Yosieva; Riska Andi Fitriono
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 3 No. 1 (2024): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v3i1.311

Abstract

Indonesia has a democratic form of government where the government system is from the people, by the people, and for the people (Kristina, 2021). Democracy as a means of people's sovereignty is realized by holding Legislative Elections and Regional Head Elections. Of course, the implementation of elections or regional elections cannot be separated from the violations that occur. These violations are divided into administrative violations, violations of the code of ethics, and violations of electoral crimes. The handling of each violation varies. Administrative violations are forwarded to the KPU, violations of the code of conduct are forwarded to the DKPP, and violations of electoral crimes are forwarded to the Sentra Gakkumdu (Integrated Law Enforcement Center). A concrete example of the violation of electoral crime is money politics regulated in Article 187A of the Regional Head Election Law. The purpose of this paper is to find out the problems in handling money politics in the Regional Head Election by the Sentra Gakkumdu Kabupaten Kendal so as to minimize the occurrence of money political practices in the Regional Head Election and the implementation of handling election violations in accordance with the rules so that the holding of elections is carried out in accordance with applicable regulations. This research is an empirical or non-doctrinal legal research with a qualitative approach. The techniques used in collecting legal materials in this study are observation, interviews, and documentation. The results of the study show that there are still several problems or obstacles faced by Sentra Gakkumdu, including community factors, law enforcement officials, and statutory factors..
Analisis Faktor Yuridis Penyebab Terjadinya Kekerasan Dalam Rumah Tangga Di Wilayah Ponorogo Riska Andi Fitriono; Lushiana Primasari; Cornella Fithria Khairunnisa
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.167

Abstract

Domestic violence is known to increase significantly from year to year. There are 4 forms of domestic violence, namely physical, psychological, sexual and economic violence. Of the several forms of domestic violence, there is physical and economic violence that often occurs in Indonesian households. This happens because of several juridical factors that influence the emergence of domestic violence, but there are 2 juridical factors that greatly influence the existence of domestic violence, namely cultural factors and economic factors. The aim of this research is to gain knowledge about the factors that cause domestic violence and how to resolve domestic violence using the concept of restorative justice. Apart from that, the main aim is to ensure that domestic violence cases in Indonesia do not increase. The research method used in this article is a library study approach because it collects data from books, journals, the internet, or other written literature as a basis for writing research.
Peran Yayasan SPEK-HAM Dalam Pencegahan Dan Pemulihan Korban Kekerasan Seksual Di Kota Surakarta Farahavisa Rifastya Mahfud; Subekti Subekti; Riska Andi Fitriono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.173

Abstract

Sexual violence is a serious problem that causes physical and psychological harm to the victims. In efforts to prevent and address sexual violence, cooperation from all elements of society is very much needed, including through community-based service provider organizations as a form of community participation. This is regulated in Indonesian Law on Sexual Violence, Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual (UU TPKS) Article 85 regarding Community Participation, both in prevention and victim recovery. The Solidarity Foundation for Women's Humanity and Human Rights (SPEK-HAM) in Kota Surakarta is one of the community-based service provider organizations that play an important role in providing various prevention and victim recovery programs in accordance with the mandate of Indonesian Law on Sexual Violence (UU TPKS). However, in its implementation, SPEK-HAM faces various internal and external obstacles in fulfilling its role as a community-based service provider organization. This study uses the empirical legal research method to analyze SPEK-HAM's participation in implementing the mandate of the Indonesian Law on Sexual Violence in efforts to prevent and recover victims of sexual violence, as well as the challenges it faces. The findings of this research indicate that SPEK-HAM carries out several prevention and victim recovery programs by conducting awareness-raising activities and collaborating with relevant stakeholders. The obstacles encountered in these efforts include internal obstacles from within the organizers of sexual violence prevention and handling, as well as external obstacles which come from the outside.
Restorative Justice terhadap Korban Tindak Pidana Kekerasan Seksual di Indonesia: Analisis Perpol No. 8 Tahun 2021 dan Studi Kasus Karawang Busyra Salsabila; Anita Zulfiani; Riska Andi Fitriono
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research examines the regulation of restorative justice under National Police Regulation (Perpol) No. 8 of 2021 on Handling Criminal Acts Based on Restorative Justice, and its implementation in a sexual violence case in Karawang. This research is motivated by the disharmony between Perpol No. 8 of 2021, Law No. 12 of 2022 on Sexual Violence Crime, and Law No. 20 of 2025 on the New Code of Criminal Procedure, which creates a legal loophole allowing sexual violence cases to be resolved through a deviant application of restorative justice. This research employs a normative-empirical legal method with a descriptive character using case, statutory, and sociological approaches. Primary legal materials were obtained through interviews with the victim's legal counsel, while secondary legal materials were gathered through literature study. The analysis was conducted using Aristotle's theory of justice and Lawrence M. Friedman's theory of legal certainty. The findings show that Perpol No. 8 of 2021 does not include sexual violence among criminal offenses excluded from restorative justice, contradicting Article 23 of the Sexual Violence Crime Law and Article 82 point (d) of the new Criminal Procedure Code. The application in Karawang was carried out through forced unregistered marriage without investigation, official case registration, or special case review, violating Perpol, the Sexual Violence Crime Law, and the new Criminal Procedure Code simultaneously. From Aristotle's theory of justice, this failed to achieve distributive or corrective justice. From Friedman's theory of legal certainty, uncertainty stems from weaknesses in legal substance, legal structure, and legal culture.