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Journal : Law Development Journal

Law Enforcement Against Criminal Acts with A Restorative Justice Approach in Case of Charity Box Theft Pardi Pardi; Gunarto Gunarto; Arpangi Arpangi
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.42-50

Abstract

The purpose of this study was to determine and analyze law enforcement against child crimes with a restorative justice approach in the case of theft of charity boxes. To find out and analyze the application of restorative justice in cases of theft of charity boxes. This study uses an empirical juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data which is then analyzed qualitatively. The results of this study are Law Enforcement Against Child Crime with a Restorative Justice Approach in the Charity Box Theft case that in the application of restorative justice, it is always carried out for children who are perpetrators of criminal acts. In some cases, the restorative justice efforts can obtain an agreement by each party, so that the case is not continued to the prosecution level. The application of restorative justice is only for minor crimes, with a mediation process by deliberation. Application of Restorative justice in the Charity Box Theft Case carried out based on consensus deliberation between the victims, perpetrators, and community leaders, where the parties are asked to compromise to reach an agreement. Each individual is asked to give in and put the interests of the community above personal interests in order to maintain mutual harmony. The concept of deliberation has proven to be effective in resolving disputes in society amidst the failure of the role of the state and courts in providing justice. With the application of restorative justice, the case stops until the investigation stage or is not forwarded to court.
The Restorative Justice Effectiveness In Law Enforcement Of Damage Of Goods Crime Vikha Anief Obaydhillah; Gunarto Gunarto
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (683.077 KB) | DOI: 10.30659/ldj.3.3.613-620

Abstract

Legal settlement based on restorative justice in the crime of destruction of goods is basically a more effective and efficient solution, however, not all people are willing to carry out this legal effort. This study aims to analyze more deeply the position of restorative justice in law enforcement in cases of destruction of goods. The research approach used is sociological juridical. The results of the analysis in this paper find the fact that the settlement of cases based on restorative justice which is carried out through legal remedies outside the court basically has advantages. The main advantage of resolving cases including criminal cases outside the court with alternative dispute resolution (ADR) is that decisions made by the parties themselves (win win solutions) reflect a sense of justice. However, this has not been effective in resolving cases of vandalism. This is shown by the data above which shows the lack of implementation of alternative dispute resolution in resolving criminal cases of vandalism in the community.
The Criminal Law Policies in Law Enforcement of Local Regulations on Smoking-Free Areas Dian Pramythasari Utamawati; Gunarto Gunarto
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (571.023 KB) | DOI: 10.30659/ldj.2.4.511-518

Abstract

The purpose of this research is as follows: To know and analyze criminal law policy in enforcing local regulations on No Smoking Areas. To find out and analyze the implementation in enforcement of local regulations on No Smoking Areas. To find out and analyzebarriers to implementing the enforcement of local regulations on No Smoking Areas and their solutions. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data which are then analyzed qualitatively. The result of this research is that the purpose of this policy is to provide human rights for citizens to obtain a clean, healthy and safe environment. Implementation in the Enforcement of Regional Regulations on No Smoking Areas is still not optimal as seen from the previous discussion there are still individuals or employees who have not complied with the regional regulations for no smoking areas. Barriers: a. A designated smoking area that is rarely used. b. Lack of employee awareness of comfort and health. c. There are still employees who have not complied with these regulations. The solution: a. The person in charge again provides outreach on the No Smoking Area Regional Regulation to employees. b. Provide sanctions in the form of fines. c. Improve communication about smoking rooms. d. Raise employees' awareness of the benefits of smoke-free areas.
General Election Law Position In The Enforcement Of Criminal Law Eko Nuryanto; Gunarto Gunarto
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (468.731 KB) | DOI: 10.30659/ldj.2.2.146-154

Abstract

The aim in this study, to find out and analyze the mechanism for law enforcement of election criminal acts based on the General Election Law. In this research, the writer used sociological juridical method with the research specification in the form of descriptive analysis. The data used for this research are primary and secondary data. Based on the results of research that concludes, namely the mechanisms in the election criminal justice process based on Act No. 7 of 2017 concerning Elections through investigations in Article 479, investigations in Article 480 paragraph 1, prosecution in Article 480 paragraph 4, and court in Article 481 paragraph 1 The District Court exercises the authority to examine, adjudicate, and decide on cases where the process is carried out in a special court which still refers to the stages of the general criminal justice process in the Criminal Procedure Code.
Abortion Due to Rape in A Juridical Perspective and Human Rights Ila Ria Alfi; Gunarto Gunarto
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (474.742 KB) | DOI: 10.30659/ldj.2.3.272-278

Abstract

The problem of abortion due to rape is a social reality that is becoming increasingly prevalent in society. It is not uncommon in Indonesia that abortions are performed not because of health or age factors but because of shame and self-esteem. The purpose of this study was to determine and analyze the regulations regarding abortion due to rape based on Act No. 36 of 2009 concerning Health and a legal review of acts of abortion due to rape based on Act No. 36 of 2009 concerning Health and its relation to human rights. This study uses a juridical-normative approach and data collection techniques are carried out by collecting secondary data. The results of this study indicate that abortion cannot be done arbitrarily, there must be reasons and conditions that are met in accordance with statutory qualifications. Sanctions for violating these provisions can be subject to penalties. Judging from juridically, Act No. 36 Of 2009 concerning Health, Article 75 in particular paragraph (2) provides room for abortion for victims of rape. The article states that a pregnancy resulting from rape which can cause psychological trauma to the rape victim can be subjected to an abortion. In Article 9 of Act No. 39 Of 1999 concerning Human Rights paragraph (1) it is emphasized that everyone has the right to live, and to maintain life and to improve his standard of living. Human rights are basic rights that humans have since they were born.
Legal Protection On Children As Witness Of Victims In Criminal Justice Ria Latifah; Gunarto Gunarto
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (634.284 KB) | DOI: 10.30659/ldj.2.2.68-76

Abstract

Indonesia's legal protection is inadequate for children as witnesses of victims of criminal acts of decency in the criminal justice process. The objectives of the research include: To analyze the implementation of legal protection for children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court, To analyze the treatment of children as witnesses to victims of criminal acts of decency during the criminal justice process at the Kendal District Court and for analyzing the obstacles and solutions in providing legal protection to children as witnesses of victims of crime of decency in the criminal justice process at the Kendal District Court. In this study, a sociological juridical approach is used, an approach used in dealing with problems discussed based on applicable regulations and then linked to the reality that occurs in the community. Based on the research, the conclusion is: Implementation of Legal Protection for Children as Witnesses to Victims of Crime of Decency in the Criminal Court Process against children as victims of decency crimes in the form of legal protection in the form of: Restitution and Compensation, Counseling, Medical Assistance, Legal Aid and Information Providing. Treatment of Children as Witnesses to Victims of Criminal Actions of Decency during the Criminal Court Process Law enforcement officials still treat women victims of child sexual abuse as objects, not subjects that must be heard and respected for their legal rights and Constraints and Solutions in the Kendal District Court. The victim feels traumatized as a result of this case in providing testimony at the trial and the solution and solution to these obstacles is that victims of criminal acts of sexual immorality continue to be given support from both family and community.
Judge’s View Of Negligence Criminal Acts Which Cause Death In Traffic Scope Heri Joko Purnomo; Gunarto Gunarto
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (541.896 KB) | DOI: 10.30659/ldj.2.2.178-186

Abstract

The purpose of this research isto study, know and analyze the judge's point of view in the verdict of a case of negligence that causes the death of another person within the scope of traffic. In this study, the authors used sociological juridical methods with descriptive research specifications. The data used for this research are primary and secondary data. Based on the research, it was concluded that in positive law, the Defendant RK in case Number 186 / Pid.Sus / 2018 / PN.Jpa positively violated the provisions in accordance with the aggravating matter, namely the Accused's negligence caused the death of another person and also the Defendant did not have standardization driving license in the form of a driving license (SIM).
The Legal Protection Against Children Who Did Criminal Actions Through Diversion Masngud Afandi; Gunarto Gunarto
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (634.485 KB) | DOI: 10.30659/ldj.3.2.283-289

Abstract

The purpose of this study is to examine and analyze the legal protection of children who commit crimes through diversion in terms of the juvenile criminal justice system. This study uses a normative juridical approach. Based on the research, it is concluded that children dealing 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. 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. Arrested children must be deposited in 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.
The Role Of Prosecutors In Handling Eradication Of Corruption Crime Agustinus Dian Leo Putra; Gunarto Gunarto
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (694.655 KB) | DOI: 10.30659/ldj.3.2.232-239

Abstract

The purpose of this study is to examine and analyze the role of the Prosecutor's Office in handling criminal acts of corruption judicially. In this paper the author uses a normative juridical method. Based on the research, it can be concluded that the duties and functions of the prosecutor as an investigator of criminal acts of corruption are in accordance with the provisions of Article 284 paragraph (2) of the Criminal Procedure Code, the Prosecutor is still authorized to carry out investigations of special crimes in this case corruption. Eradication of corruption is to rely on the consistent treatment of Law on the eradication of corruption. 20 of 2001 concerning amendments to Act No. 31 of 1999 concerning the eradication of corruption. The prosecutor as an investigator concurrently serves as a public prosecutor in handling corruption crimes. Exceptions based on Article 284 paragraph (2) of the Criminal Procedure Code. The Criminal Procedure Code has relinquished the investigative authority from the prosecutor's office, and has been fully assigned to the police 
Legal Analysis of the Regulation of Legal Liability for Violations of the Law by Motorized Vehicle Owners Purwantono, Rivan Achmad; Gunarto, Gunarto; Tri Bawono, Bambang
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.344-357

Abstract

Based on the provisions of Article 14 in PP No. 18 of 1965 which regulates the liability of motorized vehicle owners in Indonesia, its implementation to date has not been fully realized. This is due to the complexity of the legal subjects responsible for the implementation of these provisions, which causes injustice to motorized vehicle owners. In certain situations, vehicle owners are not involved in an accident at all, as the vehicle is under their control. The core cause of this problem lies in the vagueness of the applicable regulations, which do not explicitly distinguish between individual and collective responsibility for traffic accidents. Therefore, research was sought to reconstruct the relevant norms, rules and regulations so that the implementation of Article 14 in PP No. 18 of 1965 can be carried out effectively. Several other regulations, including but not limited to Act No. 22 of 2009 and related regulations, have accommodated provisions regarding traffic law violations and accidents comprehensively. The results show that there was injustice for motorized vehicle owners because the accident did not occur when the vehicle was under their control. The arrangements in other regulations also indicated that the party who must be responsible for a traffic accident is the driver of the vehicle that caused the accident, regardless of his status as a vehicle owner or not. This phenomenon occurred due to the failure to clearly separate individual and collective responsibility for traffic accidents in the context of Article 14-PP No. 18 of 1965. In an effort to achieve balanced and accurate legal justice, it is necessary to revise and improve the relevant regulations to ensure a balance in the determination of responsibility in traffic accident cases.
Co-Authors A.A. Ketut Agung Cahyawan W Adi Prasetiyo Adiati Hardjanti Agung Riyadi Agus Dwi Santosa Agus Ekhsan Agus Hartanto Agus Setiawan Agustinus Dian Leo Putra Ahmad Mujib Rohmat Ahmad Yahya Ahmad Zaini AHMADI Akbar, Robby Akhmad Khisni Akhmad Khisni, Akhmad Alfian, Rudi Ali Djamhuri Ali Fakhrudin, Ali Andhika Widya Kurniawan Andita Rizkianto Anis Mashdurohatun Ansharullah Ida Apri Rahmadi Arief Rahman Siregar Arif Rachman Wahyu Wicaksono Arpangi Arpangi, Arpangi Aryani Witasari As'adi M. Al-ma'ruf Asep Suherdin Bagus Langgeng Prasetiyo Bambang Rudito Bambang Tri Bawono Bambang Tri Bawono Beno Beno Benyamin Ginano, Raihan Gautama Binyamin Binyamin, Binyamin Boma Wira Gumilar Bondan Zakaria Bushido Chaniago, Rizky Darwinsyah Minin Desi Ayuwati Ayuwati Dhona Anggun Sutrisna Dian Cahyo Wibowo Dian Pramythasari Utamawati Djuniatno Hasan Doddy Irawan Dwi Fahri Hidayatullah Eko Julianto Eko Nuryanto Eko Sarwono Eli Tri Kursiswanti Endah Wahyuningsih, Sri Endang Sulistyawati Etri Silviyanti Fadhilah, Raudhatul Fahrezi, Dian Fahrurrozi Fahrurrozi Faizal Indra Nor Cahyo Fakhrul Wildan Fariza, Muhammad Fasya, Muhammad Fatik Rahayu Fera Dyah Nur Oktavia, Fera Dyah Feriansyah, Feriansyah Fuazen Fuazen , Fuazen Govari, Muhammad Khoirul Gundiawan, Gundiawan Hadi Ismanto Handono, Reza Prasetyo Hendradiana, Asep Henny Pratiwi Adi Heri Joko Purnomo Heru Sulistyo Hidayat, Mahatir Muhammad Hildania, Hildania Hildania, Hildania I Nyoman Garjita Ibnu Hiban Ichsanudin Ichsanudin, Ichsanudin Ila Ria Alfi Insani, Rachmad Wahid Saleh Iqbal Rino Akta Pratama Isman Isman Iswahyudi, Prima Iswahyudi, Prima Iwan, Muhammad Jawade Hafidz Jeifson Sitorus Jelly Leviza Junaidi Junaidi Kadir, Adies Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Kusmaryanto Kusmaryanto La Pomaasaa Pomaasaa Lathifah Hanim Lois Yulianto M. Hasyim Muallim Masduqi Masduqi Masngud Afandi Medie, Medie Mizan, Muhammad Lazuardi Azra Moch Faizul Khakim Moh Priyo Manfaat Mohammad Solekhan Muchammad Qomaruddin Qomaruddin Muhamad Riyadi Putra Muhammad Iwan Muhlas Muhlas Mundhi, Mundhi Munsharif Abdul Chalim Mustar Mustar Nadiyon, Nadiyon Nenny Probowati Nur Chamid Nur Dwi Edie W Nurpasa, Wibowo Nurrahman, Rian Alfi Nurwahyudin, Dindin Syarief Pamungkas, Rendi Panjaitan, Tiara Robena Pardi Pardi Pratama, Reynold Mifta Prihartadi, Prihartadi Putra, M. Indra Eka Putra, Sanggrayugo Widyajaya RAMDHANI RAMDHANI Reni Widayanti Ria Latifah Rinna Dwi Lestari Risky Eko Novi Artanto Ristya Putri Asriyani Rivan Achmad Purwantono Rizki Maulana, Tubagus Vibi Rochmad, Miftakur Rustaman, Viva Hari Saputri, Pungky Lela Setiyani, Dwi Setiyani, Dwi Sianturi, Patar Mangoloi Sitoresmi, Sitoresmi Soegeng Ari Soebagyo Soeroso, Raka Aprizki Sri Anik, Sri Sri Endah Wahyuningsih Sri Kusriyah Sri Wahyu Murni Sri Yuliati Subiyanto Subiyanto Sufi Hamdani Kurniawan Suhanan, Aan Sukardi Sukardi Sukmanto, Adi Supriyadi, Ujang Suratno Suratno Suseno, Jarot Jati Bagus Suwarno Suwarno Suwito Suwito Syafaat, M. N. Tanduk, Tangke Margonda Teguh Anindito Teguh Prasetyo Tofan Alamsyah Tri Bawono, Bambang Utami, Putri Yuli Videawati, Videawati Vikha Anief Obaydhillah Vita Purnamiati Wahyu Adhi Admaja Wahyu Wahyu Warman Warman Widi, Prasetya Nugrahaning Wijanarko, Khansa Fara Yeremias Tony Putrawan Yogi Priyambodo Yuhana, Shaza Refa Yuni Ros Bangun Yusran, Fadhel Audia Yusriando Yusriando, Yusriando Yusuf, Adrian Hasfi Zainal Alim Adiwijaya, Zainal Alim Zulyan, M.