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ABUSE OF AUTHORITY OFFENSE THEOLOGICAL RECONSTRUCTION LAW ERADICATION OF CORRUPTION (LAW NUMBER 31 OF 1999 JO. LAW NUMBER 20 OF 2001) BASED ON VALUE OF JUSTICE As'adi M. Al-ma'ruf; Gunarto Gunarto; Sri Endah Wahyuningsih
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Tort has been established in Article 2, was misuse of authority by Article 3 of the Law on Corruption Eradication. Abuse of authority but also an act against the law, then Article 2 are also applicable in the case of the offense of abuse of authority. In practice at the Corruption Court, normally the public prosecutor filed a defendant to trial on charges subsidaritas, the primary charge Article 2 and Article 3 of the subsidiary charge. Most judges decide the primary charge is proven, and some other judges decide the primary charges not proven and proven subsidiary charges. Objective: to analyze the weaknesses of the offense of abuse of authority, and the subsequent reconstruction of the formulation of the offense of abuse of authority, based on the values of justice. Method : This is the paradigm of constructivism and sociological juridical approach, the analytical descriptive nature. Sources of primary data with field study to the Jakarta High Court Corruption, and secondary data in the form of decisions offense penyaahgunaan authority and literature in the form of legislation and literature books. The collected data were analyzed descriptively qualitative. Result : There are weaknesses in the formulation of Article 3, giving rise to discrimination against the accused. Therefore be reconstructed based on the values of justice, to redraft Article 3 to a penalty equal to Article 2, plus one paragraph to a penalty under minimal. Keywords: Reconstruction, Abuse of Power, Corruption, value of justice.
LEGAL PROTECTION PROBLEM OF WIFE AND CHILDREN OF POLYGAMY SIRRI IN INDONESIA Muhlas Muhlas; Gunarto Gunarto; Akhmad Khisni
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In order to ensure that the marriage of a citizen to the full protection of the State shall be recorded, the marriage already recorded shall in addition to obtaining legal force and assurance of legal certainty shall also ensure the legal rights of both the spouse and the child and of the marriage concerned that. Unmarried marriages will not have any protection and legal guarantees, so married couples and children born from unregistered marriages are always unable to access public services, whereas they are citizens who are constitutionally protected and have no discrimination. The state has given the rules in the form of law or other written regulations to be implemented by its citizens, but the facts on the ground there are still many people who are not obedient, many examples of marriage monogamy or polygamy is not recorded (layman's term called marriage Under the hand / sirri). Parties who are very loss in marriage are not recorded are women and children are born right, because for him does not have a clear legal basis. The purpose of the law is to give goodness and benefit to human beings, referring to the objective of Islamic law that in emergency / dhorury the rights of principle must come to the masses of people (for life, religion, descent, property and soul / mind); Whereas from marriage that is not recorded will be born human also. In principle the fifth principle of right must be owned by humans, then whatever the condition of married citizens are not recorded both monogamy and polygamy should be sought legal solution in order to get their legal protection as a citizen.
TAXES AND ALMS SEEN FROM ISLAMIC LAW Mohammad Solekhan; Gunarto Gunarto
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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State need expense to construction and welfare their people, for that the state revenue are needed. In Islamic law there are revenue that can be done through alms and taxes. But in the tax collection implementation, Islamic law had been giving a clear guidance either for Muslims or non Muslims. According to the scholars, the tax collection are allowed of it fulfill three criteria, that is: (1) taxes because to fund expenditure that are really needed to realized Maqasid Syariah; (2) the tax burden should not be to stiff to everyone capable to pay; (3) tax funds that has been collected are spent honestly for a good cause. There is a responsibility for Muslims to pay taxes if the treasury fund need it or empty. Those responsibilities are as a devotion to ulil amri, as stated in An-Nisa letter verse 59, which means: “O believer, obey Allah and obey his Prophets and ulil amri amongst you. Then if you different in opinions about something, then give him him back to Allah (Al quran) and Prophet (his Sunnah), if you truly faithful to Allah and for the next day. That is more important (to you) and better for it cause” Keywords: Taxes, Alms, Islamic Law
IDEAL RECONSTRUCTION OF REHABILITATION PUNISHMENT FOR NARCOTICS ADDICTS AND ABUSER'S VICTIMS JUSTIFIED BASED ON THE LAW OF THE REPUBLIC OF INDONESIA NO. 35 YEAR 2009(CASE STUDY IN SUMATERA UTARA PROVINCE) Ahmad Zaini; Gunarto Gunarto; Darwinsyah Minin
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The Law of The Republic of Indonesia No. 35 year 2009 article 54 states that every drug addicts and abusers’ victims shall undergo medical rehabilitation and social rehabilitation, affirmed on article 103 that explains the Judge who examines the case of narcotics addicts, may decide to order the concerned to undergo treatment and/or treatment through rehabilitation, if the narcotics addict are proven guilty of a crime of narcotics, or set out to order the concerned to undergo treatment and/or treatment through rehabilitation, if the Narcotics Addict is not found guilty of a crime of Narcotics. For the Law of The Republic of Indonesia No. 35 year 2009 above to be done, a Joint Regulation between 7 (seven) Ministries/Institutions about The Handling of Narcotics Addicts and Abuser’s Victims into Rehabilitation Institutions was made in order to create an equation of perception about the punishment that should be dropped for narcotics addicts and abuser’s victims defendants is for them to be punished or set in to rehabilitation. However, in Sumatera Utara Province the narcotics addicts and abusers victims defendants are obviously set to be imprisoned for 2 – 4 years long, or even more. In other words, the rehabilitation penalty is still so far from expectation compared to imprisonment. The purpose of this script is to acknowledge the obstacles and interferences that cause the Judge to set the narcotics addicts and abuser’s victims defendants into imprisonment more than to order and/or set them out to undergo rehabilitation treatment. It is also to look further to the investigation process by the investigator, continued by the prosecution by the Prosecutor, up until the Judge’s judgement and its implementation in correctional facilities or rehabilitation institutions. Furthermore, the ideal reconstruction that should be done in order to the Law of The Republic of Indonesia No. 35 year 2009 about the narcotics addicts and abuser’s victims to be effectively functionate, where the punishment of the narcotics addicts and abuser’s victims is to be judged or set out to undergo treatment through rehabilitation. The theories used in this research are 1) Grand theory, which is The Theory of Justice, 2) Middle theory, which consists of Theory of Protection and Theory of the Work of Law, 3) Applied Theory, which includes The Theory of The Purpose of Law and The Theory of Progressive Law. The Law of The Republic of Indonesia No. 35 year 2009 is based on justice, therefore it needs some reconstruction on the article 127 so that it would not create any doubt in the action because it is considered to develop ambiguous interpretation due to its indecisiveness that leads it to be the last article of the law in judging the narcotics addicts and abuser’s victims defendants position. The reconstruction of The Law of The Republic of Indonesia No. 35 year 2009 article 127 is expected to deprive the interpretation dualism of the narcotics addicts and abuser’s victims defendants.Keywords : Rekonstruction, Rehabilitation Punishment, Narcotics Addicts and Abuser’s Victims.
THE RECONSTRUCTION OFMADLIYAH AND IDDAH MAINTENANCE AND MUT'AH IN DIVORCE CASEFOR JUSTICE AND WELFARE Mustar Mustar; Gunarto Gunarto; Akhmad Khisni
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In 2015, divorce cases reached 457.493 (85,65%) out of 534.164 cases throughout Indonesia, 321.487(60,18%) cases were dominated by contested divorce cases.1 The most dominant factor of divorce in contested divorce cases is no liability (negligence) of husbands to wives, with the implication that wives' rights during marriage and after divorce are abandoned such as madliyah and iddah maintenance and mut'ah which are husbands' duty. Wives that sued husbands are categorized as nusyuz therefore the reception of madliyah and iddah maintenance is deprived, on the other hand, the reasons of divorce are dominated by the abandonment of wives, thus the definition of nusyuz needs to be reexamined, such as the abandonment of wives by husbands (unjust) is categorized as nusyuz or not. Texts or legal norms in the Compilation of Islamic Law only regulates wives' rights of post-divorce (iddah maintenance and mut'ah) ifthedivorce are at husbands' will or talaq divorce byjudges'ex officio (Article 41 letter c of Law No. 1 of 1974), or by counterclaim from wives for madliyah and iddah maintenance and mut'ah on a condition that wives are not nusyuz. The texts or legal norms in KHI for wives who filed for contested divorce are considered nushuz, thereforethey are deprived of their rights on, the latter is caused by no texts in the Compilation of Islamic Law that regulate it so that the contestants either through law power (advocates) as well as personal did not demandformadliyah and iddahmaintenancein their posita or their petition.
POLYGAMIC POLICY IN INDONESIA (Analysis of Polygamic Arrangements and Practices 1959-2015) Warman Warman; Gunarto Gunarto; Akhmad Khisni
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In essence, marriage is a sense of love, obligation, the fulfillment of sexual desire and resuming the descent. In Islam, a sense of love is the first pillar of a marriage. One principle of marriage is monogamy principle, where a man can have only one wife and vice versa (in time). Monogamy principle here is open or not absolute. These properties are not absolute monogamy principle set forth in article 2, paragraph 2, 4 and 5 of paragraph (1) of Law No. 1 of 1974 concerning marriage and regulated in article 55, paragraph 56 (1), 57 Compilation of Islamic Law; in fact, regulated, also in the Koran, that Q.S. An-Nissa paragraph 3. The term of polygamy itself is a term that is often present in everyday life. The term polygamy has a close relationship with marriage, both in new families and families who have been doing weddings Formulation of the problems discussed in this dissertation as follows: 1) How does the construction of polygamy laws and procedures set out in the legislation in Indonesia since the year 1959 to 2015? 2) How does the practice of polygamy since 1959-2015? 3) How is the reconstruction of polygamy ideal setting in the future? The method used in this research is using socio legal reserch method or can be called a sociological juridical approach. Constructivism paradigm is the paradigm of a social reality where truth is seen as socially constructed, and the truth of a social reality is relative. The results of this study were 1) the provisions laid down concerning the setting of polygamy in Indonesia as the basis of the implementation of polygamous marriage contained in the Act No. 1 Year 1974 on Marriage, KHI and government regulation No. 9 of 1975 concerning the Implementing Regulations of Law No. 1 Year 1974 on Marriage, then it is very optimistic and believes that the prospect of polygamy is getting better, and opens the possibility of polygamy for highly skilled and have a sincere intention for happiness and prosperity. 2) The debate is getting better when the draft law on marriage proposed to become law. Finally, after a long debate, monogamous finally set to be one of the principles but with an exception for people who are under the law and allowed to take more of a religion. 3) The doctrine of polygamy after the entry of the Prophet Muhammad and Islam became more orderly and has provisions in its implementation. A husband and wife have a maximum of only limited amounts to four people with the terms and conditions when it is able to be fair and able to provide maintenance to his wives. If a husband is not able to be fair and not be able to give birth to a living wives then it is better for a man married is only one person. Keywords: Polygamy, Polygamy Rules, Practice Polygamy in Indonesia
PENERAPAN PENEGAKAN HUKUM DISIPLIN POLRI DEMI TERWUJUDNYA GOOD GOVERNANCE AND CLEAN GOVERMENT DALAM RUANG LINGKUP POLDA JAWA TENGAH Nenny Probowati; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 13, No 4 (2018): December 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i4.1895

Abstract

The problem studied in this research is about the implementation of law enforcement of POLRI discipline based on Good Goverment and Clean Goverment to the members in POLDA Central Java and the weakness and solution to the implementation of law enforcement of POLRI discipline to the POLDA members of Central Java in order to realize Good Goverment and Clean Goverment.The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method.The results of this study ultimately provide an answer that the implementation of POLRI discipline based on Good Governance and Clean Goverment against members in POLDA Central Java is as the process of law enforcement in general in the process of law enforcement of police members against Central Java Police members are inseparable from the five factors comprise from legal factors, law enforcement factors, facilities and infrastructure, society and culture other than that weaknesses and solutions to the implementation of law enforcement discipline POLRI to the members of POLDA Central Java for the realization of Good Governance and Clean Goverment, related to the weakness is the legal awareness of members of the Police is still less and the environment / association is also a weak factor of enforcement of discipline, the solution is the conceptual law enforcement and law enforcement as a process must be realized by 1) Increasing the quality of Provost Police Investigators 2) Increasing awareness and kepa Polri's staff against discipline and 3) Procurement and management of supporting facilities for enforcement of Discipline Law.Suggestions from this research are to the police institution is expected to create more programs related to coaching members to minimize violations of police discipline and create members in accordance with the ideals of the police in order to realize the image of good and clean police.Keywords: Law Enforcement, Police Discipline, Good Governance and Clean Goverment.
IMPLEMENTASI PERATURAN DAERAH KOTA SEMARANG NOMOR 11 TAHUN 2000 TERHADAP PENGATURAN DAN PEMBINAAN PEDAGANG KAKI LIMA (Studi Pada Satuan Polisi Pamong Praja Kota Semarang) La Pomaasaa Pomaasaa; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 13, No 4 (2018): December 2018
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i4.1891

Abstract

Implementation of Regional Regulation of Semarang City Number 11 Year 2000 Against Arranging and Fostering of Street Traders In Semarang City conducted by Satuan Polisi Pamong Praja there are some cases which one of them is: Order of street vendors (PKL) who build permanent building that supposed the building can Dismantled pairs as listed in the Regional Regulation of Semarang City No. 11 of 2000 in Chapter V Article 8.The type of research used in this research is sociological legal research supported by empirical juridical. In relation to the type of research conducted is a sociological legal research because it departs from the existence of the gap in the principle / legal norms are blurred and void norms in the arrangement of street vendors in the city of Semarang.The results showed that in implementing the Local Regulation of City of Semarang Number 11 Year 2000 on the Arrangement and Fostering of Street Traders in Semarang City, the Pamong Praja Police Unit always use the method of arrangement by always trying to dialogue with Street Traders to find the best solution between the Police Unit Pamong Praja with a Street Trader to reach a mutual agreement. The collective agreement was made in order to avoid rejection at the time of the curbing which could result in clash between the Civil Service Police Unit and the street vendors which could result in both losses.Keywords : Implementation, Local Regulation, Arrangement and Guidance, Street Traders.
PERAN JAKSA DALAM PENANGANAN PELAKU TINDAK PIDANA NARKOTIKA (Studi Kasus Penyalahgunaan Narkotika Golongan I Yang Ditangani Oleh Kejaksaan Negeri Kota Semarang) Andita Rizkianto; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 12, No 3 (2017): September 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i3.1875

Abstract

Abuse of narcotics and drugs (drugs), especially narcotics in the city of Semarang, from year to year the number is increasing. No exception narcotics abuse, especially narcotics included in Group I with the criminal element that is handled by the Semarang City district attorney. The problems raised in this research are (1) How is the role of prosecutor in applying the element of criminal acts of narcotic abuse class I decision No. 774 / Pid.Sus / 2016 / PN Smg (2) What are the constraints and solutions related to the role of prosecutor in prosecution The handling of the perpetrators of the criminal acts of Narcotics Abuse I in Semarang City Public Prosecutor Office. The method used in this research is sociological jurisdiction, sociological juridical method is an approach that aims to describe a reality that exist in the field based on the principles of law and the legislation. The findings of this study indicate that, (1) Whereas the defendant has fulfilled the elements of the crime of article 127 paragraph (1) sub paragraph a of Law no. 35 on 2009 Narcotics proven against the law of using shabu (2) Witnesses who are mostly members of the police force, when called to witness in court are often not present in the court because of the busyness of their superiors. Solution: Prosecutors hold knowledge sharing meetings between law enforcers and improvement of management. Keywords: Role of Attorney, Narcotics Crime
PENEGAKAN HUKUM DI BIDANG PANGAN TERKAIT MIE FORMALIN DI WILAYAH POLDA JAWA TENGAH I Nyoman Garjita; Gunarto Gunarto
Jurnal Hukum Khaira Ummah Vol 14, No 1 (2019): March 2019
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v14i1.1888

Abstract

This Research results that : a) The implementation of law enforcement in the field of food related to formalin noodles conducted by Central Java Police, based on the Law of the Republic of Indonesia Number 18 Year 2012 on Food, set forth in Article 132, Chapter XIV, on Investigation is described as follows: (1) In addition to the police officers of the Republic of Indonesia, certain civil servant officials whose scope of duties and responsibilities in the field of Food are given special powers as investigators to conduct investigations in criminal offenses in the field of Food in accordance with the provisions of laws and regulations in the field of Criminal Procedure Law. (2) The civil servant investigator (3) The civil servant investigator as referred to in paragraph (1) shall inform the commencement of investigation to the police investigator officer of the Republic of Indonesia. (4) If the exercise of authority referred to in paragraph (2) requires arrest and detention measures, civil servant investigators shall coordinate with the police investigating officers of the Republic of Indonesia in accordance with the provisions of legislation. (5) The civil servant investigator as referred to in paragraph (1) shall submit the results of the investigation to the prosecutor through the police investigating officer of the Republic of Indonesia. (6) The appointment of civil servant investigation officers and procedures and investigation processes shall be carried out in accordance with the provisions of laws and regulations. b) Obstacles from Witnesses: People who know about criminal events often avoid being made witnesses. Witnesses often ignore / evade an investigator's call for questioning. Thus from some of these constraints, especially in the investigation process conducted by Police Investigator of Central Java, the Investigator can handle it as follows: c) Perform performance professionally. Obey the code of ethics Polri. Running the rules of applicable legislation. Keywords: Law enforcement, food, Formal Noodles
Co-Authors A.A. Ketut Agung Cahyawan W Abu Taher, Mohammad Adi Prasetiyo Adiati Hardjanti 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 Ali Djamhuri Ali Fakhrudin, Ali Amin, Al 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 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 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 Girsang, Junimart Govari, Muhammad Khoirul Gundiawan, Gundiawan Hadi Ismanto Hendradiana, Asep Henny Pratiwi Adi Heri Joko Purnomo Heru Sulistyo Hidayat, Mahatir Muhammad Hildania, Hildania Hildania, Hildania Hussain, Abdullah Al-Monzur I Nyoman Garjita Ichsanudin Ichsanudin, Ichsanudin Ila Ria Alfi Iqbal Rino Akta Pratama Irawan, Doddy Isman Isman Iswahyudi, Prima Iswahyudi, Prima Iwan, Muhammad Jawade Hafidz Jeifson Sitorus Jelly Leviza Junaidi Junaidi Kabir, Md Adnan Kadir, Adies Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Kusmaryanto Kusmaryanto La Pomaasaa Pomaasaa Lathifah Hanim M. Hasyim Muallim Masduqi Masduqi Masngud Afandi Medie, Medie 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 Nenny Probowati Nur Chamid Nur Dwi Edie W Nurpasa, Wibowo Nurrahman, Rian Alfi Panjaitan, Tiara Robena Pardi Pardi Pratama, Reynold Mifta 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 Sarwono, Eko 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 Sukmanto, Adi Supriyadi, Ujang Suratno Suratno Suseno, Jarot Jati Bagus Suwarno Suwarno Syafaat, M. N. Tanduk, Tangke Margonda Teguh Anindito Teguh Prasetyo Tofan Alamsyah Tri Bawono, Bambang 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 Yuni Ros Bangun Yusran, Fadhel Audia Yusriando Yusriando, Yusriando Zainal Alim Adiwijaya, Zainal Alim