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KAJIAN YURIDIS MEDIASI PENAL DALAM PENANGANAN PERKARA TINDAK PIDANA PERBANKAN DI TINGKAT PENYIDIKAN Agus Hartanto; 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.v12i3.1873

Abstract

In this research the problem will be discussed is the implementation of Penal Mediation in handling Banking crime and weaknesses and solution of Penal Mediation implementation in handling Banking crime at investigation level.This research uses empirical juridical approach method. Empirical juridical is a procedure used to solve problems by researching secondary data first and then followed by researching primary data field or the community.The conclusions of this study are the extent of the field of study that must be explored in relation to the prevention and mitigation of criminal acts, but the prevention and mitigation of criminal acts, is in fact an inseparable link. Preventive action is expected to minimize the possibility of Criminal Acts in the banking sector, while although the prevention of banking crime through the operation of criminal law is intended to impose a defendant against the perpetrator, and provide protection from the criminal community, but on the other hand also has an adressat to provide deterent effect to prevent others from doing the same deeds as disguised in banking laws and other related laws. Keywords: Penal Mediation, Crime, Banking, Investigation
REKONSTRUKSI KONSEP KEBEBASAN HAK BERSERIKAT BAGI SERIKAT PEKERJA PADA HUBUNGAN INDUSTRIAL BERBASIS NILAI KEADILAN Gunarto Gunarto
Jurnal Dinamika Hukum Vol 10, No 3 (2010)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2010.10.3.97

Abstract

The concept of freedom of association for trade union rights provided for in Law No. 21 of  2000 on Trade Unions, aimed at providing protection of workers, and improve the welfare of workers. But social facts to still many industrial dispute, and there were so many layoffs. Legal research methods to use social research. So in this perspective, freedom of association for trade union rights are not viewed from the norms of  the country, but seen from the values of living in society, although freedom of association rights are influenced by state regulations. Construction of freedom of association for trade union rights as set out in Law No. 21 of 2000 on Trade Unions, still reflects the capitalistic character. The impact caused the number of industrial disputes and layoffs for workers, because employers view workers as a factor of production rather than as business partners. So the necessary reconstruction of freedom of association rights for workers with social justice based values to create a harmonious industrial relations. A reconstruction model using prismatic law, which took a good system of capitalistic model and the socialist model and the model adapted Pancasila industrial relations with the values of Indonesian.Keywords : Reconstruction, Freedom Right of Association, trade unions, justice
Law Enforcement On Agents Assignment/Transfer Tube Gas Subsidies To Non LPG Subsidies Fakhrul Wildan; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 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.v2i3.5636

Abstract

The problems of this study are: law enforcement against businesses diversion / transfer of LPG gas cylinders subsidized to non-subsidized according to the Law of Legal Metrology and Consumer Protection which handled by Special Criminal Investigation Directorate Central Java Police and barriers faced by the Special Criminal Investigation Directorate Central Java Police to businesses diversion / transfer of LPG gas cylinders subsidized to non-subsidized and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Eventhough sources and types of data in this study are primary data obtained from field studies with interview Central Java Police investigators Ditreskrimsus, and secondary data obtained from the study of literature relating to the theory of the legal system.Based on the results of research that law enforcement against criminal cases the transfer of gas in gas cylinders subsidized gas cylinder non-subsidized conducted by the Police Directorate of Special Criminal Investigation Police Central Java starting from reports from the public or the findings of its own from the police, subsequently reduced to a letter of assignment to conduct an investigation, and then do a degree case to begin their investigation. Constraints: the views of the legal system, structure, substance and legal culture. The solution is to provide the sanction of the crime of diversion of gas, so that the person must have a deterrent effect and does not make the crime of diversion of gas from happening again. In the event of transfer of LPG cylinder which disturb public, then the aggrieved community can make a complaint to the authorities.Keywords : Law enforcement; business communities; Legal Metrology; Consumer Protection
Mining Criminal Administration Without Permission (PETI) Theories, Facts, And Implementation Arif Rachman Wahyu Wicaksono; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 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.v2i3.5670

Abstract

This study aims to Obtain a new direction of PETI's criminal law enforcement that can be is implemented. Meanwhile, the research method used is a study of literature and cases around illegal and an analysis of a variety of developing thoughts and ideas. Based on the results of research and discussion, it was concluded that the implementation of the criminal administration in illegal was based on the principle of protecting common interests. The criminal application of illegal administration aspects contains three items, namely legal rules, government authority and legal relations. The legal rules are Formulated in the Mining Law and the legal relationship between the government as the mining manager and mining business stake holders through legal licensing instruments.Keywords: criminal administration; mining; licensing
Law Enforcement On Combating Crime Of Motorized Vehicle Theft In Jurisdictions Police Central (Case Study To Be Treated By Central Java Police) Wahyu Adhi Admaja; Gunarto Gunarto
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 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.v2i3.5657

Abstract

The purpose of this research is 1) To review and analyze law enforcement on the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police. 2) To analyze the factors that affect law enforcement on the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police. 3) To formulate a law enforcement solution to the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police in the future. The method used in this research is using empirical juridical and sociological law research can be named after the field research, including reviewing the applicable law and what happens in reality in society. In this study, the law conceived as an empirical phenomenon that can be observed in real life. The results of the research concluded that: 1) The enforcement of the law against eradication of theft of motor vehicles in the jurisdiction of the Central Java Police to control or solve crimes (political criminals) use two (2) means, namely: a) Means non penal is enforcement of the law against acts criminal use non penal facility includes the use of social means to improve certain social conditions, but indirectly affect efforts to prevent crime. b) Means Means penal penal is crime prevention with the use of criminal law 2) Factors that affect law enforcement on the eradication of theft of motor vehicles in the jurisdiction of the Central Java Police consists of internal and external factors. Internal factors are occurring of itself, while the external factor is a factor that is created from outside himself, these factors can be quite complex and varied. Social inequality, economic inequality, injustice, etc., are examples of the causes of crime originating from outside himself. 3) The enforcement of the law against eradication of theft of motor vehicles in the jurisdiction of the Central Java Police in the future is to optimize the investigation, effective and efficient course correction, through changes above are expected to materialize figure investigator professional, clean, dignified and beloved people are protected, be acknowledged and serviced. Such measures are reflected in the personal integrity of each investigator maid intact. Keywords: Law Enforcement; Eradication; Motor Vehicle Theft.
Legal Flexibility in Children Diversion Which Conflict With the Law (ABH) Case Study At Ex Residency of Cirebon Jurisdiction Muchammad Qomaruddin Qomaruddin; Gunarto Gunarto; Aryani Witasari
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.v3i1.8456

Abstract

Along with the development of the juvenile justice system practices that have been implemented so far as regulated in Act No. 11 Of 2012 on Child Criminal Justice System (Act of SPPA).The problems of this study are: the flexibility of implementation of diversion in the case of ABH at Ex Residency of Cirebon Juridiction, problems that exist and occur in carrying out the diversion case of ABH in the Ex Residency of Cirebon Jurisdiction, diversion in Case of ABH solutions in the future will come.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. While the sources and types of data in this study are primary data obtained from the field study interview. And secondary data obtained from the study of literature.Based on the results of research that In accordance with Act No. 11 Of 2012 on Juvenile Justice System, flexibility implementation of new diversion is the stage, which can be done at this stage of the investigation in Children Investigators, or at what stage in the Prosecuting Attorney of the Child, as well as examination by the Child Justice. Hampered that diversion is restricted by a minimum penalty of which may carry out a diversion, even if the victim and the perpetrator (ABH) has  versioned, it turns out if the criminal threat is more than seven (7) years, the diversion that has made News The event can be canceled and further processed to court for trial. Supposedly back in the Draft Bill which is being processed in the House of Representatives of Indonesia, should attempt a diversion in case the child is not constrained by the threat of punishment, because diversion is only mediation enforcement between criminal and victim that in application not sure in agreement.Keywords: Flexibility Law; Diversion; Children; ABH
Analysis Of Handling Practices On Corruption Crime By Police (Case Study In Special Criminal Investigation Police Directorate Of Central Java) Muhamad Riyadi Putra; Gunarto Gunarto
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.v2i2.5425

Abstract

Corruption is categorized as an extraordinary crime are not only a disaster for the national economy, but also a violation of the rights of social and economic rights of the people. Police officers as part of the legal system, the role is very particularly important in law enforcement anti-corruption law enforcement. Police as a sub-system of the Criminal Justice System, authorized to perform the duties of investigation of all criminal offenses in accordance with the Criminal Procedure Law and the regulations of other legislation including corruption cases, in addition to law enforcement agencies such as the Attorney and the Corruption Eradication Commission. The problem in this paper is handling practices of corruption by Indonesian National Police (INP) as the law enforcement sector which has authority in law enforcement against those specific criminal offense. The role of the police in handling corruption is a duty of inquiry and investigation against corruption by the Criminal Code, Act No. 2 of 2002, Act No. 31 of 1999 jo. Act No. 20 of 2001 and Presidential Instruction No. 5 of 2004. The function and authority of the Police in the investigation of corruption cases, the police play a very large in the case of law enforcement corruption. One of the functions of the Police in the investigation is the arrest, detention, search, and seizure. Keywords: Management; Crime; Corruptio; Police.
Concept of Criminal Law on Corruption of Corporate Criminal Liability System Based on Justice Value Abdul Kholiq; Gunarto Gunarto
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.v4i1.14205

Abstract

The purpose of writing is to analyze the corporate accountability system in order to impose crimes against corporations, and obstacles to imposing crimes against corporations. The method used is the statute approach and the case approach, the analysis method uses qualitative analysis with interpretation, and the data collection method uses library research. It can be concluded that corporations can be held accountable by using a system of absolute and substitute liability, and the obstacle is the application of a conventional criminal liability system and the difficulty of proving corporate wrongdoing. It is suggested that there is a common perception among law enforcers about the criminality of corporations.
The Efforts to Prevent & Eradicate Criminal Acts of Spreading Fake News and Hate Speech Bambang Tri Bawono; Gunarto Gunarto; Jawade Hafidz
Jurnal Daulat Hukum Vol 5, No 1 (2022): March 2022
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.v5i1.20205

Abstract

The purpose of this study was to identify and analyze efforts to prevent and eradicate the crime of spreading fake news in the community and to identify and analyze law enforcement against Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. Advances in technology have had many impacts on people's lives, including in terms of information and social interaction in society. The absence of boundaries in cyberspace often makes someone less wise in using social media on the internet. One of them can be seen in the issue of spreading fake news. The approach method used in this research is a sociological juridical approach. The results of this study indicate that efforts to prevent criminal acts of spreading fake news can be done through digital literacy and do not share or broadcast in cyberspace, unless the truth is known. Meanwhile, the repressive efforts made by the government against the crime of spreading fake news are the existence of the criminal provisions of Article 28 paragraph (1) of Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions. The novelty of this study is for law enforcement against the crime of spreading fake news starting from investigation, prosecution, examination of court trials to court decisions.
Analysis of State Court Of Batang Decision Number: 4 / Pid.Sus / 2018 / Pn Btg on Felony Obscenity Crime Based On Islamic Criminal Law Bagus Langgeng Prasetiyo; Gunarto Gunarto; Munsharif Abdul Chalim
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.v2i4.8352

Abstract

In the case of sexual crimes where the child victim, the victim could be the driving factors behind crime. For example, we say today is increasingly widespread promiscuity, children have been left free in terms of promiscuity and lack of supervision of their parents, the They were released along with others, go anywhere. So, with their innocence, they could be trapped in one association and exploited by the parties or adults who are not responsible. In such circumstances, the public, law enforcement officers and even a State shall be estimated on the protection and supervision of children, especially where children as crime victims of sexual crimes indeed very concerned and could undermine future portion of the prospective successor to the nation.Therefore, the authors are interested in writing this thesis titled "Analysis of State Court of Batang Decision No. 4 / Pid.Sus / 2018 / PN Btg About felony obscenity According to Islamic Criminal Law".In this study the authors use this type of research descriptive with normative juridical approach. Data were collected by literature study, observation and interviews. Methods of qualitative analysis.At the end of the study authors conclude that the author found consideration of the judge in the imposition of a criminal judgment against the defendant in Decision No. 4 / Pid.Sus / 2018 / PN.Btg compliance, that have noticed the elements of the criminal case, after seeing the Islamic law according to the author was still lacking and not worth the Hadd punishment. So the result rather than the judge's decision according to the author can not be unfair to the accused and the victim.Keywords: Juridical Studies; Felony Obscenity Crime; Islamic Criminal Law
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