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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah The Indonesian Journal of Business Administration SINTEK JURNAL: Jurnal Ilmiah Teknik Mesin Rekayasa Mesin Eksergi: Chemical Engineering Journal Jurnal Dinamika Hukum Majalah Ilmiah MOMENTUM Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Indonesian Journal of Islamic Literature and Muslim Society Journal Of Nursing Practice Jurnal Pengabdian Masyarakat AbdiMas Aquacultura Indonesiana Indonesian Journal of Community Services Jurnal Abdi Insani Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Law Development Journal Sultan Agung Notary Law Review Indonesian Journal of Advanced Research (IJAR) Jurnal Medika: Medika International Journal of Industrial Innovation and Mechanical Engineering Majalah Teknik Mesin
Gunarto Gunarto
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Police Role in Crime Investigation of Fencing Article 480 of the Criminal Code (Study in Polres Demak) Dwi Fahri Hidayatullah; Gunarto Gunarto; Lathifah Hanim
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.v2i4.8288

Abstract

The purpose of this research identify and analyze the role of the police in criminal investigation of Fencing of Article 480 of the Criminal Code in the jurisdiction of Police Demak and barriers and solutions encountered police officers in criminal investigation of Fencing.The method used is the method of normative and juridical sociologic, the specifications in the study was a descriptive analytical methods of population and sampling are all objects or all of the symptoms or the entire event or the entire unit to be studied, data collection techniques using literature study and interviews, data analysis is qualitative.Result: according to the Criminal Investigation: Examination of the scene, Investigation, Manufacture Minutes, examination of evidence: The search, seizure, Remarks experts, Arrest or Detention and examination of suspects, Resume, file submission. The obstacle is that not everyone knows, does not want to report to law enforcement agencies (police), collusion series of cooperation that is so neat, shrewdness suspect in storing the results of Fencing the Article applied a penalty of less leverage, less personnel in the Resmob Police Demak, because the territory and population is not proportional to the number of personnel Resmob Demak district police, the suspect did not provide information in a clear, witnesses' testimony did not support the investigation, evidence to be filed less, to overcome these obstacles, namely:Key Words: Police; Investigation; Crime; Fencing; Police Demak.
Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora) Nur Dwi Edie W; Gunarto Gunarto
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.v3i1.8429

Abstract

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code. Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.
Implementation Of Fully Required Elements In The Crime Of Planning Murder (Case Study In Blora State Court) Beno Beno; Gunarto Gunarto; Sri Kusriyah Kusriyah
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.v3i1.8404

Abstract

In principle, ordinary killings are different from premeditated killings, in terms of actions that kill the lives of others, but some are carried out in a timeframe, structured and planned. In this research, the formulation of the problem formed is how is the implementation of the requirements for the fulfillment of elements in criminal acts of premeditated murder? And what are the obstacles in deciding the case of premeditated murder in the Blora State Court In the research carried out, the writing uses a sociological juridical approach, that is research that uses the method of approach to the problem by looking at the norms or laws that apply and see the implementation of the facts contained in the field. The results of the study as an answer to the formulation of the problem are (1) The element with the first plan is not a form of deliberate but in the form of how to form intentions / Opzet which has 3 conditions namely the Opzet was formed after being planned in advance, after people planned (Opzet) in advance, and planning the implementation of the "Opzet" requires a rather long period of time. (2) The obstacles of the judge in prosecuting the perpetrators of the crime of planned murder come from internal and external factors.Keywords: Fulfilled Requirements; Elements of Criminal Acts; Planned Murder.
Reconstruction of Life Imprisonment in Prison System in Indonesia Boma Wira Gumilar; Gunarto Gunarto; Akhmad Khisni
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.v2i4.8348

Abstract

The most important part in a Book of Criminal Law (Penal Code) is a prison, because the prison contains rules about the size and implementation of the criminal. The position of life imprisonment in the national criminal justice system is still considered relevant as a means of crime prevention, it can be seen from the number of offenses punishable with life imprisonment. However, life imprisonment is considered contrary to the penal system. This study aims to investigate the implementation of life imprisonment, weaknesses, and the solution in the future. The approach used in the study is a non-doctrinal legal research with socio-legal research types (Juridical Sociological).The results of research studies show that life imprisonment is contrary to prison system, and life imprisonment become an obstacle to fostering convicts back into society. Bill Criminal Code of September 2019 can be used as a solution to life imprisonment change in the future. Presented advice, in order to be disseminated to the application of the criminal purpose of the Criminal Code of Prison adopted in the future, so that the public and experts no longer make the criminal as a form of retaliation.Keywords: Reconstruction; Crime; Prison; Life Imprisonment; System; Corrections.
Legal Form of Relief Is Free Of Charge by the Person or Group of Advocate for the Poor (Study at Jurisdiction in Ex Residency of Cirebon) Tofan Alamsyah; Gunarto Gunarto
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.v3i1.8373

Abstract

The problems of this study are: 1) forms of legal assistance free of charge given to the person or group of poor people in the Ex Residency of Cirebon, 2) challenges and solutions lawyers to provide legal assistance free of charge at the Ex Residency of Cirebon, 3) forms of legal protection given for free of charge that given to the person or group of poor people in the Ex Residency of Cirebon in the future.The method used by researchers is legal approach empirically and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies members of the Police of the Police Ciwaringin and Secretary Untag Jaya, And secondary data obtained from the study of literature relating to the theory of justice and progressive law.Based on the results of research that form of legal aid free of charge is given to a person or a group of poor people in the Ex Residency of Cirebon, have been met by providing a list of advocates in the district police or through the Legal Aid Post (ZIP Bankum) in each court both the General and courts that exist in the jurisdiction of the Ex Residency of Cirebon. Problems were found in providing legal assistance free of charge to the poor, is not all lawyers enrolled in Posbakum and district police to and willing to help to the poor who need legal help; The solution needed is a regulation that requires all lawyers who have permits proceedings to register and willing to help the poor who need legal aid, and the obligation to serve as a form of professional advocate obligation to perform community service.Keywords: Legal Assistance Free of Charge; Advocate, Poor.
Notary Role In The Process Of Establishment Limited Liability Company (PT) Iqbal Rino Akta Pratama; Asep Suherdin; Gunarto Gunarto
Jurnal Akta Vol 6, No 3 (2019): September 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i3.5016

Abstract

The purpose of this study were 1) To determine the role of the notary in the process of setting up a Limited Liability Company (PT), 2) To determine whether the obstacles faced by the notary in the process of setting up a Limited Liability Company (PT) and the solution.The method used in this research is empirical juridical approach, juridical (legal viewed as the norm or das sollen), because in discussing the problem of research using legal materials (both the written law and the unwritten law or good legal materials primary or secondary law). Specifications research used in this research is descriptive, as explained, describe or disclose the legislation in force associated with the theories of law and positive law enforcement practice concerning these issues.Based on the results of this study concluded that 1) According to the Minister of Justice of the Republic of Indonesia No. M.01-PR.08.01 1996 on Procedures for Submission of Application and Approval of Deed of Establishment of the Limited Liability Company, that pengesahaan establishment of PT may be made by the founders together or proxies , can also by a notary, so there is no necessity notaries as public officials who approve their establishment of limited liability companies, but these roles can be carried out by the founder of the company. 2) Barriers faced delay problems often arise.For the notary, will make the process inefficient. Probes for the ongoing process difficult because of the lack of an online system that can monitor the manufacturing process. Solutions to overcome the obstacles faced by the notary in the legalization of the establishment Company Limited is a Limited Liability Company in the legalization of the establishment can be overcome with the Legal Entity Administration System electronically, as a matter of time and efficiency in monitoring the rights to this process.Keywords: Role; Notary Public; Limited Liability Company (PT)
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.
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