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All Journal Majalah Ilmiah Sultan Agung JURNAL HUKUM Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Masalah-Masalah Hukum ADDIN Jurnal Dinamika Hukum Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Hasanuddin Law Review KERTHA WICAKSANA DIVERSI : Jurnal Hukum ADDIN JHCLS Law Development Journal Sultan Agung Notary Law Review Jurnal Cakrawala Informasi (JCI) Jurnal Ilmiah Sultan Agung Enrichment: Journal of Multidisciplinary Research and Development
Jawade Hafidz
Faculty Of Law UNISSULA Semarang
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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Legal Protection For Victims Of Traffic Violations That Lead To Death (Case Study On Police Traffic of Rembang) Hengki Irawan; Sri Endah Wahyuningsih; Jawade Hafidz
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.v2i4.8349

Abstract

The purpose of this study is to know, shortly describe, analyze and assess the implementation, barriers, and the remedies to overcome obstacles in the legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang. The method used in this study, using a kind of sociological juridical research, analytical, descriptive, with data used are primary data and secondary data, and analyzed Qualitative. The results of this study are: (1) legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang preferably through peace settlement with restitution, (2) barriers in the legal protection for victims of terms: (a) the substance of the law: Act No.22 of 2009 and the Criminal Procedure Code has not been providing legal protection for victims and their families; (B) the legal structure: lack of personnel and infrastructure; and (c) the legal culture: the lack of public awareness; (3) the remedies to overcome these obstacles, in terms of: (a) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice.Keywords: Death; Victim; Traffic; Abuse; Legal Protection.
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.
Policy For Crime Murder Investigation By The Children In Polrestabes Semarang Erwin Chan; Jawade Hafidz
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.v3i1.8454

Abstract

Issues that will be examined are: 1) How do criminal investigations policy murders committed by children in Polrestabes Semarang today? 2) How is the investigation of criminal policy of murder committed by children who should have been in the Indonesian National Police?This study uses empirical juridical approach method, the specifications in this research is descriptive. Data collection methods use primary data with interview techniques. The data analysis method used is the analysis of qualitative data.The study concluded that: 1) Policy murder investigation of criminal offenses committed by children in Polrestabes Semarang today in addressing the crime of child offenders who commit criminal acts be routed into diversion pursuant to Act No. 11 of 2012 on the Criminal Justice System Child. 2) Policies murder investigation of criminal offenses committed by children who should at the Indonesian National Police should be able to: a) Understand the scope of the duties and authority of the Police Child Protection. b) know the Juvenile Justice Act, Child Protection Act, the Child Welfare Act and the UN Convention on the Rights of the Child. c) Ability to interpret and discuss the procedure done in dealing with children in conflict with the law.Keywords: Policies; Investigation; Children Crime.
Crime Investigation of Trade of The Human Body Organs on Criminal Investigation Police (Case Study Police Report Number: LP / 43 / I / 2016 / Bareskrim dated 13 January 2016) Yeremias Tony Putrawan; Jawade Hafidz; Aryani Witasari
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.v2i4.8442

Abstract

The purpose of this research know and analyze doubt enforcing the investigation of criminal trafficking of human organs carried out by the Criminal Investigation Police, to determine the factors that affect the implementation of the investigation of criminal trafficking of human organs carried out by the Criminal Investigation Police, to know the efforts the police in tackling the trade in human organs and factors inhibiting the Police in tackling trafficking in human organs.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: Implementation of the investigation of criminal trafficking of human organs in accordance with the Regulation no. 14 Of 2012 on Management Investigations. In the process, the investigator did not experience any problems in the arrest of the perpetrators, because in the process of investigation the investigator obtain complete information from the victim as well as by using techniques evident triangle obtained further evidence used to ensnare offenders. The factors that affect the implementation of the criminal investigation of organ trafficking the human body that carried out by the Police Criminal Investigation divided into two: a supporting factor comes from: the power of law enforcement officers who have sufficient personnel and high professionalism, Police efforts to combat trafficking in organs, namely prevention, eradication and prevention of the crime of trafficking of human organs by running strategy repressive functions, namely in the form of punishment with the most severe penalties. Factors inhibiting factor is the legal, law enforcement, means infrastructures, society and cultureKey words: Investigation; Crime; Trafficking; Human Organs.
Application in Lieu of Money Penalty to Corruption Actors Based on Act No. 31 of 1999 jo. Act No. 20 of 2001 on Combating Crime of Corruption Joko Hermawan Sulistyo; Jawade Hafidz
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018
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.v1i4.4142

Abstract

Corruption resulted in losses to the state, resulting in the combating creation also sought refund of the state financial losses. Imprisonment and fined, have not been able to restore the country's financial losses due to corruption, and have not been able to take money from the corruption of the perpetrators, so it needs an additional form of criminal punishment imposed for compensation. Compensation will be imposed by the judge, as much as possible the amount equal to the property magnified by of corruption. Convicts are given a grace period of one month already se-binding court decision to pay it off. If within this period has ended, then the prosecutor as an executor of the state may seize and auction off property of the accused. However, in criminal application for compensation, there are still obstacles, among which is the difficulty to trace the perpetrators of corruption money and annihilate, use / divert money of corruption in other forms. Efforts to do is to foreclosure and auction of property belonging to criminal and his heirs, ruling subsidiary imprisonment, as well as a civil lawsuit and financial administration.Keywords: Crime; Money Substitutes; and Corruption.
Implementation Of Article 240 Paragraph (1) Letters G Act No. 7 Of 2017 In The Making Of Combating Corruption Crime In Legislative Institutions (Case Study in KPU of Central Java) Nurul Fuji Sri Hastuti; Jawade Hafidz
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.v2i2.5415

Abstract

This study aims to: 1) identify and explain the implementation of Article 240 paragraph (1) letter g of Act No. 7 of 2017 by the Election Commission of Central Java, and 2) to assess and analyze the implementation of Article 240 paragraph (1) letter g of Act No. 7 of 2017 can realize eradication of corruption. The study used socio-juridical approach method to examine and discuss the issues that was raised, followed by conducting research and interviews in person at the Election Commission of Central Java, Semarang Corruption Court, Academician, Member of Party Politics and Society. As well as the author uses the theory of utilitarianism, to analyze the problem. The results showed: 1) ex-convict corruption are not allowed to run for legislative candidates in accordance with the regulations of PKPU No. 20 of 2018. 2) In Article 240 paragraph (1) letter g Electoral Act No. 7 of 2017 on the content of the article is general in nature so that the sentence can not be accommodated on the eradication of corruption because in the article does not explicitly include the prohibition of ex-convict corruption to be nominated again as legislative candidates. Keywords: Election; Legislative Candidate; Corruption Crime.
AN ETHICAL AND AN INTELLIGENT BUREAUCRATIC LAW REFORM Jawade Hafidz
Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i3.13579

Abstract

Bureaucracy and the law are two forces that must go hand in hand. Bureaucratic disregard the law when it goes limp bureaucratic system with no force because the bureaucratic system will not run when the law was abandoned. Bureaucracy in indonesia often look weak in a system. First rampant corruption in the bureaucracy is the main cause of dishonesty (actor) bureaucrats in understanding the nature of law. Breaking effects and misusing the mandate. Second, in our country as chaotic bureaucracy therein lies stagnation and the legal system in force when the bureaucracy that must be realized in accordance with the function and social role as a servant of the state. The third in the current law is enforced through a reformulation bureaucracy or bureaucratic reforms therein lies the role of bureaucracy is no longer comply with the law. Presence of bureaucracy in addition to be honest and transparent with the legal ethics bureaucracy is needed. Ethics is important in the bureaucracy. First, the existing problems in the bureaucracy becoming increasingly complex. Second, the success of development that has improved the dynamics and pace of change in the bureaucratic environment. Bureaucracy perform adjustment which requires discretionary power great.
NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA jawade hafidz
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1936

Abstract

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general.Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind is eliminating ego-sectoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation
KAJIAN YURIDIS DALAM ANTISIPASI KEJAHATAN CYBER Jawade Hafidz
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1466

Abstract

Cybercrime is one of the problems in Indonesia that its scope is derived from global international law. The rising rates of crime in the virtual world is influenced by factors ofcausality are difficult to obtain evidence by the action of the virtual world. When the Internetbecame accessible to everyone, they can do anything with the hunting of the target. Forexample, internet banking, hackers, search, can solve the data as amended rules becomefalse data. cybercrime is a common problem that we have to finish up with serious legalrules.In order to address the growing problem of cybercrime in Indonesia, the government makes laws and regulations specifically governing cyberlaw which were embodied as Act No. 11 of 2008 on Information and Electronic Transactions. Act No. 11 of 2008 as an effort to address cybercrime juridical and emperism, when Act No. 11 of 2008 not only addressed the issue of obscene or pornographic sites, but also establishes rules on electronic transactions is an umbrella rule of law in cyberlaw in Indonesia.
PELANGGARAN PERPRES NOMOR 54 TAHUN 2010 TENTANG PENGADAAN BARANG DAN JASA PEMERINTAH OLEH PENYEDIA BARANG DAN JASA ATAU PENGGUNA JASA DALAM PERSPEKTIF TINDAK PIDANA KORUPSI Jawade Hafidz; Agung Widodo
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1425

Abstract

The government as a provider of services to the community, is both basic services and basic semi- service the needs of society. Basic categories of services financed through the taxsystem, while the semi basic services financed through levies which essentially is a community participation in financing certain services in question. The research method using normativejuridical approach that was then analyzed qualitatively normative. The results obtained states that: 1).Implementation of Presidential Decree 54 of 2010 on the procurement of goods and services may not be helpful and not useful. This is because it turns out the implementation activities of government goods/services, violations can occur at anytime in any process. Potential violations in procurement of government goods/serviceshave occurred from the initial stage to the final stage, which can be divided into three phases:preparation, implementation phase, and phase. 2).Countermeasures violations carried out in the form of supervision over the course of Presidential Decree No. 54 of 2010 Concerning Procurement of Government Goods and Services so that they can minimize the potential for evil that can cause irregularities that led to the creation of unfair business competition.
Co-Authors Achmad Sulchan Adhitya, Bakhtiar Satria Agung Widodo Ahmad Masdar Tohari Ahmad Mujib Rohmat Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Apromico Apromico Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Arum Kurnia Sari Ary Yuniastuti Aryani Witasari Asmak UI Hosnah Avia Surya Ningrum Ayu Kartika Dewi, Kadek Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Cahyowati, Yeti Carki Carki Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Doni Cakra Gumilar Dwi Margono Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fitriani Akrima Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Hendy Hendariyadi Hengki Irawan Heri Mulyono Hikmatul Mahfiyyah Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Joko Hermawan Sulistyo Khairul Iman Susanto Khalam Faozy Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Makmaker, Petronela Yosinta Kelyombar Martin Anggiat Maranata Manurung Maryanto Maryanto Muhammad Azam Muhammat Teguh Safi'i Mursito, Bambang Nanang Sri Darmadi Ngadino Ngadino Norma Sari Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti Paruhum, Raja Toga Peni Rinda Listyawati Prasetia Wiranto, Agus Priyantono Priyantono Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Rizky Adi Prinandito Robertus David Mahendra Saputra Rois Harliyanto Saddam Hussein Sarbudin Panjaitan Satria, Moh. Pandu Putra Sebastian Wibisono Sefin Anggi Riyantika Setiyawan, Deni Sheila Indah Kurnianingsih Siswanto, Moh. Aris Siti Rohaeti Soegianto Soegianto Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Suwono Suwono Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Teguh Anindito Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Widayati Widayati Widhi Handoko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis