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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah PAUD Teratai Jurnal Dinamika Hukum Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Jurnal Ilmiah Hukum LEGALITY Lectura : Jurnal Pendidikan Pena Justisia: Media Komunikasi dan Kajian Hukum Law Development Journal Sultan Agung Notary Law Review Audi Et AP : Jurnal Penelitian Hukum International Journal of Law Society Services Jurnal Ilmiah Sultan Agung Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora KOPEMAS Jurnal Konstatering TABELLIUS
Lathifah Hanim
Faculty Of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang
Religion Arts Humanities Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Accountability for Motorized Vehicle Owners Used By Children in Traffic Accidents (Case Study on Supreme Court Decision Number 1029 K / Pid.Sus / 2015) Yanto Risdianto; Lathifah Hanim
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.v3i1.8730

Abstract

The formulation of the problem in this study are: 1) parts of criminal liability of the owner of a motorized vehicle whose vehicle was used in a traffic accident Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 1029 K / Pid.Sus / 2015? And 2) how is the legal protection of children as perpetrators in traffic accidents Case Study of the Supreme Court's Decision No. 1029 K / Pid.Sus / 2015?The method used by researchers is juridical sociological legal approach and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from interview field studies. And secondary data obtained from literature studies relating to the theory of criminal liability and legal protection.Based on the results of that study The criminal liability of the owner of a motorized vehicle whose vehicle is used in a traffic accident by a child is not held accountable even if only as an inclusion, the child who commits a traffic violation or a traffic crime is the sole offender, even if the motorized vehicle used by permission of an adult, both his parents or other vehicle owners. The legal protection of children as perpetrators in traffic accidents has not been fulfilled as in the Supreme Court Decree No. 1029 K / Pid.Sus / 2015, the vehicle owner who surrendered his vehicle (car) was only made a witness in a traffic accident that resulted in a victim died, and the child became the sole culprit.Keywords: Liability; Criminal; Motorized Vehicles; Children.
The Role of Prosecution Related to Prosecutor's Demand in Enforcing the Criminal Action of Narcotics Septian Nanang Pangestu; Lathifah Hanim
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.v4i1.13884

Abstract

The objectives of this research are: to analyze prosecutors related to prosecutors 'demands in enforcing the narcotics crime law. To analyze the obstacles and solutions faced in making prosecutors' demands in enforcing the narcotics crime law.The method used by researchers isjuridical sociological approach to law and the specification in this research is including analytical descriptive. Based on the results of the research that the role of the prosecutor related to prosecutors' demands in enforcing the narcotics crime law has been fulfilled. The elements of a criminal act violating Article 127 paragraph (1) letter a of Act No. 35 of 2009 concerning Narcotics and it was proven to be against the law because the defendant had the intention to use methamphetamine himself or his own interests, while drugs can only be used for the benefit of developing science and technology. The obstacle is that witnesses who are majority members of the police, when called to be witnesses at trial, often do not attend the trial because they are busy with their superiors, which makes the prosecution process take a long time. The modus operandi in narcotics convictions is because the perpetrators work very well. To overcome the obstacles prosecutors carry out an activity, one of which is holding knowledge sharing meetings between law enforcers and related agencies, to gain unity in perceptions in handling Narcotics crime cases. Then carry out management improvements, so as to minimize the opportunity for narcotics crime to occur. Starting from the practice of handling narcotics crime, the first origin of narcotics crime is from one of the weaknesses of management.
Criminal Responsibility on Captain of Commersial Vessel by Act No 17 of 2008 on Voyage Subekhan Subekhan; Lathifah Hanim
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.v3i1.8396

Abstract

The cruise is one of the nation's transportation system that has a strategic importance and as a liaison and outreach throughout the territory of Indonesia's sovereignty and the potential beneficial role for society, both nationally and internationally. The problems of this study are: 1) Why the skipper commercial vessels should be responsible in case of Vesselwreck, 2) How does the skipper criminal liability due to accidents aboard commercial vessels according to Act No. 17 Of 2008 On Voyage? 3) Is it possible corporate criminal liability in accidents merchant vessel according to Act No. 17 Of 2008 On Voyage?Researchers used the method is legal normative juridical approach and specification in this study were included descriptive analysis.  Sources and types of data in this research is secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of legal certainty and criminal liability.Based on the results of research that skipper as a leader on the Vessel, is fully responsible for the safety of the Vessel, passengers and cargo during the voyage from the port of loading to the port of destination. Criminal sanctions needed to enforce these responsibilities, and sanctions that have been regulated in Act No. 17 Of 2008 on Voyage Article 244 paragraph (3) and (4), 20 Article 247 and Article 248 shall be punished with imprisonment beyond three (3) years or a fine of Rp 400.000.000.00, - (four hundred million). Obliged to take countermeasures, ask or give aid and spread the news of the Vesselwreck to others. If an accident occurs on board the skipper must be above board and record events such accidents in the logbook and reported to the harbor master. There are still many weaknesses of criminal responsibility in the corporation, among others: when the corporation is declared as a criminal, how the corporation is responsible, the types of sanctions what can be meted out to the corporation, not regulated penal substitute fines are not paid by the corporation and unregulated the offense to corporation. Because implementation guidelines in the draft penal Code there is renewal in the subject field of the offense and criminal liability system.Keywords: Commercial Vessels; Skipper; Criminal Liability.
Investigation Action Against Children Who Are Circulating Pharmaceuticals Stocks That Does Not Have Permission In Jurisdictions Police Resort (Polres) Kudus Indra Narotama; Lathifah Hanim
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4205

Abstract

This research to know the legal basis for investigation of cases of children who distribute pharmaceutical preparation which does not have a marketing authorization, the implementation of the investigation on the case of children who distribute pharmaceutical preparation which does not have a marketing authorization in the territory of the police station of the Kudus, barriers and solutions in the implementation of the investigation on the case of children who circulate preparations pharmacy that does not have a marketing authorization in the territory of the Kudus Police.The method used is empirical juridical methods. Specifications research used the descriptive analysis. Data was collected by interviewing the parties involved in research, direct observation and recording of documents.The results showed that the basic legal basis for investigation of trafficking cases and abuse of pharmaceutical preparations without a marketing authorization is Act No.36 of 2009 on Health, which sentencing criminal offense trafficking and abuse of pharmaceutical preparations without a marketing authorization provided for in Article 197, it refers to the the provisions of Article 106 paragraph (1) in the form of pharmaceutical preparations and medical devices can only be released after obtaining marketing authorization. The process of investigation of the case of children who distribute pharmaceuticals do not have a marketing authorization in the territory of the Kudus Police have been done by the procedural law in Indonesia, namely the Criminal Code, it is proved to have been implemented procedures Investigators action in the process of investigation. The process of investigation is also under the provisions of Article 189Undang Act No. 36 of 2009 on Health and Act No. 3 of 1997 on Juvenile Court and the provisions of Article 82 of Act No. 23 of 2002 on Child Protection. Barriers faced by investigators Kudus Police in carrying out investigation on the case of children who distribute pharmaceuticals do not have a marketing authorization in the jurisdiction of the Kudus Police is limited both the quantity and quality of human resources of law enforcement officers who understand the case for children, operating costs, low awareness of the witness in attending the examination process, the lack of legal awareness of the society and time specified in the investigation of cases children are very little, while filing must be submitted as soon as possible.Keywords: Investigation; Children; Pharmacy Circulation Without Permission.
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.
Granting of Loans Cooperative to Members who Affected by Flood (Study in KSP Forma Branch of Cirebon) Mangirim Limbong; Lathifah Hanim
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 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.v1i3.3402

Abstract

In this research using normative juridical approach reviewing and view and analyze problems based on the principles and the principles of law. Once we examine Cooperative Forma, found the research to solve the problem, namely (1) Cooperative Forma will provide loans conditional on the existence of collateral both objects move or do not move the location of the object collateral is never experienced flooding or close to the river, (2) Cooperative Forma will provide relief penalties and interest for the members of the flooded rice fields or fields that can to repay the loan.Keywords: Cooperatives; Loans; Jams; Natural Factors.
Effectiveness And Role Of The Food Duty Unit Of Police Region Of Central Java In Law Enforcement In The Field Of Food In The Regional Law Of POLDA Central Java Anggrin Gayuh Praptiwi; Lathifah Hanim
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.v2i3.5669

Abstract

The problems of this study are:effectiveness and the role of the task force food Central Java Police in law enforcement in the food sector in the jurisdiction of the Central Java Police to current and factors that influence the effectiveness of law enforcement in the food sector in the jurisdiction of the Central Java Police to current and effectiveness and role food task force in law enforcement in the food sector in the Indonesian National Police.The method used by researchers approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from interviews with field studies Kasubdit 1 Indagsi Ditreskrimsus Central Java Police, And secondary data obtained from the study of literature relating to the theory of law and law enforcement effectiveness.Based on the results of research that doing the duties and responsibilities of everyday office designated as the task force to conduct law enforcement, and improve the system in the handling of cases of food mafia that is still public concern with the following activities: monitoring the price and distribution of food; minimize the actions of speculators; monitor the potential emergence of cartel practices; prosecution of activities that are hoarding staple; Another prosecution of illegal activity related to food (mixing / deviation fertilizer, iodine salt is below standard, refined sugar, cooking oil used, etc.). Factors that influence the effectiveness of law enforcement in the field of food in the region of Central Java regional police law in force at the moment is the legal structure factor, the factor of the substantive law and legal culture factor. The effectiveness and the role of food in law enforcement task force in the food sector in the Indonesian National Police monitoring the prices of basic commodities in the markets and the results were evaluated every two weeks. The evaluation will be conducted to measure the effectiveness and benefits of the role of the Food Task Force.Keywords : Effectiveness; Role; Food Task Force; Law Enforcement
The Implementation Of Criminal Law To The Forester Of Land And Land Combustion In Blora Regency Solikun Ni'am; Akhmad Khisni; Lathifah Hanim
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 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.v3i2.9391

Abstract

The problems discussed in this study are how is the enforcement of criminal law against the perpetrators of forest and land burning in Blora Regency, as well as the factors inhibiting the enforcement of criminal law against perpetrators of forest and land burning in Blora Regency and its solutions. The approach method used is normative juridical, descriptive analytical research specifications. The data used is secondary data. Data collection method is a field study. The data analysis method uses qualitative analysis. As a knife for analysis, law enforcement theory, justice theory and legal certainty theory are used. The results showed that criminal law enforcement against perpetrators of forest and land burning in Blora Regency was not running optimally. This is evidenced by the absence of investigative efforts carried out by PPNS and the National Police in the crime of burning forests and land, so that there has never been a case of forest fires that has been resolved through a criminal route. Law enforcement efforts are preferred through preventive measures. The inhibiting factors of criminal law enforcement against forest and land arsonists in Blora Regency are the factors of laws where there is disharmony of laws governing forest and land burning crimes, difficulties in finding perpetrators and witnesses, limited costs in investigating forest crime and land and lack of public awareness. The solution to overcome these obstacles is to make criminal law the last resort in enforcing forest and land burning laws, not continuing forest fire cases to the investigation stage, and conducting socialization to the public about preventing forest and land burning.Keywords: Criminal Law Enforcement; Forest And Land Burning.
THE JUSTICE IN CREDIT AGREEMENTS WITH CLAUSULA STANDARD Lathifah Hanim
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.v7i3.13578

Abstract

Standard agreements have long been used in various contracts, the use of standard agreements is closely related to advances in the economy that require efficiency in spending costs, time and energy. A standard agreement is an agreement whose terms are standardized or determined by one party only, while the other party can only agree to it. The research objective is to determine and analyze the fairness of the credit agreement in the presence of standard clausulas. The research method uses juridical empirical. The results of the research are Contract justice can be seen in an agreement when both parties reach an agreement to bind themselves together without any pressure from other parties, in this case the contract is carried out voluntarily. Negotiations carried out in an agreement can also avoid one-sided contracts, and this is one of the first steps in creating a fair contract.
The Urgency of Legal Protection to the Trademarks in the Global Era Anis Mashdurohatun; Gunarto Gunarto; Lathifah Hanim
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3373

Abstract

Globalization is nothing but capitalism in its most recent form. Strong and rich countries practically control the world economy and smaller countries are increasingly powerless because they are unable to compete through Intellectual Property Protection including trademarks. The purpose of this research is to examine and to analyze the role of the State in providing legal protection Against trademarks, and factors that influence and formulate their legal protection policies. The approach method in this research is empirical juridical. The data used were primary and secondary data. The results of the research were analyzed analytical descriptively. The results of the study found that the role of the State in providing legal protection for trademarks of business people was not optimal, this was due to several factors including the low understanding of the importance of trademark intellectual property rights protection for businesses and society as consumers. Government policies globally through the Asean Economic Community Blueprint, which contains four main pillars, including the economic competitiveness of Intellectual Property Rights integrated with the global economy.
Co-Authors Abdul Syukur Aditya Rahma Wicaksono Adityo Putro Prakoso Ahmad Iksan Ahmad Ramadan Akhmad Khisni Akril Setiawan Amin Purnawan Anandayu Noor Anggiarini Anggrin Gayuh Praptiwi Anis Mashdurohatun Anita Afrelia Arafah, Arina Manasikana Arif Bahtiar Jefry Azhar Muzakir Azza Baharuddin, Alief Beni Aji Chatarina Umbul Wahyuni Demi Hadiantoro Devi Nindy Lestari Dewi, Rurin Mariyasi Dian Melina Didit Wardio Dini Amalia Fitri Djunaedi Djunaedi Dwi Fahri Hidayatullah Dwi Wahyono Dwijayanto, Kurniawan Yoganing Ely Cahyawati Erina Permatasari Fertin Fertin Fransiskus Saverius Nurdin, Fransiskus Saverius Gigih Bella Wicaksono Kenedy Gunarto Gunarto Gunarto Gunarto Gunarto Gunarto Gunarto H.Djunaedi H.Djunaedi H.Dwi Wahyono Halim Ady Kurniawan Hanif Dzaki Hartini Hartini Indah Rachmawati Indra Narotama Jawade Hafidz KERI SANTOSA Krisna Rendi Awalludin Kustiawan, M. Sjaiful Lia Malini Sari Lila Kurniawati Khisni Lutfia Syalwa Rufaida Mahali, M. Ubab Sohibul Mangirim Limbong Marcelelyan, Angelique Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Moch. Adimas P Mochammad Yefrie Dwi Oga Mohammad Shofii Noorman Noorman MS Noorman MS Noorman, MS MS. Noorman MS. Noorman MS. Noorman Muhammad Hakiki Dharmawan Muhammad Zaky Mushaffa Muhammad Zulfa Munsharif Abdul Chalim Munsharif Abdul Chalim Munsharif Abdul Chalim Ngadino Ngadino Noor Rachmawati Noorman, Mohammad Shofii Noorman Nor Hariani, Dea Nur Kusumah, Rizqa Nurcahyo Pratomo Widodo Peni Rinda Listyowati Pratis Widyalestari Priyo Utomo Purba, Ruth Cheline Eglesya Rahmanto, Ihsanat Fadhil Rifki Ardhianto Rinda Listyawati, Peni Ristanto, Sandy Chesar Ristikowati, Mei Rizki Adi Pinandito Rya Rizqi Amalia Saifuddin Saifuddin Semiyanto Semiyanto Septian Nanang Pangestu Seri Suharsa Siti Anggraini Siti Ummu Adillah Soegianto Soegianto Solikun Ni'am Subekhan Subekhan Sudiyo . Sukarmi Sukarmi Sulistyani, Ratu Vidi Tatik Arjiati Taufan, Taufan Tegar Kurnia Priambudi Vinorika Padmadayani Wahyu Sriyono Widhi Handoko Yalala, Nuranu Yanto Risdianto Yensih Yensih Yuhana, Shaza Refa Yuliana Zamrotul Khusna Yuniarto Prasetyo Aji