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All Journal Jurnal Hukum PRO JUSTITIA Musamus Law Review Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Causa: Jurnal Hukum dan Kewarganegaraan Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Referendum Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Mahkamah: Jurnal Riset Ilmu Hukum
Firganefi Firganefi
Unknown Affiliation
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Pertimbangan Hakim dalam Penjatuhan Pidana terhadap Residivis Tindak Pidana Pembunuhan: Studi Putusan Nomor 7/PID.B/2023/PN KLA Sukowati Sukowati; Fristia Berdia Tamza; Eko Raharjo; Firganefi Firganefi
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 3 (2025): September : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i3.2648

Abstract

Criminal law aims to maintain order and justice in society through the criminalization of criminals. One form of serious crime is the crime of murder, which is expressly regulated in the Criminal Code. This crime is a serious concern given the high impact it causes, especially when it is committed repeatedly or by a rwsidivis. The recidivism case of murder contained in Decision Number 7/Pid.B/2023/Pn Kla shows the complexity in the criminal sentencing process. The defendant had previously been convicted in a murder case, but returned to commit a similar crime shortly after his sentence. The prosecutor demanded a sentence of 15 years in prison, and the judge ruled in accordance with article 338 of the Criminal Code without applying the criminal burden as stipulated in the provisions on recidivism. This raises questions related to the basis of judge's consideration and its relevance to the purpose of criminal law, especially in providing a deterrent and justice effect for the community. The problem in this study is what is the basis for the judge's consideration in imposing a criminal sentence on a recidivist for the crime of murder, and whether the verdict has fulfilled the purpose of sentencing a recidivist perpetrator of the crime of murder.
Tinjauan Kriminologis terhadap Pelaku Kejahatan Ekonomi: Studi Kasus Pengoplosan Pupuk di Kalianda, Lampung Selatan Muhammad Akhdan Mizanulhaq; Firganefi Firganefi; Fristia Berdian Tamza
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 3 (2025): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i3.1049

Abstract

This study examines the crime of fertilizer counterfeiting in the Kalianda area, South Lampung, which is a form of economic crime with a significant impact on the agricultural sector. Fertilizer counterfeiting not only harms farmers financially, but also disrupts the distribution of subsidized fertilizers and lowers trust in the legal system. This crime is driven by various factors, including economic incentives, weak supervision, and inadequate regulations. In addition, the existence of illegal distribution networks and the lack of effectiveness of law enforcement also exacerbate the problem. This study uses a normative juridical approach to analyze the legal aspects that govern the crime of fertilizer counterfeiting, as well as an empirical approach through interviews with law enforcement officials in the South Lampung Regional Police area. The results of the study show that the rampant counterfeiting of fertilizers is caused by economic pressure, weak law enforcement, and low public legal awareness. This practice is often carried out in a covert manner and is difficult to prove technically in the field. In addition, the alleged involvement of certain individuals in the illegal distribution network adds to the complexity of handling cases. This study recommends reforming the fertilizer distribution system that is more transparent, increasing supervision by law enforcement officials and related agencies, and strengthening regulations with the application of stricter sanctions. Efforts to increase public legal awareness are also an important aspect in preventing similar crimes in the future. In addition, the need for synergy between law enforcement officials, local governments, and the community is the main key in tackling this economic crime. The development of fertilizer distribution tracking technology, as well as education to farmers about the characteristics of real and fake fertilizers, is expected to be able to strengthen the protection system at the grassroots level.
Analisis Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Pembunuhan Pengidap Skizofrenia Paranoid Putri Cahya Andrianti; Firganefi Firganefi; Sri Riski; Eko Raharjo
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1253

Abstract

Criminal liability, also known as "criminal responsibility," is a legal assessment that is made after all elements of a criminal act are met or evidence of a criminal act is proven. The purpose of this assessment is to determine whether the defendant can be held accountable for the criminal act committed. This study specifically focuses on criminal liability for the perpetrator of murder who is a person with paranoid schizophrenia, as well as the factors that influence the act of murder. The approaches used in this study are normative juridical and empirical juridical juridical The research involved the Judge of the Gedong Tataan District Court and a Psychiatrist at the Regional Psychiatric Hospital of the University of Lampung as the main speakers. Data collection was carried out through literature studies and field studies to obtain a comprehensive picture related to the legal, medical, psychological, and social aspects of the case being studied. The results of the study show that the defendant, even though it is legally proven that he committed a criminal act as stated in Decision No. 105/Pid.B/2023/PN.Gdt, is bound by the provisions of Article 5 letter a juncto Article 44 Paragraph (3) of Law Number 23 of 2004 concerning the elimination of domestic violence. However, based on judicial, medical, and psychological considerations, the defendant cannot be criminally held liable for his actions for excused reasons related to mental disorders. Factors that affect this act of murder include psychological aspects, psychological conditions, mental health, traumatic experiences, and the social and family environment in which the perpetrator grew up. The analysis shows the importance of an integrative understanding between criminal law, psychiatry, and social conditions in determining criminal liability.
Implementasi Undang-Undang No. 35 Tahun 2009 tentang Narkotika dalam Mencegah Penyalahgunaan Narkotika oleh Kalangan Mahasiswa di Provinsi Lampung : Studi Polda Lampung Boby Pratama Jaya; Firganefi Firganefi; Dona Raisa Monica; Eko Raharjo; Refi Meidiantama
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 2 No. 3 (2025): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v2i3.1163

Abstract

Drug abuse among university students is a serious phenomenon that affects the social, moral, and intellectual aspects of the younger generation. Students, who are ideally positioned as agents of change and drivers of national development, are often found to be vulnerable to drug abuse. This study aims to analyze the implementation of Law No. 35 of 2009 on Narcotics in preventing drug abuse among university students in Lampung Province, as well as to identify its inhibiting factors. The research employs a normative juridical and empirical juridical approach, using primary and secondary data obtained through interviews, field studies, and literature reviews. Key informants include the Narcotics Directorate of the Lampung Regional Police, P4GN Unila, the Vice-Rector III for Student Affairs and Alumni at Unila, and lecturers from the Criminal Law Department at Unila. The findings show that the Lampung Regional Police have implemented preventive strategies such as counseling, campaigns, urine tests, and drug abuse education on campuses, as well as repressive strategies through law enforcement against students involved in narcotics distribution, with 283 recorded cases over the past five years. However, the effectiveness of implementation is still hindered by limited campus facilities (counseling centers, safe reporting systems), the lack of regulatory responsiveness to digital challenges, and low student trust in law enforcement. Therefore, prevention efforts need to be strengthened through cross-sectoral synergy, policy updates, and the enhancement of the role of universities in creating a safe, healthy, and drug-free campus environment.
Co-Authors Aisyah Muda Cemerlang Albertus Agung Hagai Beni Parhualar Sidauruk Boby Pratama Jaya Deni Achmad Dian Prayoga Diana Diana Dona Raisa Monica Dona Raisa Monica Edo Kurniawan Eko Raharjo Fardiansyah, Ahmad Irzal Fristia Berdia Tamza Fristia Berdian Tamza Gunawan Jatmiko Khoirunnisa Khoirunnisa Maya Shafira Muhammad Akhdan Mizanulhaq Muhammad Farid Nabil El Rosyad Nikmah Rosidah Putri Augustine Putri Cahya Andrianti Refi Meidiantama Rini Fathonah Sofia Ananta Sri Riski Sukowati Sukowati Zaila Sari