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All Journal Jurnal Cakrawala Hukum JURNAL HUKUM dan KENOTARIATAN BHIRAWA LAW JOURNAL MLJ Merdeka Law Journal SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Journal of Law and Legal Reform Jurnal To Ciung : Jurnal Ilmu Hukum
Nahdiya Sabrina
Magister Ilmu Hukum, Universitas Merdeka Malang
Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : MLJ Merdeka Law Journal

 1 
Kebijakan Legislatif Penanganan Perkara Tindak Pidana Perusakan Hutan yang Melampaui Limitasi Waktu Penyidikan Eduward Hutapea; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol 4, No 1 (2023): May 2023 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i1.11134

Abstract

 The background of this study is the inability of investigators to always meet the deadline for examining criminal instances of forest destruction set forth in Article 39 of Law Number 18 of 2013 for the Prevention and Eradication of Forest Destruction. In fact, it is still discovered that investigators cannot finish the investigation until the time limit expires, the investigation is not continued by the Public Prosecutor, and there is a condition that the Public Prosecutor cannot finish the continuation of the investigation, which is crucial to investigate. In order to determine how the legislative policy of investigating cases of forest destruction exceeds the time limit and how to regulate the investigation of cases of forest destruction in the future based on the materials existing law, this research is normative in nature. It is conducted in literature using normative qualitative analysis methods and descriptive content analysis methods.  The study's findings demonstrate that the time limit cannot be applied to all criminal investigations involving forest destruction due to a variety of factors. This, along with the fact that there is a P3H Institution that should have a uniform set of standards and the lack of technical provisions for investigators and public prosecutors, calls for a change in policy. Due to this, the study suggests that the time limit not be formulated in law but rather be regulated in technical provisions, completing technical provisions for investigations and complementing provisions for strengthening investigators due to the failure to realize the establishment of a P3H Institution. 
Peran Kejaksaan Negeri Malang dalam Upaya Pemberantasan Tindak Pidana Narkotika Putra, Ivan Praditya; Sabrina, Nahdiya; Ghufron, M.
MLJ Merdeka Law Journal Vol 4, No 2 (2023): November 2023 MLJ
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v4i2.11532

Abstract

The Prosecutor's Office, as one of the government institutions that provides public services in terms of law enforcement as an effort to eradicate narcotics, has the task of carrying out prosecution of criminal cases and investigation of certain criminal acts as well as other tasks stipulated by law. This research will examine the role of the prosecutor's office in efforts to eradicate narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office and what are the obstacles in eradicating narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office. The method used in this research is the empirical legal method. The results of this research state that the role of the Prosecutor's Office in eradicating narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office is carried out through penal policy. Then, the obstacles in preventing and eradicating narcotics crimes in the jurisdiction of the Malang Regency District Prosecutor's Office can be viewed from legal factors, law enforcement factors, means and facilities in law enforcement, community factors and cultural factors.
Penerapan Hukum dalam Tindak Pidana Penipuan dan Penggelapan Terkait Jaminan Fidusia Waskito, Indra; Sabrina, Nahdiya
MLJ Merdeka Law Journal Vol 5, No 1 (2024): May,2024
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v5i1.14037

Abstract

Fiduciary is a process of transferring ownership rights to an object based on trust, provided that the object remains in the control of the owner of the object. The implementation of this form of engagement is a hire purchase agreement between the creditor and the debtor, where this engagement does not always run smoothly. There are times when the debtor commits embezzlement, namely by deliberately transferring the hand of the fiduciary collateral object without the creditor's permission. The purpose of this research is to examine the application of legal regulations to debtors who commit criminal acts of fraud and embezzlement related to fiduciary guarantees and the basis for consideration by Supreme Court Judge Number 485 K/Pid/2020. The research method used is normative juridical. The results of this research include that in the Fiduciary Guarantee Law there are criminal sanctions for debtors (fiduciary givers) who commit acts of transferring fiduciary collateral objects without prior approval from the fiduciary recipient (creditor). Meanwhile, in the Criminal Code it is included in the crime of embezzlement, namely Article 372. The basis for the judge's consideration in deciding the case is 1). Whereas the defendant has been proven to have harmed the victim witness; 2). The defendant did not return the victim's losses.
Co-Authors Aena Linda Mustika Alifia Risma Marselyna Andrianto, Sis Nanda Kus Arif Widodo Aris Hardinanto Barda Nawawi Arief Dhaniar Eka Budiastanti Diah Aju Wisnuwardhani Edi Pramono Eduward Hutapea Enny Ristanti Fernando, Zico Junius Galih Puji Mulyono Ghufron, M. Hatarto Pakpahan Indrawati Indrawati Joko Setiyono Khotbatul Laila Laila, Khotbatul Lailawati, Fadilla Dwi Muhari Santoso Nahak, Artha Ulina Natalia Kristin Novita Listyaningrum, Novita Putra, Ivan Praditya Selvia Wisuda Setiyono Setiyono Setiyono Setiyono Setiyono, Setiyono Teguh Suratman Waskito, Indra Windy Natalia