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Journal : Law Development Journal

The Analysis of Legal Evidence Case on Criminal Employment through Electronic Systems Somaerin Saputra; Anis Mashdurohatun; Latifah Hanim
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.4.1.33-41

Abstract

The purpose of this study is to find out and analyze legal evidence related to criminal acts of embezzlement through an electronic system. To find out and analyze the basis of judges' considerations in making decisions on criminal acts of embezzlement through an electronic system. The method used by the researcher is empirical juridical approach and the specifications in this study include descriptive analysis. As for the sources and types of data in this study, secondary data were obtained from literature studies. Data analyzed qualitatively. Based on the results of the study that Legal Evidence Regarding the Crime of Embezzlement Through Electronic Systems that the power of proving electronic evidence in criminal procedural law, the strength of all evidence is essentially the same, no one exceeds the other. Evidence in criminal procedural law does not recognize hierarchy. It's just that there are provisions that require the connection between one evidence and another. Therefore, in criminal procedural law there is complementary evidence.
Implementation of Criminal Sanctions by Public Prosecutor against Narcotics Abuse Prihananto Prihananto; Anis Mashdurohatun
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (703.272 KB) | DOI: 10.30659/ldj.2.3.294-301

Abstract

The purpose of this study is to describe and analyze the implementation, barriers and policies to overcome obstacles in the application of criminal sanctions by public prosecutors in prosecuting class I narcotics abusers at the Semarang City District Attorney. The method used in this research is juridical empirical, which is descriptive-analytical. The data used in this study are primary data and secondary data, which were obtained from interviews and literature studies, then analyzed qualitatively. The conclusions in this study are: (1) the application of criminal sanctions by the public prosecutor refers to the BAP and evidence provided by the police, which is based on the activities of the suspect when the police are arrested; (2) obstacles in the implementation of the application of criminal sanctions by the public prosecutor, including obstacles in terms of legal substance, legal structure and legal culture: (3) so that policies are needed to overcome these obstacles to achieve justice, including revision of articles in the Law. Narcotics Law, holding knowledge sharing, holding outreach, and coordinating with related agencies.
The Reforming Of Money Politics Cases In Election Law As Corruption Crime Wawan Setiyawan; Anis Mashdurohatun
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 (545.564 KB) | DOI: 10.30659/ldj.3.3.621-629

Abstract

This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.
Law Enforcement against the Criminal Action of Little Theft Ahmad Faisol; Anis Mashdurohatun
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 (502.442 KB) | DOI: 10.30659/ldj.2.4.647-657

Abstract

This study aims to identify and describe law enforcement against minor theft crimes based on Perma No. 2 of 2012. This study uses a normative juridical approach, which is descriptive and analytical in nature. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The result of this research is that law enforcement against minor theft crimes based on Perma No.2 of 2012 is carried out by judges by imposing fines from the general minimum limit to the specific maximum that has been adjusted, depending on the judge's discretion to consider the ability of the defendant and the economic conditions of the local community. There is an adjustment in the amount of the fine, then the problem of the value of the criminal penalty which is felt to be too low will be resolved, and the punishable fines that are threatened will be more in accordance with the development of the community. Imposing a fine for the perpetrator of minor theft will be more beneficial, both for the perpetrator, the community and the state itself, while for the victim, they will also receive justice.
Restorative Justice in Children's Criminal Jurisdiction System through Diversion Nur Indah Setyoningrum; Anis Mashdurohatun
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 (569.609 KB) | DOI: 10.30659/ldj.2.4.573-581

Abstract

Diversion is a constructive effort to rebuild social relations that have been damaged by criminal acts, basically diversion has relevance to the purpose of punishment for children. The formulation of the problem is 1) How is the implementation of restorative justice in the Juvenile Criminal Justice System through diversion at the Semarang City District Attorney, 2) What are the obstacles in the implementation of restorative justice in the Juvenile Criminal Justice System through diversion at the Semarang City District Attorney. The method used is juridical empirical. The results of this study are: 1) This is due to the need for time to adjust to the new regulations in effect, in order to meet the completeness of supporting infrastructure and equitable distribution of trained and reliable human resources in every judicial institution in various regions throughout Indonesia, especially those dealing with child crimes. 2) The child protection system is not working in every case of children who are in conflict with the law
The Protection of Investor Rights in Margin Transactions By Securities Companies when Force Selling is Performed Sulistyani, Ratu Vidi; Mashdurohatun, Anis; Hanim, Lathifah
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (683.113 KB) | DOI: 10.30659/ldj.3.4.774-789

Abstract

The purpose of this study is to analyze investor rights protection arrangements in the analysis of margin transaction financing and the implementation of investor rights protection arrangements in the analysis of margin transaction financing by Stock Exchange Companies when a share sale is forced. The research method applied is sociological juridical.The results of this study show The regulation on the protection of investor rights in the analysis of margin transaction financing by a Stock Exchange Company when a share sale is made by force has actually been regulated in a letter of agreement, which is stated in Bapepam-LK Rule Number VD6. The existence of these regulations has fulfilled the legal protection aspects for investors as regulated in the Civil Code, but has not fulfilled the investor legal protection aspects as regulated in the Capital Market Law and the Consumer Protection Law. The implementation of the protection of investors' rights in the analysis of margin transaction financing by the Stock Exchange Company when a forced sale of shares is carried out has been carried out through a contract accompanied by the implementation of an internal control system and the implementation of haircuts by the IDX.Keywords: protection, margin transactions, forced sell.
The Comparative Analysis of Consumer Protection Regulations in E-Commerce Transactions in Indonesia, Singapore and Malaysia Najati, Fia Agustina; Mashdurohatun, Anis
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.200-213

Abstract

Consumer protection for e-commerce transactions is a crucial thing that needs to be considered, starting from regulations, institutions, to implementation. It cannot be denied that consumer protection in Indonesia is not a priority for the government. This can be seen from outdated regulations, overlapping institutional authority, and ineffective implementation of law enforcement. Therefore, reform is needed by conducting comparative analysis between countries, for example with Singapore and Malaysia. The research method uses normative-comparative juridical research with a macro comparative approach. The research specifications used by the author are analytical descriptive and data sources through literature reviews using primary, secondary and tertiary methods. For data collection techniques, the author uses the library search technique. The research results showed that each regulation in each country has advantages and disadvantages, both in regulation and implementation. In Indonesia itself, regulations and their implementation still have many problems and need to be updated, especially in e-commerce (online) transactions. By updating these regulations, law enforcement can be strengthened and its implementation can be effective. Thus, preventing and reducing things that are detrimental to consumers and business actors.
The Weaknesses in Handling Fraud in The Capital Market Practices Suhanan, Aan; Gunarto, Gunarto; Mashdurohatun, Anis
Law Development Journal Vol 5, No 4 (2023): December 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.4.659-666

Abstract

The weaknesses of the legal substance relating to the handling of fraud in the Capital Market practices are fundamentally contained in the substance of Law Number 8 of 1995 on Capital Market ("UUPM"). Law enforcement has actually become one of the focuses of attention from law enforcers, such as in the case of state losses incurred due to fraudulent acts in the capital market committed by Perusahaan Gas Negara (PGN) is included in the criminal act of corruption because it indicates the elements of corruption. Officials at State-Owned Enterprises (SOEs) who commit fraud in accordance with the provisions can be categorized as corruption. Corrupt practices in the financial markets that cost the state large amounts of money have not gone unnoticed. Internationally, there is currently an effort to mainstream the financial sector into the jurisdiction of anti-corruption laws. This study concerns on the weaknesses of substance, structure, and legal culture regarding the handling of fraud in the Capital Market practices which is still lacking to overcome fraud related to the practices of Insider Trading.
Co-Authors Aaty El-Sonbaty, Atta Abdel Abiem Pandya Prasojo Achmad Sulchan Agus Finaningrum, Kiki Agus Supriyadi Agustina Suryaningtyas AHMAD FAISOL ahmad habibi Ahmad Zaki Mubarok Ahmed Rabie Akbar S, Muhammad Aqlizar Al-Farjani, Saleh Hashem Alfarizi Lubis, Muhammad Fathur Ananingati, Ananingati Andaryanti, Yuni Andhika Buana Prasadhana Andri Winjaya Laksana, Andri Winjaya Andrianto Budi Santoso Angga Nugraha Firmansyah Ar Rahiim Innash Arief Indra Kusuma Adhi Arif Zaenal Abidin Arpangi Arpangi, Arpangi Aryani, Fajar Dian Bagus Langgeng Prasetiyo Bahtiyar Efendi Bambang Tri Bawono Benseghir, Mourad Budi Setianingrum, Reni Budiman, H. Haris Cahaya Mutiara Mardiana Putri Cahyono, Ma’ruf Cristovão Pinto, Felix Dafitson Husthinob Daniel Yudi Christanto Denny Kusuma Derick Yunanda Desi Wulan Anggraini Dodi Jaya Wardana Efendi, Bahtiyar Eko Soponyono Elsonbaty, Atta Eman Suparman Endah Wahyuningsih, Sri Endah, Sri Endang Kusnandar Endang Yuniarti Erawati, Wahyu Ririn Eristadora, Stephanie Erny Herawati Erwin Aditya Pratama Esti Royani, Esti Eyrsa Setya Kurnia Fatma Wati Fauzia, Ana Fifian Leliana Fonaha Hulu Gholib Ivan Ali Gunarto Gunarto Gunarto Gunarto Gunarto H. Gunarto Hanung Hendratmoko Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Hendro Widodo Henning Glaser Hidayat Abdulah Holyness Nurdin Singadimedja I Made Dwi Jayantara I Putu Angga Feriyana Indah Nailal Muna Indana Fawaizah Indriasari, Evy Irene Svinarky Irwan Irwan Istiniyati, Istiniyati Jawade Hafidz Junaidi Junaidi K W, Jaka Kholifatul Aziz, Elfira Nur King On Putra Jaya Kismanto Kismanto Kristiawanto Kusuma, Andi Lathifah Hanim Latifah Hanim Latifah Latifah M. Ali Mansyur M. Hasyim Muallim Mahardika, Dinar Mahyuni Mahyuni Mariah S.M. Purba Masdoro, Masdoro Megacaesa Fuditia Fuditia Meta Suryani Moh. Abd Basith Mohamad Rofiqi Mohamed, Muhammad Azimuddin Mohammad Irfan Rifai Muhammad Azam Muhammad Azam Muhammad Dias Saktiawan Muhammad Fahrudin Muhammad Hilmi Akhsin Mukti Fajar Nur Dewata, Mukti Fajar Muna, Nailatul Najati, Fia Agustina Ngadino Ngadino Ni Made Srinitri Nizar Anwar Nur Indah Setyoningrum Nuridin Nurkhasanah, Aisyatun Nurul Masrifah Pradikta Andi Alvat Pratama Hapsari, Ifahda Prihananto Prihananto Purwatik, Purwatik Rabiie, Ahmed Rahmanto, Endy Satya Rekowarno Rekowarno Riska Fauziana Riskha Amaliya Lubis Rivan Achmad Purwantono Rizal Anugrah Bachriar Rudi Iskandar Sahal Afhami Saktiawan , Muhammad Dias Salman, Mohammed Abdullah Sari, Pebrina Permata Setiyawan, Deni Setyaningsih Setyaningsih Simanjuntak, Alden Juniedy Sisno Pujinoto Siti Rodhiyah Dwi Istinah Somaerin Saputra Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sugihartono, Bambang Suhanan, Aan Sukarmi Sukarmi Sulistyani, Ratu Vidi SUMIYATI SUMIYATI Supriyadi Supriyadi SUROTO Syafira, Nimasgari Dhaeyu Wildan Thomas Aquino A. S Tiyas Vika Widyastuti Toni Ariadi Efendi Tri Bawono, Bambang Tri Normalita Putri, Ajeng Tri Ulfi Handayani Waruwu , Ingati Margaretha Wawan Setiyawan Widya Putri Idayatama Yeni Ratnasari Yurulina Gulo Yusfandi Usman YUZURU, SHIMADA Zamrudi, Ehwan Zulfikar Hanafi Bahri