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All Journal Jurnal Daulat Hukum Law Development Journal

Umar Ma'ruf

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Author-ID : 3176332

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Juridical Analysis of Criminal Responsibility Performer on Children Aris Munandar Pamungkas; Umar Ma'ruf; Bambang Tri Bawono
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.4.1.1-8

The purpose of this study was to identify and analyze the factors that influence the occurrence of criminal acts of sexual abuse against children. To find out and analyze the criminal responsibility of perpetrators of sexual abuse against children. The method used by the researcher is empirical juridical approach and the specifications in this study were descriptive. The sources of data in this study were secondary data obtained from literature studies and the processing of the researched data was then analyzed qualitatively, namely the analysis of the data to produce data that was systematically arranged based on the laws and regulations, the opinions of experts and the results of the author's research. Based on the results of the study that Factors Affecting the Occurrence of the Crime of Child Abuse as follows: Environmental Factors, Cultural Factors, Economic Factors and Educational Factors.Criminal Liability of Perpetrators of Obscenity Against Children is prosecute perpetrators with criminal sanctions for perpetrators of sexual abuse of children according to the Criminal Code (KUHP), namely article 289. And with criminal sanctions for perpetrators of sexual abuse of minors according to Act No. 23 of 2002 concerning Child Protection, namely article 82.

Effectiveness and Problems of Implementation of Assistance for Witnesses Novita Irma Yulistyani; Umar Ma'ruf; Aryani Witasari
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.4.1.61-68

Proof of a crime, the evidence that must be met is at least 2 pieces of evidence. Evidence that must be submitted in proving a crime is evidence in the form of witness statements. Witness testimony will determine whether a crime can be proven or not before the trial. Considering the importance of witness testimony in proving a crime, it should be balanced with legal protection for witnesses, one of which is by providing assistance in the form of medical assistance, psychosocial rehabilitation and/or psychological rehabilitation. This study aims to answer the problems, namely: first, why is assistance needed for witnesses? second, has the implementation of providing assistance for witnesses been effective? Third, what are the problems faced in providing assistance for witnesses and what are the solutions? The research method uses sociological juridical with a legal research approach using secondary data as initial data, which is then followed by primary data in the field or on the community. Primary data was obtained by obtaining directly from the field through unstructured interviews, secondary data obtained through library research consisting of primary legal materials and secondary legal materials. Qualitative data analysis emphasized the analysis on the process of deductive and inductive inference as well as on the dynamics of the relationship between phenomena that observed using scientific logic. The research problems were analyzed using the theory of legal protection, the theory of legal effectiveness and the theory of justice. The results of the research and discussion of this study can be concluded that the reasons for the need for assistance for witnesses are because witnesses are very decisive evidence in the process of proving criminal cases, witnesses must be free and safe in giving testimony and many witnesses need medical assistance, psychological rehabilitation and/or or psychosocial rehabilitation. Regarding the effectiveness of assistance for witnesses, currently it has not been effective. This is due to the legal factors themselves, law enforcement factors and community factors. This is because there are problems from the lack of knowledge by law enforcement officers, the absence of rules that bind law enforcers, the absence of synergy between law enforcement agencies and the lack of socialization to the public regarding the assistance for witnesses.

The Criminal Law Policy Regarding the Death Penalty in Renewing of Indonesian Criminal Law Yudi Alvisahrin; Eko Soponyono; Umar Ma'ruf
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.4.1.170-181

This study aims to examine in depth the criminal law policy regarding the death penalty in the renewal of Indonesian criminal law. This research was expected to contribute ideas in the realm of literature in the field of Islamic law as well as input for observers and law enforcers to determine policies related to the death penalty law. To achieve this goal, this research was conducted by observing events or facts deemed relevant to the research, by collecting primary data and secondary data through a juridical-normative approach with qualitative analysis methods. The study with this theme can be concluded that the choice or stipulation of the death penalty as a means to tackle crime is essentially a policy choice. The concept of the draft Criminal Code issues the death penalty from the main criminal system and lists it as a special principal crime or as an exception (special) punishment. These laws are made to maintain the balance of human life in order to create harmony and order.

The Authority of the Police in Issuance of Music Performance Permits as Efforts to Control Security and Order Dian Rahayu Windyastuti; Umar Ma'ruf
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Aim This study is to determine and analyze the regulatory procedures for issuing music stage permits, the authority of the National Police in issuing permits for music performances as an effort to control security and order and factors inhibiting Polri's authority in issuing permits for music performances as an effort to control security and order. This study uses an empirical juridical approach. The conclusion of this research is about the Procedure for Issuance of Music Performance Permits, namely; The applicant brings the requirements (photocopy of ID card and musical performance record, then the officer provides a Community Service Accountability Statement, Environmental Permit Statement, Location Permit Statement, after completing a Music Performance Permit issued by the Chief of Police, which is then submitted to the permit applicant. . the authority of the National Police in issuing permits for music performances as an effort to control security and order. Provide permits and supervise public crowd activities and other community activities, Fostering the community to increase community participation, public legal awareness and obedience to the laws and regulations of the community, Maintain orderliness and ensure public safety. factors inhibiting the authority of the National Police in issuing musical performances as an effort to control security and order. There is a music stage permit that has not extended or does not make a Performance Recommendation, The time for a sudden permit application should be 7 (seven) days before the activity or event takes place, When the environmental permit statement is not approved by the environment around the location of the event

The Law Enforcement in Implementation of Diversion on Children in Confrontation with the Law Nur Khasanah; Umar Ma'ruf
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

This study aims to analyze law enforcement in the application of diversion to children in conflict with the law. Constraints faced in applying diversion to children who are faced with the law and its solutions. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data which are then analyzed qualitatively using law enforcement theory and restorative justice theory. The result of this research is the action of transferring the settlement of juvenile cases from the criminal justice process to the non-criminal justice process. This diversion really needs child-specific handling that aims to provide the best interests of the child supported by adequate police human resources and the availability of legal assistance, community counselors, professional social workers and family / guardian and community support. Constraints faced a) Unifying Thoughts between Victims and Children in Conflict with the Law in order to Achieve an Agreement, b) Inadequate facilities and facilities, c) Community understanding of diversion is still lacking, d) Understanding of the community and other law enforcement officials on Diversion still lacking, e) The role of the community is still minimal, especially from the community who are victims, f) Cooperation with other agencies related to the implementation of Diversion has not been going well. Solutions to overcome these obstacles are a) Conducting separate meetings (caucuses) to unify ideas between victims and children in conflict with the law so that an agreement is reached, b) Optimizing facilities and infrastructure, c) Establishing Intensive Communication with Other Law Enforcement Officials. , d) Conducting Diversion Socialization among the Community, e) Making an Agreement on Supervision of the Implementation of the Diversion Agreement Results.

Implementation of Legal Protection Against The Criminal Acts of Children & Witnesses in The Criminal Action of Stealing Meta Permatasari; Umar Ma'ruf
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

The method used in this research is sociological research methods. This approach is directed at the setting and the individual holistically (intact). So, in this case it is not permissible to isolate individuals or organizations into variables or hypotheses, but it is necessary to see them as part of a whole. The purpose of this research is to analyze and explain: 1) The factors that encourage children to commit the crime of theft in the jurisdiction of the Semarang City District Attorney, 2) Implementation of Legal Protection for Child Perpetrators and Witnesses in the Crime of Theft in order to realize the principle of best interests Children in the Semarang City District Attorney, 3) Factors that hinder the implementation of legal protection for child perpetrators and witnesses in the crime of theft in order to realize the principle of the best interests of children in the Semarang City District Attorney and what is the solution. The results showed that The factors that encourage children to commit criminal acts of theft include: family, education, economy, social factors. The implementation of legal protection for children of perpetrators and witnesses in criminal acts of theft, namely by making efforts to resolve children's cases outside the judicial process, preventing children from being deprived of liberty, encouraging the public to participate and instilling a sense of responsibility to children. Factors that hinder the legal protection of children of perpetrators and witnesses in criminal acts of theft, namely: the investigation procedure file submitted by the investigator to the public prosecutor does not completely and clearly describe the perpetrator and victim in the occurrence of a criminal act.

Effectiveness Of Law Enforcement Implementation In Case Of Middle Assistance Oriented On Restorative Justice Moh. Suharto; Umar Ma'ruf
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study was to determine the implementation of a restorative justice system in cases of mild persecution in the community which has not been effective at this time. The method used in this approach is sociological juridical. Restorative justice is an alternative settlement of criminal cases which in the criminal justice procedure mechanism focuses on punishment which is converted into a dialogue and mediation process that involves the perpetrator, victim, family of the perpetrator/victim, and other related parties to jointly create an agreement on the settlement of a criminal case that is fair and balanced for both the victim and the perpetrator by prioritizing restoration to its original state and restoring the pattern of good relations in society Case LP/B/06/II/2018/Central Java/Res. Pbg/Sec. fret, The victim was subjected to physical violence by the suspect. Based on the report, the Mrebet Police Chief processed and completed the investigation file. The police chief through his authority directs to the victim that the case can be resolved by restorative justice. Even though he had refused, the victim finally agreed to make peace with the suspect. This also happened in the Grobogan area, where Ulil as the persecutor and Surip who was the persecuted party were facilitated by the police to make peace through restorative justice. However, not all of the community, especially victims of mild persecution, are willing to carry out legal settlements in restorative justice, where Ulil as the persecutor and Surip who is the persecuted party are facilitated by the police to make peace through restorative justice. However, not all of the community, especially victims of mild persecution, are willing to carry out legal settlements in restorative justice.

Implementation Of Complete Systematic Land Registration Services During The Covid-19 Pandemic Fitri Adhi Nugroho; Umar Ma'ruf
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is as follows: To find out the problems faced in PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office, to find out and analyze the implementation of PTSL services during the Covid-19 Pandemic at the Pekalongan City Land Office. This study uses a sociological juridical approach. Based on the results of the study, it can be concluded: (1) Existing Problems in PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, including: (a) The factor of social distancing so it is not allowed to carry out measurements as before the pandemic, thus progress of implementation becomes hampered, while there is still a PTSL completion target that must be met, (b) The budget factor of the ministry of ATR/BPN is saved for the needs of handling the pandemic, so that the target is reduced / unit costs are lowered / there is even work in the implementation of PTSL that cannot be paid, (c ) The time period for the announcement of physical data and juridical data differs between the Government Regulation and the Ministerial Regulation concerning PTSL, (d) The factor of law enforcement facilities,the presence of an invalid resident e-KTP has been brought to the sub-district office but is still not recorded in the KKP application so that the efforts made are to coordinate with the Population and Civil Registry Office of Pekalongan City, (e) The factor of low public interest in participating in the implementation of PTSL activities from from the beginning until the issuance of certificates in 2020 there were 504 certificates printed, 504 certificate signatures, and G. Scan BT PTSL 2020, (2) Implementation of PTSL Services During the Covid-19 Pandemic Period at the Land Office of Pekalongan City, the results namely Print Certificate: 504 fields, Certificate Signature: 504 fields, and G. Scan BT PTSL 2020: 504 fields.

The Role of State Attorney Prosecutors to Restore State Financial Losses in Criminal Actions of Corruption to Make Justice Widya Hari Sutanto; Umar Ma'ruf
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Corruption is very detrimental to state finances or the country's economy and hinders national development, so it must be eradicated in order to create a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. This study uses a sociological juridical approach, which in this case is related to the role of the State Attorney General in recovering state financial losses with the specification of analytical descriptive research. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study concluded that the role of the Tegal State Attorney Office in an effort to recover state financial losses can be reviewed in the theory of return on assets and theory of justice which are the most important parts in seeking to recover state financial losses. The return of state financial assets that has been attempted by the Tegal City State Attorney's Office through efforts to confiscate or seize state assets is in accordance with the perspective of justice. Referring to the theory of justice and benefit by placing criminal and civil responsibility on the perpetrators of criminal acts of corruption and their heirs, it is hoped that the state financial losses that occur as a result of these acts can be fully returned as a form of justice for the perpetrators, the state and the community who have been injured.

Advocates Role in Assistance of the Affected Using Sharp Weapons and Abusing Agus Ekhsan; Umar Ma'ruf
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Advocate profession is a form of respectable profession (Officium Nobile). The basis for the existence of an Advocate Institute (Legal Advisor) in Indonesia is Act No. 18 of 2003 concerning Advocates. Advocate Assistance is a process of providing ease of solving problems in facing legal processes from clients. The purpose of this research is to know and analyze prosecution procedures, to know and analyze the role of Advocates in the implementation of assistance to the accused and to find out and analyze the factors inhibiting the role of Advocates in the implementation of assistance to the accused of using a sharp weapon and persecution and how to overcome them in the Criminal Case Decision Number: 18/Pid.B/2020/PN Pti. This research uses type research empirical juridical approach, descriptive research specifications. The data used in this study are primary data obtained from field studies which are analyzed qualitatively using law enforcement and justice theories. Then for secondary data obtained from material documents or library materials. Research result conclude that The role of advocates in assisting the accused of using a sharp weapon and maltreatment on behalf of Danang Purwanto bin Parmuji against the verdict of case Number: 18/Pid.B/2020/PN Pti has been maximized with the existence of the right of the defendant's legal counsel to file a defense (Pledoi) of the public prosecutor's criminal charges, presenting a witness who defended the defendant, so that the verdict The Panel of Judges sentenced the defendant to a prison sentence of 4 (four) months and 15 (fifteen) days. It is hoped that in the future there must be moral values and justice for the creation of a common understanding of the law and according to the laws and regulations to achieve a fair legal process in society.

Co-Authors Abdul Haris Achmad Sulchan Afandi Afandi Agus Ekhsan Andrian Subarjo Ardito Yudho Pratomo Aris Munandar Pamungkas Aris Sophian Aryani Witasari Bambang Lasimin Arek Bambang Tri Bawono Cahyo Dwi Prakosa Carolina Da Cruz Dian Rahayu Windyastuti Eko Soponyono Fitri Adhi Nugroho Harjanto Mukti Eko Utomo Hendra Wahyudi Johan Benbella Putra Keris Aji Wibisono Meta Permatasari Moch. Isa Nazarudin Moh. Suharto Mohamad Sugiyarto Munsharif Abdul Chalim Ni Made Srinitri Novita Irma Yulistyani Nur Khasanah Nuryanto Nuryanto Oliestha Ageng Wicaksana Oscar Stefanus Setjo R. Sugiharto Sugiharto Riyanto Riyanto Roswati Dewi Sri Endah Wahyuningsih Sri Kusriyah Widayati Widayati Widya Hari Sutanto Wilmar Ibni Rusydan Yoga Ristamana Yudi Alvisahrin Yustisi Yudhasmara

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