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Umar Ma'ruf
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta Roswati Dewi; Sri Endah Wahyuningsih; Umar Ma'ruf
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.v2i4.8363

Abstract

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.
Progressivity Of Criminal Handling Fraud And Disease By The Directorate Of The General Criminal Reserse Of Central Java Regional Police (POLDA) Ni Made Srinitri; Umar Ma'ruf; Munsharif Abdul Chalim
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.v3i1.8777

Abstract

This study aims to determine and analyze the process of handling fraud and embezzlement by Central Java Regional Police Criminal Investigation investigators and the progress of handling fraud and embezzlement crime at the Central Java Regional Police Criminal Investigation Directorate. The approach method used is empirical juridical with descriptive analytical research specifications. The data used in the form of primary data and secondary data so that the method of data collection through field studies and literature studies. Data analysis method used is qualitative analysis. As a knife of analysis, the concepts of restorative justice, legal system theory and progressive legal theory are used.The results of the study concluded that the process of investigating fraud and embezzlement in the East Java Regional Police Criminal Investigation Directorate was in accordance with the provisions of the Criminal Procedure Code and the National Police Chief Regulation Number 6 of 2019 on Criminal Investigations. The progress in handling fraud and embezzlement in the Central Java Regional Police Criminal Investigation Directorate is related to the application of restorative justice in investigating criminal acts that starts with two components of the legal basis, namely rules and behavior. The regulatory component appears from a number of legal rules regarding the application of restorative justice in investigations that have been regulated in police regulations,Keywords: Progressiveness; Fraud And Embezzlement; Restorative Justice.
The Criminal Sanctions Implementation of Personnel Sexual Violence on Under Age’s Children (Minors) Afandi Afandi; Umar Ma'ruf
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.v4i1.13886

Abstract

The objectives of this research are: To analyze and explain implementation of criminal sanctions for perpetrators of sexual violence against minors. To analyze and explain constraints and solutions implementation of criminal sanctions for perpetrators of sexual violence against minors. The method used by researchers is a sociological juridical legal approach and the specifications in this study are descriptive. Based on the results of the research that the implementation of criminal sanctions for perpetrators of sexual violence against minors according to Act No. 23 of 2002 can be implemented and applies Article 82 of Act No. 23 of 2002 and Article 290 paragraph 2 of the Criminal Code that the defendant is proven to have fulfilled the objective elements and The subjective elements contained in both articles carry a maximum penalty of 15 years in prison and a minimum of 3 years in prison. The obstacles are: a) when the perpetrator of a criminal act of sexual violence against children knows that he has been reported by the victim to the police. b) The investigator has limited time in processing files of the crime. c) Lack of information about the perpetrator also makes it more difficult for investigators to find the perpetrator. d) It is difficult for the investigator to obtain information from the victim who has severe trauma. e) In investigating criminal acts of sexual violence against children, one of the steps the investigator takes to obtain evidence of a criminal act of sexual violence against children is to take a post mortem. The solution is: a) the investigator takes steps to collaborate with the police from various regions to find the whereabouts and secure the perpetrator. 
Criminal Imprisonment for Criminal Offenses Insults the President after State Court Decision Number: 013-022 / PUU-IV / 2006 (Study on State Court Blora Decision Number: 47 / PID. SUS / 2017 / PN.Blora) Yustisi Yudhasmara; Umar Ma'ruf; Sri Endah Wahyuningsih
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.v3i1.8403

Abstract

The purpose of this study was to analyzing the impact of the juridical the removal of article criminal offense insult the president by the State Court Decision Number 013-022 / PUU-IV / 2006 as well as the consideration of Judges State Court of Blora in Decision No. 47 / Pid.Sus / 2017 / PN.Blora, as well as to analyze the existence of article insult the President in future be associated with the rise of social media.This study uses empirical juridical approach, the research specification descriptive. The data used in this study are primary data obtained from field studies that were analyzed qualitatively using the theory of criminal prosecution and criminal punishment, the theory of law enforcement and crime prevention theory. Then for secondary data obtained from ingredients documents or library materials.The final conclusion is that: The Impact of juridical when articles of insult against the President revoked, can damage the system in the inclusion of clauses concerning acts humiliation as a whole and also the revocation of article of insult against the President and Vice President do not have binding legal force so that their legal vacuum post the decision of the judge in the consideration while deciding the case No. 47 / Pid.Sus / 2017 / PN.Blora according to the indictment from the prosecutor. Because of Article 193 paragraph (1) of Act No. 8 of 1981 on Criminal Proceedings ( "Criminal Code") Existence of article insult the president in the future, should come up again all the rules, could reach the criminal insult the president with any form of media usedKeywords: Offense; insult the president; the State Court; RKUHP.
Comparison Of The Implementation Of Pre-Court Process Before And After The Constitutional Court Decision Number: 21 / PUU-XII / 2014 In The Batang State Court Moch. Isa Nazarudin; Umar Ma'ruf
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.v3i1.8684

Abstract

The purpose of this study is to describe and analyze the basis of the court's authority to examine and decide on pretrial lawsuits, analyze and describe the legal force of pretrial decisions regarding the illegitimacy of determining criminal suspects and describe the comparative implementation of pretrial proceedings before and after the Constitutional Court ruling Number: 21 / PUU-XII / 2014 in the Batang State CourtThis research uses descriptive research type with sociological juridical and normative juridical, data collection method with literature study, observation and content analysis.At the end of the study the authors concluded that although the Constitutional Court's decision was indeed final and binding and binding and legal remedies could not be made anymore (a final decision). However, that does not mean automatically changing the Criminal Procedure Code. Because these changes can only be made by official institutions appointed by the State, namely the President and the Parliament which are the state's decision. Pre-trial objects prior to the enactment of the Constitutional Court Decision Number: 21 / PUU-XII / 2014, consisting of: whether or not a forced act of force (in the form of: arrest, detention, search and seizure); the validity of the termination of the investigation or the termination of the prosecution; and compensation or rehabilitation of pretrial objects after the entry into force of the Constitutional Court Decision Number: 21 / PUU-XII / 2014, namely the addition of a pretrial object over the validity of determining the suspect. In addition, the implications of the a quo Constitutional Court ruling also affect the validity of arrest and the validity of detention must be based on the objective requirements of the investigator; through two pieces of evidence and an examination of a prospective suspect in order to fulfill the allegation of "preliminary evidence, sufficient preliminary evidence, and sufficient evidence".Keywords: Pretrial; MK Decision; Pretrial Object.
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

Abstract

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

Abstract

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

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.971 KB) | DOI: 10.30659/ldj.2.3.368-373

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (646.584 KB) | DOI: 10.30659/ldj.2.2.60-67

Abstract

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.
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