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All Journal Jurnal Daulat Hukum Pembaharuan Hukum Sriwijaya Law Review International Journal of Supply Chain Management Law Development Journal Sultan Agung Notary Law Review
Gunarto Gunarto
Faculty Of Law Universitas Islam Sultan Agung
Humanities Decision Sciences, Operations Research & Management Engineering Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Transportation

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Criminal Investigation Polres Kudus Unit Efforts In The Prevention Of The Corruption In Village Funds Management Luk Har Syan’in; Gunarto Gunarto; Widayati Widayati
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4208

Abstract

Interest and research efforts is to know the Kudus Police Criminal Investigation Unit of the Prevention of Corruption Within the Village Fund Management.Corruption as a criminal act detrimental to state finance, society and individuals, classified as white collar crime is the main enemy of the Indonesian people in addition to narcotics and terrorism. Combating corruption not only through law enforcement (repression) but preventive measures should be preferred. Village Fund aims to promote the welfare of rural communities through its programs, so that should be the prevention of irregularities in utilization as well as in the village in the village Karangmalang, District Gebog, KudusUnderstanding of research results Karangmalang village residents, still very little about corruption, as well as the importance of the role of citizens in preventing corruption adi trans particularly as regards management of village funds. There are some obstacles and constraints encountered in reality on the ground by the Society and the Village Padurenan, District Gebog, Kudus Regency in respect of the management of village funds, and in particular as prevention of corruption use village funds, but the fund management nice village, transparent, and accountable in accordance with the statutory provisions of supported community participation oversee and report slogans, as one prevention of corruption to increase the effectiveness fitas development and welfare of rural communities in the vicinity.Keywords: Prevention of Corruption Act; Village Fund.
Corporate Conception in Terrorism Based on Act No. 5 Of 2018 Parikhesit Parikhesit; Gunarto Gunarto; Maryanto Maryanto
Jurnal Daulat Hukum Vol 2, No 1 (2019): March 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.v2i1.4211

Abstract

Enforcement strategies terrorism has changed from that previously used the law enforcement strategy reactive (reactive law enforcement) to the law enforcement proactive (proactive law enforcement). Enforcement strategies are proactive expected to reach the corporate as well as those who are behind it as the founders, leaders and corporate board into the hands of the main perpetrators of criminal acts of terrorism.The purpose of writing is to know the conception of the corporation in criminal acts of terrorism and how the system of corporate criminal liability in criminal acts of terrorism under the Act No. 5 of 2018.Act No. 5 of 2018 recognize the corporation as a subject or as a criminal. While the forms of criminal acts committed by a corporation is the criminal acts committed by individuals. Thus the corporation can be said to be committing a crime as stipulated in the formulation of a criminal offense if the offense is committed by people on the basis of employment, or other relation, either individually or jointly, acting for and on behalf of the corporation in and outside the corporate environment.The setting is the principal criminal fines against corporations show that the conception of the corporation in criminal acts of terrorism under the Act No. 5 of 2018 is the third model is the corporation as a maker as well as corporate responsibility.Keywords: Corporate; Accountability; Terrorism.
CONCEPT OF APPRAISAL INSTITUTIONS IN ASSESSING THE VALUATION OF INTANGIBLE ASSETS ON SMALL MEDIUM ENTERPRISES INTELLECTUAL PROPERTY AS OBJECT OF CREDIT GUARANTEE TO IMPROVE COMMUNITY'S CREATIVE ECONOMY Anis Mashdurohatun; Gunarto Gunarto; Oktavianto Setyo Nugroho
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.19791

Abstract

This study aims to analyze the factors that affect the effectiveness of Intangible Assets of Intellectual Property of Small and Medium Enterprises as objects of credit guarantees, and the concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of Small and Medium Enterprises as objects of credit guarantees in order to improve the creative economy of the community. The method used in this research is empirical juridical. The data used are primary data and secondary data. Data collection techniques data collection through library research and field studies (through questionnaires, focus group discussions, and interviews). The results of the study found that the five factors that affect the effectiveness of Intangible Assets intellectual property of Small and Medium Enterprises as objects of credit guarantees are legal factors, law enforcement, infrastructure, society and culture. The legal factor that affects is there is no special legal product for public appraisers of IPR Intangible assets. In the practice, IPR intangible assets have not been accepted by all banks as objects of basic guarantees but only as objects of additional guarantees. It is caused by no trust from the bank toward the value of IPR as basic guarantees, there have been no appraisal institutions, and there is not intellectual property rights market yet, that makes IPR is not commonly used by banks and SMEs as IP owners. The concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of small and medium businesses as objects of credit guarantees, in order to improve the creative economy of the community, is necessary to form an appraisal agency through the products of laws and regulations. These regulations, among others, regulate the intangible assets of IPR, the purposes and objectives of the IPR assessment, the requirements to become an IPR appraiser, the function and authority of IPR assessment, the valuation method used, and so on.
THE LAW ENFORCEMENT AGAINST NARCOTICS CRIMINAL ACTIONS WHO SHOULD BE ON REHABILITATION Bambang Tri Bawono; Gunarto Gunarto
Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i1.20536

Abstract

The purpose of this study was to determine and analyze the process of law enforcement for narcotics crimes and the legal basis used as a reference for rehabilitation. The approach method used in this research is a sociological juridical approach. Criminal sanctions related to the five criminal acts above also have different consequences, depending on the type of narcotic class used. Criminal provisions regarding narcotics criminals possessing, storing, controlling or providing narcotics are regulated in Article 112, Article 117, and Article 122 of Act No. 35 of 2009 concerning Narcotics. In addition to the law prohibiting possessing, storing, controlling or providing narcotics, the Narcotics Law also explicitly regulates the prohibition of producing, importing, exporting, or distributing narcotics. The prohibition is regulated in Article 113, Article 118, and Article 123 of Act No. 35 of 2009 concerning Narcotics. The results of this study indicate that the process of law enforcement against narcotics crimes is carried out through investigation, prosecution, and examination in court. While the legal basis used by judges to rehabilitate narcotics criminals is: Supreme Court Circular No. 4 of 2010 concerning Placement of Victims of Abuse and Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation Institutions.
Legal Protection of Patient Rights in Indonesia Istiana Heriani; Gunarto Gunarto; Anis Masdhurohatun
Sriwijaya Law Review VOLUME 3 ISSUE 1, JANUARY 2019
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol3.Iss1.134.pp75-85

Abstract

This study examines the legal protection of patient rights in health services in Indonesia. The aims of the study are to find out how the legal protection of patients as consumers in receiving health services and what factors affecting the legal protection of patients’ rights in receiving health services. The method employed in this study is a normative study by analysing data obtained from library. The data gathered are in form of secondary data. All the data collected are analysed descriptive qualitative. The problem raised herein is Law Number 44/2009 Concerning the Hospital is not fully well implemented. The results showed that there were many factors influent the effectiveness of Law Number 44/2009 above. The conclusion drawn up that the malpractice in terms of providing medical care may cause disharmony between physicians and patients; the facilities and infrastructures in the health care provided for in the hospital do not support the patients’ rights to obtain health care. Any responsibility borne to the hospital may only in the case of the patients suffered from the malpractice. Should this happen the patients can submit any formal complain to the Court
Reconstruction of Pretrial Institution Function in Supervising Investigator Authorization Based on Justice Value with Moderating Role of Supply Chain Management Johny Khoesoema Hioe; Anis Mashdurohatun; Gunarto .; Irwan Jasa Tarigan
International Journal of Supply Chain Management Vol 9, No 3 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : International Journal of Supply Chain Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.328 KB)

Abstract

The weaknesses of the pretrial concept are revealed in many academic discussions and directly felt by practitioners and pretrial applicants. Many things are hampered to cause pretrial as a complaint mechanism to be unfair and very ineffective. This research uses a normative juridical approach, namely by studying or analyzing secondary data in the form of secondary legal materials by understanding the law as a set of rules or positive norms in the legislation system that regulates human life. The results of the study resulted that pre-trial weaknesses in the criminal justice system that are just include Pre-Judicial Authority Only Post Factum, Detention Testing: Limited Only Administrative Review and Objectives of Detention Objectives, Passive Judges' Attitudes in Pre-Trial, Pre-Trial Death Eliminating Suspect Rights, Pre-Judicial Procedure Issues: Between Civil, Criminal and Minus Rules, Pre-Judicial Case Management and Pre-Trial Timeliness, Pre-Trial Depends Very Dependent on the Existence of Attorney. It further concludes that supply chain Information management system positively moderates the relation between pretrial function, investigator function and justice value.
The Law Enforcement on Criminal Acts of Narcotics Abuse by Child Akmadi Akmadi; Gunarto Gunarto; Deny Suwondo
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The purpose of this study was to determine and analyze law enforcement against the crime of narcotics abuse by children. To find out and analyze the obstacles in law enforcement against the crime of narcotics abuse by children. To find out and analyze efforts to overcome the obstacles of criminal acts of narcotics abuse by children. This study used an empirical juridical approach, with descriptive research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study are Law Enforcement Against Criminal Acts of Narcotics Abuse by Children are The government and state institutions should provide special protection for children, and most specifically for children who are in conflict with the law and children who are victims of narcotics abuse. The problem is: Law enforcement officers or legal structures here are limited to the police, prosecutors and judges. Facilities and facilities in law enforcement are less supportive and incomplete. Community participation and control in some areas are still very low due to a sense of not caring about their own environment even though it is clearly seen directly that there are acts of narcotics abuse. The quality and quality of some police officers who work in the Res Unit are still low. The efforts are: Increased understanding of the concept of diversion with restorative justice is aimed at law enforcement officers (both for the police, prosecutors and judges). Must try to develop potential or human resources in the Res Unit. Drugs through participating in further training on narcotics and the modes in their distribution, so that in the future members of the Res Unit. Drugs have the ability and are more maximal in seeking law enforcement against narcotics crimes. Inviting all elements of society because in accordance with the law the community plays a role in handling, preventing, and distributing narcotics.
The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed Edi Suarto; Gunarto Gunarto; Arpangi Arpangi; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.1-10

Abstract

This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.
Legal Liability on Notary Negligence in Electronic Registration of Fiduciary Guarantee Laura Chrismetin; Gunarto Gunarto
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.265-283

Abstract

This study aims to analyze and be able to find out about legal liability for notary negligence in registering fiduciary guarantees electronically. In the registration of online fiduciary guarantees, there is a big responsibility on the Notary because after completing filling in the data to continue the next access, the Notary is asked to approve in advance the statement that all data contained in the form is correct by marking the statement. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. Based on the results of research and discussion, Notaries in carrying out their duties, especially those related to making certificates, must be professional in accordance with applicable rules and notaries must be able to minimize mistakes at work due to the notary's carelessness can be called a practice mall and can be sued by the client as the responsibility of a profession carried by a notary.
RECONSTRUCTION POLICY AGAINST DEVELOPMENT AUTHORITY TASKS AND INHERITANCE CERTIFICATE SUBMITTED TO THE COURT BASED ON SOCIAL JUSTICE VALUE Nany Pudjianti Suwigjo; Gunarto Gunarto; Maryanto Maryanto
Sultan Agung Notary Law Review Vol 1, No 1 (2019): May 2019
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (556.208 KB) | DOI: 10.30659/sanlar.1.1.1-16

Abstract

As is well known, at the moment there are three (3) form and three (3) agencies that can make the evidence as heir adjusted or ethnic groups resident or citizen of Indonesia. Classification of the population based on ethnicity and law that applies to every segment of the population is a legacy of the Dutch colonial government in Indonesia, which until now is considered a sacred rule that can not be changed by anyone, even by the state. Whereas in the framework of legal reform and build a socially just nation that such an arrangement should be reconstructed, because it is no longer compatible with our own independent nation. Classification of Indonesia's population contained in the rules on the manufacture evidence can be seen as heir historical factors of the Indonesian nation. Dutch East Indies government then run political divide et impera or divisive politics. Divide et impera is done by dividing the population of the archipelago within 3 (three) segments of the population, namely: Group Europe, Group Foreign Easterners (such as Chinese, Indian, Arab, Pakistani), and Group of the Indigenous, as stipulated in Article 163 Indische Staatsregeling (hereinafter called IS). The separation of the population with the population of groups based on ethnicity or race under Article 163 IS This resulted in a difference between the legal system applicable to each of these groups. Three population groups are subject to civil law that is different as stipulated in Article 131 and Article 75 RR IS. The distinction in this class brought with it differences in the civil law of each of these groups.Keywords:Authority; Certificate of Inheritance; Court; Social Justice.
Co-Authors Abdul Hasim Acika Permatasari Ade Kusumadewi Ajeng Pusparini Akmadi Akmadi Amin Purnawan Anis Masdhurohatun Anis Mashdurohatun Anis Mashdurohatun Anis Mashdurohatun Anis Safitri Arpangi Arpangi, Arpangi Aryani Witasari Bambang Tri Bawono Bella Arwinilita Cindy Zakiyyatul Miskiyya Deny Suwondo Desy Dwi Nurhayati Hartanti Edi Suarto Hendri Cahyono Irwan Jasa Tarigan Istiana Heriani Johny Khoesoema Hioe Laura Chrismetin Luk Har Syan’in Maryanto Maryanto Maryanto Maryanto Maryanto Maryanto Mega Arum Saputri Muhammad Jaduk Chusana Nany Pudjianti Suwigjo Oktavianto Setyo Nugroho Parikhesit Parikhesit Setyawati Setyawati Umar Ma'ruf Widayati Widayati Widhi Handoko Yayuk Nur Hikmah