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All Journal Jurnal Hukum Khaira Ummah Pembaharuan Hukum Law Development Journal Sultan Agung Notary Law Review
Andri Winjaya Laksana
UNISSULA
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pelaksanaan Pemeriksaan Terhadap Pelaku Penyalahguna Narkotika Dengan Sistem Rehabilitasi di Badan Nasional Narkotika Propinsi Jawa Tengah. Andri Winjaya Laksana
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i2.1454

Abstract

Human Trafficking especially against women and children is a crime whose perpetrators must be severely punished. Most victims of trafficking are women and children whose educational level is low and the weak economic situation, therefore victims should receive legal protection. The method used in this research is juridical sociological or socio legal research, the method or procedure used to solve research problems by examining secondary data such as ingredients laws or regulations applicable law followed by conducting research on the data primer on the field. The results showed, 1) factors that cause human trafficking are poverty, low education, Promiscuity, lack of information. 2) obstacles in the legal protection for trafficking victims even though the government has issued Law No. 21 of 2007 on the Eradication of Trafficking in Persons, but it is unfortunate that the law can not be enforced effectively, because there are some obstacles in the form factor of non-juridical include economic factors, poverty, education factors are low and social and cultural factors.
ANALISIS YURIDIS PENYIDIKAN TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 DI ERA DIGITALISASI Andri Winjaya Laksana; Suratman Suratman
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i2.1473

Abstract

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008
The Role of Notaries and PPAT in Protecting Gayo Customary Rights Aminsyah Aminsyah; Andri Winjaya Laksana
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 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.4.3.786-797

Abstract

Ulayat rights are the rights of indigenous peoples over all agrarian resources that exist within the territory of the indigenous peoples concerned. Thus the object of customary rights includes all agrarian resources (earth, water and natural resources contained therein). This writing aims to analyze the legal position of the customary rights of the Gayo people in Gayo Lues Regency and the role of Notaries and PPAT in protecting the customary rights of the Gayo people in Gayo Lues Regency. This writing is analyzed qualitatively by using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance division theory. The results of the study indicate that the position and position of the customary rights of the customary law community in the National Land Law is very important, the hierarchy is higher than the individual/individual rights to land. Customary law communities live and develop in accordance with the order of values and norms that they believe and obey as truth, including in this case customary norms in the concept of land tenure. Article 3 of the UUPA states that the acknowledgment of the existence of Ulayat rights of the customary law community as long as in reality it still exists, meaning that if in fact it does not exist, then the Ulayat rights can no longer be recognized, cannot be revived and new Ulayat rights cannot be created. The regulation of Ulayat rights is left to the Customary Law community. In providing services to the community, a Notary/PPAT has the duty to serve applications to make certain land deeds referred to in the regulations regarding land registration and the PPAT Position regulations.
Legal Uncertainty on the Obligations of People Who Hear, See or Know the Occurrence of Domestic Violence Crimes Bambang Tri Bawono; Andri Winjaya Laksana; Moh. Nurul Huda
Jurnal Hukum Khaira Ummah Vol 21, No 2 (2026): June 2026
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v21i2.53912

Abstract

One of the problems that until now is still mushrooming in Indonesia is related to violence in the stairs. The problem of domestic violence regulation is related to the existence of legal uncertainty for the community or everyone who hears, sees, or knows the occurrence of a crime of domestic violence is obliged to prevent, protect the law and provide emergency assistance to the victim and assist in the process of submitting an application for the determination of protection. The type of research used in this study uses empirical legal research, using a descriptive research type which will later be analyzed using qualitative analysis. The results of the study show that there is legal uncertainty in article 15 of the PKDRT Law. This is because the article contains the phrase mandatory, while it is not accompanied by sanctions, while in point 268 of Attachment 1 of the Law on the Formation of Legislation it expressly says that When there is a mandatory word, sanctions must be given for those who do not do it.
Legal Analysis of Criminalization of Narcotics Abuse Perpetrators for Their Own Sake Due to Justice-Based Stress Andri Winjaya Laksana; Ong Argo Victoria
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.993-1007

Abstract

Self-abuse of narcotics triggered by psychological conditions such as stress often results in criminal sanctions in prison, rather than rehabilitation. This study aims to analyze the legal punishment policy for perpetrators of self-abuse of narcotics due to stress and formulate a concept of justice-based punishment (restorative and corrective). The research method used is normative juridical with a statutory approach and a conceptual approach. The results of the study indicate that the implementation of Article 127 Paragraph (1) of Law No. 35 of 2009 concerning Narcotics still tends to be punitive (retributive justice), where judges often impose prison sentences rather than rehabilitation. In fact, perpetrators who consume narcotics due to stress are victims of psychological disorders and dependency. Justice-based punishment demands a paradigm shift from retributive justice to restorative justice and therapeutic justice, where medical and social rehabilitation must be positioned as the main legal form to restore perpetrators and restore their social function.
The Effectiveness of Termination of Prosecution in Settling Fraud Crimes Based on Restorative Justice Janu Widono; Andri Winjaya Laksana
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49499

Abstract

This study aims to determine and analyze the implementation of the termination of prosecution in fraud crimes based on justice, the weaknesses of the termination of prosecution in fraud crimes based on restorative justice, and the effectiveness of the termination of prosecution in fraud crimes based on restorative justice. The approach method is sociological juridical, the research specification is analytical descriptive. The data used are primary and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theories used are restorative justice theory, legal effectiveness theory and progressive legal theory. Based on the results of the study, it can be concluded that the implementation of the termination of prosecution in fraud crimes based on justice in the Pekalongan Regency District Prosecutor's Office has been carried out based on the Attorney General's Regulation Number 15 of 2020 concerning the Termination of Prosecution based on Restorative Justice and has reflected the theoretical principles of restorative justice. The weaknesses of the termination of prosecution in fraud crimes based on restorative justice have an impact on the termination of prosecution based on restorative justice not being able to run optimally and has not fully fulfilled the goals of recovery in the criminal justice system. The termination of prosecution in fraud crimes based on restorative justice has been effective, thus making the concept of recovery more acceptable than the retributive approach which emphasizes revenge.
The Effectiveness of the Police's Role in Enforcing the Law Against Justice-Based Online Gambling Networks (A Case Study of the West Java Regional Police Cyber Directorate) Muhammad Khoirul Iman; Andri Winjaya Laksana
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51031

Abstract

Abstract. The rampant phenomenon of online gambling poses a serious challenge to law enforcement in Indonesia. Advances in digital technology are exploited by perpetrators to operate across borders with ever-evolving methods, demanding adaptation from law enforcement agencies. This study aims to: (1) Describe the role of the police in law enforcement against online gambling networks; (2) Analyze the weaknesses of this police role; and (3) Determine the level of effectiveness of justice-based law enforcement, with a case study on the Cyber Directorate of the West Java Regional Police. This research uses a socio-legal research method with a qualitative approach. Primary data was collected through interviews and observation at the Cyber Directorate of the West Java Regional Police, while secondary data was sourced from primary, secondary, and tertiary legal materials. Data analysis was conducted descriptively-qualitatively to understand the gap between law in books and law in action. The results indicate that the Police's role includes preventive efforts (site blocking, outreach) and repressive efforts (investigation, arrests). However, its effectiveness still faces significant weaknesses, such as a less adaptive legal framework, limitations in human resources and digital forensic technology, and the complexity of evidence gathering. It is concluded that effective and just law enforcement requires a holistic strategy that not only relies on a repressive approach but also strengthens preventive-educative aspects, inter-agency coordination, enhanced investigative capacity, and active community participation.
The Effectiveness of the Implementation of Termination of Prosecution in Criminal Cases of Assault Based on Restorative Justice (Case Study of the Kapuas Hulu District Attorney's Office) Rustam Efendi P Simarmata; Andri Winjaya Laksana
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51064

Abstract

Abstract. This research is motivated by the increasing use of restorative justice mechanisms in resolving criminal acts of assault as a form of reforming the criminal justice system oriented towards more humanistic, participatory justice and social restoration. The Kapuas Hulu District Attorney's Office is one of the law enforcement institutions that implements the termination of prosecution based on restorative justice in accordance with the Republic of Indonesia Attorney General's Regulation Number 15 of 2020. This study aims to determine the implementation of the termination of prosecution in assault cases based on restorative justice, analyze weaknesses in its implementation, and assess its current effectiveness and potential effectiveness in the future. The research method used is normative juridical with a socio-legal approach (socio-legal research/studies) needed to address issues of social injustice. Data sources consist of primary, secondary, and tertiary legal materials which are analyzed qualitatively to produce a comprehensive picture of the implementation of the policy of termination of prosecution based on restorative justice. The results of the study indicate that the implementation of restorative justice in the Kapuas Hulu District Attorney's Office has quite high effectiveness, evidenced by the acceleration of case resolution, recovery of victim losses, and the creation of harmonious social relations after the case. However, various weaknesses remain, such as limited mediator capacity, a lack of public understanding of restorative justice, potential social pressure on victims to reconcile, and suboptimal oversight of the implementation of peace agreements. This research emphasizes the need to improve the quality of human resources, strengthen regulations, and optimize institutional support to ensure the implementation of restorative justice is more effective in the future.
Legal Analysis of Criminal Responsibility for Perpetrators of Hate Speech Through Electronic Media Within a Justice-Based Positive Legal Framework Roynaldo Silaban; Andri Winjaya Laksana
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49508

Abstract

This study aims to comprehensively identify and analyze the criminal liability of perpetrators of hate speech through electronic media from a justice-based positive legal perspective. The spread of hate speech through electronic media not only disrupts public order but can also degrade human dignity and deepen social fragmentation. This study was conducted to examine the basis for criminal liability for perpetrators of hate speech from the perspective of Indonesian positive law, while also evaluating the extent to which its implementation reflects the principle of justice for all parties, including perpetrators, victims, and the community. Thus, this study seeks to provide a more proportional understanding of the relationship between freedom of expression and the protection of fundamental social values. This study uses a normative juridical method by adopting a statutory, conceptual, and case study approach. The analysis focuses on provisions in the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), and several other relevant regulations. This approach is strengthened by a review of legal doctrine and theories of justice to explore the philosophical foundations and objectives of criminal punishment in the context of hate speech. Thus, this study not only examines norms as texts, but also considers ethical values, the principle of proportionality, and aspects of human rights protection, which are integral parts of the legal system. The results explain and demonstrate that the basis for criminal liability for perpetrators of hate speech via electronic media is formally regulated within Indonesia's positive legal framework. However, its implementation has not been fully effective in delivering substantive justice. This is due to several obstacles, including unclear norms, overlapping regulations, and the potential for misuse of articles by law enforcement officials. Furthermore, the application of the law often fails to consider the social context, the perpetrator's motives, and the real impact on the victim. Therefore, regulatory harmonization, more proportional application of the law, and an approach that favors substantive justice are needed so that the handling of hate speech can truly protect the public interest without neglecting the constitutional right to freedom of expression.
Medicolegal Aspects of Nursing Practice in the Emergency Room of Bhayangkara Hospital, Semarang Syela Ambri Yudhana; Andri Winjaya Laksana
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51125

Abstract

Abstract. This study aims to analyze the implementation of medicolegal legal aspects in nursing practice at the Emergency Department (ED) of Bhayangkara Hospital Semarang, identify the constraints faced, and formulate efforts to improve understanding and implementation. This research uses empirical legal research methods with a sociological juridical approach and a case study design. Data were obtained through in-depth interviews with the Head of the ED, observation, and documentation studies, which were then analyzed using qualitative data analysis techniques from the Miles and Huberman model. The results show that the implementation of medicolegal aspects in the ED of Bhayangkara Hospital Semarang has generally been carried out in accordance with applicable professional standards and regulations, with nurses having carried out legal responsibilities (civil, criminal, administrative) as well as independent and collaborative authority based on Law No. 38 of 2014 concerning Nursing. However, several main constraints were found, namely: (1) the lack of patient family understanding of legal provisions in emergency situations; (2) misconceptions regarding the limits of nurses' authority; (3) documentation constraints in emergency conditions; (4) communication barriers with patient families; and (5) limited resources and regulatory complexity. Based on these findings, this study recommends a series of comprehensive improvement efforts, including continuous education for nurses, development of efficient documentation systems, improved communication with patient families, strengthening institutional support, and public education.
Co-Authors Aminsyah Aminsyah Bambang Tri Bawono Janu Widono Mayang Tari Moh. Nurul Huda Muhammad Brata Ul-Husna Muhammad Ilham Akbar Muhammad Khoirul Iman Naufal Fajar Zanira Ong Argo Victoria Roynaldo Silaban Rustam Efendi P Simarmata Setyo Trisnadi Suratman Suratman Syela Ambri Yudhana W. Erfandy Kurnia Rachman Yoga Baya Prayurisna