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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.
Co-Authors Aminsyah Aminsyah Bambang Tri Bawono Moh. Nurul Huda Ong Argo Victoria Suratman Suratman