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Journal : JIHAD : Jurnal Ilmu Hukum dan Administrasi

Implementation of Restorative Justice on Traffic Accident Crimes Committed by Children in the Legal Area of the Gorontalo City Police Podungge, Alamsyah; Darmawati, Darmawati; Nur, Rafika
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7608

Abstract

This study aims to determine the Implementation of Restorative Justice in Traffic Accident Crimes Committed by Children in the Gorontalo City Police Department and the Constraining or Inhibiting Factors in the Implementation of Restorative Justice in the Gorontalo City Police Department. This study uses the Juridical Sociological research method, Juridical Sociological is a legal research using secondary data as its initial data, which is then continued with primary data in the field or on the community, examining the effectiveness of a Regulation and research that wants to find a relationship (correlation) between various symptoms or variables, as a data collection tool consisting of document studies or library materials and interviews (questionnaires). The results of the study show; The implementation of restorative justice in resolving traffic accident cases in the Gorontalo City Police Department jurisdiction has been in accordance with the provisions of laws and regulations, especially Perpol Number 8 of 2021, which is carried out after a request for a peaceful settlement of the case and an agreement from the perpetrator and victim signed by all parties involved in the traffic accident which is then followed up by investigators until a Termination of Investigation Order is issued. Obstacles or Constraints that arise in the Implementation of restorative justice, namely; first is the legal factor. Then the second is the factor from the perpetrator's and victim's families who have not reached a peace agreement. And the last is the Facilities and Infrastructure Factor. Law enforcers cannot work well if they are not equipped with adequate facilities and infrastructure.
Law Enforcement Against Trafficking of Narcotics & Prohibited Drugs in Pohuwato District Alhasni, Mohamad Rizky; Beddu, Sumiyati; Nur, Rafika
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7816

Abstract

Drug abuse from year to year always increases, The causes of this abuse consist of two factors, namely internal and external factors. With these problems, this study aims to determine the implementation of law enforcement against drug abuse and illegal drugs. The approach method that the author will use in this study is the Juridical Sociological approach method. The Juridical Sociological approach focuses on the implementation of research to obtain empirical legal knowledge by being directly involved with the object. The results of the study show that in the process of law enforcement against narcotics crimes both in the process of investigation, investigation, prosecution, examination in court and the execution process refers to the Criminal Procedure Code (KUHAP) while the imposition of sanctions is regulated in Law Number 35 of 2009 concerning Narcotics. BNN, Police, Prosecutors, Judges and other law enforcers including community components have the responsibility to carry out prevention and control of drug abuse. This is a mandate from the laws and regulations, including in this case the Narcotics Law. Prevention of drug abuse must be carried out as soon as possible with anticipatory measures, including primary prevention, secondary prevention, and tertiary prevention
Criminal Liability for Perpetrators of Illegal Two-Wheeled Motorized Vehicle Racing in Gorontalo City Abdullah, Mohamad Iqbal; Nur, Rafika; Insani, Nur
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.8827

Abstract

Many violations of the law and crimes that occur in Indonesia, these violations or crimes can occur because of the lack of legal awareness in themselves. In criminology, crime means certain actions or deeds that are not approved by society. an action or negligence in acting, Seeing cases of traffic violations in the form of illegal racing, basically illegal racing is motorbike racing that is carried out illegally. The vehicles used are also not equipped with safety and security standards, this motorbike racing activity is usually carried out without using driving safety and security standards. This study uses an Empirical legal research method using a legal research method whose empirical facts are taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. Empirical research is also used to observe the results of human behavior in the form of physical remains and archives. The results of the study show; Review of Law No. 22 of 2019 concerning Traffic and Road Transportation The implementation of the law related to illegal racing in Gorontalo City is considered ineffective and not in line with the desired expectations. Although many drivers violate traffic rules and types of vehicles, the police continue to take action in accordance with Law Number 22 of 2019 by providing warnings. If the warning is ignored, violators will be subject to sanctions in accordance with legal provisions. The role of the police is vital in enforcing the law and maintaining public order. They have the responsibility to resolve conflicts or violations in accordance with the provisions of the Police Law as regulated in Law Number 2 of 2002, articles 13, 14, 15, and 16, by maintaining order, ensuring security, providing assistance to the community, and arresting lawbreakers in their area