Articles
<![CDATA[Dasar Pertimbangan Hakim dalam Memutus Tindak Pidana Perkosaan yang Dilakukan oleh Anak ]]>
<![CDATA[Imam Slamet]]>;
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 9, No 1 (2018): June 2018 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v9i1.2209
<![CDATA[Children as the next generation need guidance both for growth and physical, mental, sausage and protection development that will endanger them and the nation in the future. Protection of girls is very important because there are many cases of rape of women. The problems that will be examined in this study, namely: What are the factors that encourage children to commit rape crimes? and What is the basis of consideration for judges in imposing criminal decisions on children who commit rape crimes? This study uses normative-empirical research. Factors that encourage children to commit rape crimes include: psychological factors, family factors and environmental factors and economic factors, therefore all existing components must be involved in the development and development of children, so that children do not do deeds from the norm -the existing status. A child judge in making a decision on a child who commits a rape crime bases consideration on a juridical foundation, in the form of legislation related to a criminal act committed by a child. The judge may not drop the cumulative sentence, and limit the maximum sentence imposed.How to cite item: Slamet, I., Setiyono, S. (2018). Dasar Pertimbangan Hakim dalam Memutus Tindak Pidana Perkosaan yang Dilakukan oleh Anak. Jurnal Cakrawala Hukum, 9(1), 40-49. doi:https://doi.org/10.26905/idjch.v9i1.2209]]>
<![CDATA[REORIENTASI KEBIJAKAN PEMIDANAAN BAGI PENYALAHGUNA NARKOTIKA ]]>
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ Jurnal Cakrawala Hukum Vol 7, No 1 (2016): Juni 2016 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/idjch.v7i1.1782
<![CDATA[Narcotics abuse is a felony offense which is punishable by criminal sanctions. A sentencing policy againstnarcotics abusers regardless of the position of the abuser as an offender or victim may have a negative impacton the coaching process for the abuser itself. In this case, it is necessary to reorient the policy of sanctions againstnarcotics abusers based on the basic idea and purpose of sanctions for narcotics abusers. Such a policy is ademanding situation and condition that can uphold the dignity of the narcotics abuser in society. Therefore,the policy of criminal sanctions in the Narcotics Act needs are depenalization or to be changed into treatmentsanction. Depenalization of criminal sanctions against narcotics abusers can be done through the policy ofnarcotics abusers rehabilitation both medically and socially so that they can escape from narcotic dependencyand can resocialize with the community.]]>
<![CDATA[Cyberbullying di Media Sosial ]]>
<![CDATA[Ni Luh Ayu Mondrisa Dwipayana]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Bhirawa Law Journal Vol 1, No 2 (2020): November 2020 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v1i2.5483
<![CDATA[The development of community needs in information technology plays a very important role, both in positive and negative sides. One of the most disturbing and developing cyber crimes today is crimes related to a person’s freedom of privacy, namely cyber bullying. The issues raised were the application of positive laws regarding the crime of cyberbullying as a cybercrime crime and the cause of bullying that occurred on social media. The research method used is the normative research method, due to the absence of norms for regulatingcyber bullying in Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 concerning Electronic Information and Transactions.. Cyberbullying is a new type of crime when viewed from the media used, namely electronic media, the easier it is to make social media a place to commit cyberbullying crimes from several reasons that are intended to fulfill aggressive attitudes and personal feelings that dominate the perpetrator, then this should be the concern of all law enforcers wherecyberbullying is rampant on social media. Therefore, for the cyberbullying phenomenon, the application of positive law on the crime of cybebullying has been explained based on article 27 paragraph (3) of Law Number 19 of 2016, amendments to Law number 11 of 2008 concerning Electronic Information and Transactions, and has a relationship between articles 310 and 311 of the Criminal Code, and the Constitutional Court Decisions Number 50 / PUU-VI / 2008 concerning complaint offenses referring to the phenomenon of cyberbullying]]>
<![CDATA[Pertanggungjawaban Pidana atas Tindak Pidana Pelecehan Verbal melalui Media Sosial ]]>
<![CDATA[Aena Linda Mustika]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Muhari Santoso]]>;
<![CDATA[Nahdiya Sabrina]]>
<![CDATA[ Bhirawa Law Journal Vol 2, No 1 (2021): May 2021 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v2i1.5856
<![CDATA[Sexual crimes are becoming more frequent nowadays, one form of which is sexual harassment through verbal means through social media. Sexual harassment through verbal means that occurs is usually carried out directly, such as whistling, shouting at someone, gestures that appear seductive, and others. As the technology of sexual harassment evolves in the form of writing / typing, seduction, flirting on social media (chat, direct message, and comments), this is of course still as disturbing as direct harassment. The act of verbal sexual harassment through social media is an act against the law that violates Article 27 paragraph (1) of the ITE Law which does not specifically regulate in detail the types of sexual harassment acts. Crimes against decency areregulated in the Criminal Code but not specifically because the Criminal Code does not mention the term sexual harassment. The bill on the elimination of sexual violence that contains sexual harassment has not yet been passed, while the law that was enacted to prevent acts of verbal sexual harassment through social media is still limited.]]>
<![CDATA[Urgensi Pengaturan Pidana Tentang Ngelem yang Mengandung Zat Adiktif Menurut UndangUndang No 35 Tahun 2009 Tentang Narkotika ]]>
<![CDATA[Irwan Tjatur Pambudi]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Indrawati Indrawati]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
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DOI: 10.26905/mlj.v1i1.4291
<![CDATA[This study aims to analyze the urgency of the Criminal Regulation concerning Ngelem according to Law Number 35 of 2009 concerning Narcotics. The problem approach used is normative juridical supported by empirical juridical. The data used are primary. Data analysis was performed descriptively qualitatively. The results of the study showed that the application of the law against nuisance users according to Law Number 35 of 2009 concerning Narcotics and Regulation of the Minister of Health of the Republic of Indonesia Number 44 of 2019 concerning changes in the classification of Narcotics in Indonesia cannot be processed by law enforcement officials. This is because it has not yet been regulated about addictive substances in Ngelem content. So it is necessary to make changes to the Law Number 35 the Year 2009 and the Regulation of the Minister of Health of the Republic of Indonesia Number 44 the Year 2019 regarding the change in the classification of Narcotics.DOI: https://doi.org/10.26905/mlj.v1i1.4291.]]>
<![CDATA[Penanganan Laporan Pengaduan Masyarakat terhadap Proses Penyidikan Polri di Tingkat Polres dan Polsek ]]>
<![CDATA[Mochammad Sochib]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Indrawati Indrawati]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 1, No 1 (2020): May 2020 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
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DOI: 10.26905/mlj.v1i1.4292
<![CDATA[The purpose of the study was to analyze the handling of public complaint reports that could not be handled properly with the police investigation process and the regulation of the National Police Chief regarding the handling of reports of public complaints against the police investigation process at the level of Polres and Polsek in the future. The problem approach used is normative juridical supported by empirical juridical. The data used are primary data. Analysis Techniques used in normative legal research. The results of the study indicate that officers of the Polres supervision section are expected to be able to serve well every community complaint and be thorough in the investigation process of the National Police at the Polres and Polsek levels. The need for a change in the organizational structure of the Polres supervision section with the addition of a section specifically handling community complaints in the Polres Supervision Sub Section so that it does not overlap with other work.DOI: https://doi.org/10.26905/mlj.v1i1.4292.]]>
<![CDATA[Upaya Jaksa dalam Penyelidikan Tindak Pidana Korupsi (Studi pada Kejaksaan Negeri Malang) ]]>
<![CDATA[Muhammad Riski]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Teguh Suratman]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 2, No 2 (2021): November 2021 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
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DOI: 10.26905/mlj.v2i2.7158
<![CDATA[This study aims to analyze the efforts of prosecutors in investigating corruption crimes and to examine and analyze the obstacles faced by prosecutors in investigating corruption crimes and the efforts to overcome them. Methodologically, this research belongs to the type of criminological research where this approach is intended to find out the causes and efforts of prosecutors in investigating Corruption Crimes as well as the obstacles faced by prosecutors in Corruption Crime Investigations and efforts to overcome them. Using an interactive analysis model or Interactive Model of Analysis, it was found that the prosecutor's efforts were carried out in investigating a corruption case, carried out through a series of processes in the form of Notification of the Commencement of Investigation so that no one corruption case was investigated by two different agencies. the investigation can run efficiently, effectively and well, the collection of evidence, exposure will determine the conclusion drawn whether the criminal case will be forwarded to the prosecution stage or an additional investigation will be carried out to complete and perfect the investigation until the submission of files to the public prosecutor. In the case of corruption, the investigating prosecutor faces several obstacles, namely: Time management, coordination, and the resistance from the perpetrators of corruption.DOI: https://doi.org/10.26905/mlj.v2i2.7158]]>
<![CDATA[Kebijakan Hukum Pidana Kurungan sebagai Pengganti Pidana Denda dalam Perkara Tindak Pidana Korupsi ]]>
<![CDATA[Nur Habib Auliya]]>;
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 2, No 2 (2021): November 2021 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
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DOI: 10.26905/mlj.v2i2.7159
<![CDATA[This article aims to examine and analyze the regulation of fines in the Anti-Corruption Law, and future legislative policies regarding imprisonment as a substitute for fines in corruption cases. This research includes normative legal research (doctrinal) with a legal approach. The results show that the policy of determining the amount of fines clearly deviates from the policy of the Criminal Code as its parent law, both in terms of the number/size which has increased many times, as well as the adoption of a Special Minimum System in addition to a Special Maximum. In terms of determining the amount of fines contained in various special crimes in the laws and regulations in Indonesia, one of which is the Anti-Corruption Law which turns out to show a pattern of formulating the amount of fines that is different (inconsistent) with each other. Legislative policy regarding imprisonment as a substitute for fines in future corruption cases can be pursued by formulating criminal law as in the RKUHP in the form of the convict not paying the fine imposed on him, then he is subject to the taking of assets or the convict's opinion in accordance with the criminal law.DOI: https://doi.org/10.26905/mlj.v2i2.7159]]>
<![CDATA[Kebijakan Pertanggungjawaban Pidana terhadap Pelaku Kelompok Kriminal Separatis Bersenjata (Studi Kasus Organisasi Papua Merdeka) ]]>
<![CDATA[Ferdinand Sulteng]]>;
<![CDATA[Setiyono Setiyono]]>
<![CDATA[ MLJ Merdeka Law Journal Vol 2, No 1 (2021): May 2021 MLJ Merdeka Law Journal ]]>
Publisher : <![CDATA[Postgraduate University of Merdeka Malang ]]>
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DOI: 10.26905/mlj.v2i1.6668
<![CDATA[The many years of conflict that occurred in Papua and Aceh in the past, must be seen epistemologically every incident that occurred in the area. There is a common thread in every conflict that occurs there, whether involving separatist movements or purely because of the dissatisfaction of the Papuan people due to legal products in the form of government policies and decisions issued for the area. It is not without reason that someone acts as a separatist against the state, as well as before the territory is declared out of the country, then legally all the people in the area still have rights that must be protected by the state. This means that before Papua leaves the territory of the Unitary State of the Republic of Indonesia, Papuans and separatists who live there are still Indonesian citizens and have the right to have their rights protected for Indonesia. The problems that will be investigated in this research are the Criminal Law Policy Against the Actors of the Armed Separatist Criminal Group and how is the criminal responsibility for the perpetrators of the Armed Separatist Criminal Group in Indonesia]]>
<![CDATA[Tindak Pidana Pembunuhan Berencana yang Memiliki Indikasi Schizophrenia ]]>
<![CDATA[Alief Raihan]]>;
<![CDATA[Setiyono Setiyono]]>;
<![CDATA[Hatarto Pakpahan]]>
<![CDATA[ Bhirawa Law Journal Vol 3, No 1 (2022): May 2022 ]]>
Publisher : <![CDATA[University of Merdeka Malang ]]>
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DOI: 10.26905/blj.v3i1.7997
<![CDATA[Case of Murder committed by Perpetrator Sugeng Santoso in case Number 535/Pid.B/2019/PN. Mlg is a criminal case of murder followed by tattooing and mutilating the victim. Previously, the perpetrator was often in and out of the Mental Hospital and according to the testimony of the witness, the Defendant was an insane person, suffering from a mental disorder and symptoms of schizophrenia. This study aims to find out and analyze the considerations in the District Court Decision which states the defendant committed a criminal act of premeditated murder and analyze the criminal conviction by the judge in case Number 535/Pid.B/2019/PN. Mlg is appropriate when viewed from the purpose of punishment and by using normative legal research. The basis for the judge's legal considerations in proving the elements of a criminal act of premeditated murder by a perpetrator with a history of mental disorder/schizophrenia in decision number 535/Pid.B/2019/PN. Please, by using the statements of witnesses, expert statements, evidence of the Visum Et Repertum, and the defendant's statements, there has been a correspondence between one and the other where the Defendant Sugeng Santoso still has to be held accountable for his actions for the crime of premeditated murder even though the Defendant is suspected of having a schizophrenic disorder. and was treated in a mental hospital. The judge's legal considerations in imposing a crime against the perpetrator of the crime of premeditated murder with a history of mental disorders/schizophrenia in decision number 535/Pid.B/2019/PN. Mlg in the form of a prison sentence of twenty years is appropriate and fulfills the principle of justice for both the defendant and the victim with the consideration that the defendant has the capacity to be responsible based on the prevailing laws and regulations and based on jurisprudence by considering aggravating circumstances and mitigating circumstances based on Article 197 of the Criminal Procedure Code.]]>
