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MASYHUR MASYHUR

Dosen Fakultas Hukum Universitas Gunung Rinjani

Author-ID : 3598048

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Electrical & Electronics Engineering Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

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TINJAUAN YURIDIS TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN OLEH ANAK MASYHUR MASYHUR
GANEC SWARA Vol 12, No 2 (2018): September 2018
Publisher : Universitas Mahasaraswati Mataram

The purpose of this research is to know the application of material criminal law on murder crime committed by child and to know judge's legal consideration in imposing criminal punishment on child as perpetrator of murder crime. This research uses qualitative descriptive method with data source used in the form of primary data by conducting interviews to related parties and secondary data in the form of documents relevant to the research. Based on the results of research and discussion it can be known factors causing the crime of murder on children committed by child perpetrators in which consists of two factors, namely internal factors (derived from within the human), the personality factor (in the child), and biological factors, while external factors (derived from outside the human self), namely family factors, environmental factors, lack of provision of religion, and technological developments. It can also be seen that efforts to tackle criminal acts of murder committed by child perpetrators against children are preventive measures by non-punishment by providing religious supplies to children, as well as the active role of the community and school educators in supervising, preventing children from behaving towards irregularities and teaching and informing good things to children by the family and efforts to overcome the perpetrators of the crime of murder committed in this case through the penalty line may be imposed under Articles 338, 339 of the Criminal Code and Law no. 3 Year 1997 on Juvenile Court. The advice given by the author, among others, to parents should equip their children with the science of religion, provide positive activities, provide motivation for children, and provide a good example. To the public should pay attention to the condition of the surrounding environment so that children do not do things that are not desirable

KAJIAN NORMATIF PUTUSAN MAHKAMAH KONSTITUSI NOMOR.21/PUU-XIII/2020 TENTANG HAK TANGGUNGAN ATAS TANAH MASYHUR MASYHUR; RIZQI YANIPASI APRIYANDI
GANEC SWARA Vol 16, No 2 (2022): September 2022
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v16i2.339

The purpose of this study is to find out the considerations of the constitutional court to reject the applicant's application based on Law No. 4 of 1996 and the position of the evidence submitted by the applicants in case No. 21/PUU-XVIII/2020 (Evidence P-4,P-5, and P-7). This research is a normative research by analyzing or reviewing a valid and competent statutory regulation to be used as a basis for problem solving.Case Number 21/PUU-XVIII/2020 which is considered by the judges of the Constitutional Court is that there is no agreement between the debtor and the creditor in which there is no clause on breach of contract and there is an overmacht/force majeure in the agreement, as stipulated in Article 1865 of the KUH Civil law, but in this case it is not included because the applicant has never included a court decision regarding coercion and breach of contract in accordance with Law Number 4 of 1996 concerning Mortgage Article 20 paragraph (1) and Article 14 paragraph (3) of the Mortgage Law, so that the judges of the Constitutional Court rejected the petitioners' petition. In Case Number 21/PUU-XVIII/2020 there is evidence that forms the basis or corroboration of the arguments of the petitioners' petition as for the position of the evidence submitted as follows an explanation of the debtor and creditor agreements, Land Rights Certificates and Mortgage Certificates, Analysis of the decision of N. 18/puu-xvii/2019, the implications of the Constitutional Court's decision No.18/PUU-XVII/2019 on the community and all evidence submitted by the applicant is not in accordance with applicable legal provisions. All evidence submitted by the applicant is clear that the debtor or applicant has not suffered a loss so that the position of the evidence is not in accordance with the applicable legal provisions

PENERAPAN PIDANA TERHADAP PELAKU PERAMBAHAN HUTAN DIKABUPATEN LOMBOKTIMUR (STUDI DI KECAMATAN SUWELA, DINAS KEHUTANAN DAN SUMBER DAYA ALAM) MASYHUR MASYHUR
GANEC SWARA Vol 17, No 2 (2023): Juni 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i2.433

The purpose of this study is to determine the application of Law No. 41 of 1999 in dealing with forest encroachment in East Lombok Regency and to determine the factors that influence the ineffective implementation of Law No. 41 of 1999 concerning forest encroachment in East Lombok Regency. While the research method of this writing includes non-doctrinal legal research, while judging from the form of this research is a diagnostic research, which is a research that is intended to obtain information regarding the causes of a symptom or several symptoms, judging from the nature of this research, it is a descriptive research. , which is intended to provide data that is researched as thoroughly as possible about humans, circumstances or other symptoms. From the results of research and interviews, it is concluded that the obstacles and problems in law enforcement against forest encroachment are found in various stages, namely looking at the factors of law enforcement officers, it will be related to aspects of the quality and quantity of the law enforcement officers. Meanwhile, quality is related to the ability or professionalism of law enforcement officers in handling forestry cases, especially forest encroachment. Weaknesses in terms of quality and quantity of law enforcement officers will have a very large influence in dealing with criminal acts of forest encroachment.

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