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All Journal Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Maslahah : Jurnal Hukum Islam dan Perbankan Syariah KALAM CENDEKIA PGSD KEBUMEN Jurnal Kompetensi Teknik Lembaran Ilmu Kependidikan Rekayasa: Jurnal Penerapan Teknologi dan Pembelajaran Teknobuga : Jurnal Teknologi Busana dan Boga ADDIN Unifikasi: Jurnal Ilmu Hukum Jurnal Daulat Hukum Fashion and Fashion Education Journal Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Ensiklopedia of Journal Journal of Law Science Journal of Vocational and Career Education Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences ADDIN STRATEGY : Jurnal Inovasi Strategi dan Model Pembelajaran Law Development Journal Proceedings Series on Social Sciences & Humanities Mimbar Pendidikan Indonesia International Journal of Law Society Services Bookchapter Pendidikan Universitas Negeri Semarang Prosiding Seminar Nasional Pascasarjana Jurnal Ilmiah Sultan Agung INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER) Focus Journal Law Review International Conferences On Early Childhood Education Proceedings Jurnal Penelitian Pendidikan Beauty and Beauty Health Education Journal of Vocational and Career Education Rekayasa: Jurnal Penerapan Teknologi dan Pembelajaran Jurnal Konstatering TABELLIUS Teknobuga : Jurnal Teknologi Busana dan Boga
Sri Endah Wahyuningsih
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Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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ABUSE OF AUTHORITY OFFENSE THEOLOGICAL RECONSTRUCTION LAW ERADICATION OF CORRUPTION (LAW NUMBER 31 OF 1999 JO. LAW NUMBER 20 OF 2001) BASED ON VALUE OF JUSTICE As'adi M. Al-ma'ruf; Gunarto Gunarto; Sri Endah Wahyuningsih
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

Tort has been established in Article 2, was misuse of authority by Article 3 of the Law on Corruption Eradication. Abuse of authority but also an act against the law, then Article 2 are also applicable in the case of the offense of abuse of authority. In practice at the Corruption Court, normally the public prosecutor filed a defendant to trial on charges subsidaritas, the primary charge Article 2 and Article 3 of the subsidiary charge. Most judges decide the primary charge is proven, and some other judges decide the primary charges not proven and proven subsidiary charges. Objective: to analyze the weaknesses of the offense of abuse of authority, and the subsequent reconstruction of the formulation of the offense of abuse of authority, based on the values of justice. Method : This is the paradigm of constructivism and sociological juridical approach, the analytical descriptive nature. Sources of primary data with field study to the Jakarta High Court Corruption, and secondary data in the form of decisions offense penyaahgunaan authority and literature in the form of legislation and literature books. The collected data were analyzed descriptively qualitative. Result : There are weaknesses in the formulation of Article 3, giving rise to discrimination against the accused. Therefore be reconstructed based on the values of justice, to redraft Article 3 to a penalty equal to Article 2, plus one paragraph to a penalty under minimal. Keywords: Reconstruction, Abuse of Power, Corruption, value of justice.
RECONSTRUCTION OF CRIMINAL SANCTIONS AGAINST CRIME OF ACTORS AND MURDER MURDER IN PLAN BASED ON VALUE OF JUSTICE CRIMINAL CODE Maria Marghareta Titiek Pudji Angesti Rahayu; Teguh Prasetyo; Sri Endah Wahyuningsih
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

The increasing crime rate is influenced by several factors, from the nature of public welfare, until the little things like a matter of feelings. Indonesia as a country with dignity ensure the protection of the lives of every citizen, from being in the womb until the death. The results of this study were 1) In terms of Article 340 of the Criminal Code is a murder with the most severe criminal penalty, the death penalty. 2) The court's decision is considered to have a fair especially criminal sanctions imposed on the perpetrators, because it is actually the most disadvantaged in the event of a criminal offense is murder victim's family. 3) The murder plan to enter in the category of elements of murder which in the case of positive criminal law, Killing positive in the context of criminal law, categorized for the murder foreseen by the perpetrator, the murder because of persecution and murder due to negligence or neglect. Keywords: Reconstruction of Criminal Sanctions, Against Perpetrators of the Crime of Murder, Value of Justice.
IMPLEMENTATION OF PENAL MEDIATION IN CRIMINAL LAW Aji Sudarmaji; Sri Endah Wahyuningsih
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Penal mediation is an alternative settlement of criminal cases emphasizing restorative justice approach, which is carried out between the victims and the offenders or his/her families with the purpose of restoring the balance in the society. The major problem in this research is, firstly, how is the penal mediation in criminal law enforcement implemented today? Secondly, how are the weaknesses of the implementation of the penal mediation in criminal law enforcement today? Thirdly, how is the penal mediation in criminal law enforcement based on Pancasila values of justice constructed today? In order to answer the problems mentioned above is obtained by using social legal research method, conducted with case studies that have already been through the legal processes by law enforcement officials until the court makes the decision, this kind of legal processes is deemed to have injured sense of justice in the community by the society. Penal mediation provides the best way to resolve problems or conflicts between the perpetrator and the victims by engaging between them directly in order to solve the problems with peaceful means in accordance with Pancasila values of justice.  The conclusion in this study is the current formulation of the regulations has not accommodated penal mediation as a form of settling disputes outside the criminal justice processes. Penal mediation arrangements in the future must be included in the substantive criminal law, the formal criminal law and the implementation of criminal law.  Keywords: Construction, Penal Mediation, Pancasila Justice.
KEBIJAKAN PERTIMBANGAN HAKIM DALAM KASUS TINDAK PIDANA KORUPSI SECARA BERSAMA-SAMA DAN BERLANJUT (Studi Kasus Putusan Nomor 16/Tipikor/2015/PT.Bdg) Resdian Wisudya Kharismawan; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 13, No 2 (2018): June 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i2.1880

Abstract

Law enforcement against corruption is very urgent to be realized given the corruption crime has been very expanding in the country of Indonesia and is very harmful to the state and citizens. In the judicial process of corruption crime jointly and continuing under the Decision of the Bandung High Court Number 16 / Tipikor / 2015 / PT.Bdg, the judge's ruling becomes an important matter, which determines a person convicted or not. The law gives freedom to the judge to impose a penalty between the minimum and maximum punishment promulgated in the relevant criminal article, in accordance with the provisions of Article 12 of the Criminal Code. However, the point of departure of the judge to impose a conviction is based on the judge's consideration of the threat mentioned in the indicted criminal article. This is the main issue of this research, which is about how the judges judge's judgment policy in the case of corruption crime jointly and continues based on the Decision of the Bandung High Court Number 16 / Tipikor / 2015 / PT.Bdg, and how is the judge's judgment policy should be in the case of a criminal act of corruption jointly and continuously. The method of approach used in this study is empirical juridical, the conclusion of this research is in the criminal imposition of the defendant is still too light compared with criminal sanctions in the legislation and social considerations of the impact of the actions of the defendant, should in case of criminal acts of corruption together and continuing that is related to the provision of Article 10 of the Criminal Code then Criminal in Corruption Criminal can be subject to principal criminal sanction in the form of imprisonment and criminal penalty, and also additional criminal that is deprivation from his position, deprivation of his property if the defendant can not prove that the treasure is not the result of the criminal act of corruption and also as the judge's decision to impose additional additional penalty beyond those provided in the Corruption Act.Key Words :Judge consideration policy based on High Court of Bandung Decision Number 16 / Tipikor / 2015 / PT.Bdg
PENEGAKAN HUKUM BAGI PEGAWAI NEGERI SIPIL DALAM HUBUNGANNYA DENGAN PERBUATAN PIDANA Studi Koordinasi Antara Penegak Hukum dengan Pemerintah Kabupaten Kendal Hatnolo Ardi; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 14, No 1 (2019): March 2019
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v14i1.1887

Abstract

In carrying out its duties as a public servant, civil servants throughoutIndonesiamust comply with applicable laws and regulations, including civil servants inKendalDistrict. For civil servants who committed violations and allegedly committed criminal acts, it will be processed by law. Law enforcement within civil servants who commit crimes requires coordination between local government and law enforcement officials. Keywords : Law Enforcement, Civil Servants, and Criminal Acts 
KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA MINERAL DAN BATUBARA (Studi Kasus Polda Jateng) Dwi Edy Purnomo; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017): June 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i2.1845

Abstract

The purpose of this study: 1) To know and analyze the setting of criminal acts of minerals and coal in the current positive law. 2) To know and analyze the weaknesses of the mineral and coal crime settings in the current positive law. 3) To know and analyze criminal law policy in coping with minerals and coal crime in the future. Result of research: 1) Mining crime is a crime in a mining business conducted by an individual, a group of people, or a legal entity that in its operation does not have permission from government agencies in accordance with applicable regulations. 2) The Minerba Act contains 4 (four) contradictory weaknesses. 3) In addition to the provision of punishment in the form of fines, it would be nice if accompanied by a maximum penalty penalty. Keywords: Criminal Law Policy, Mineral and Coal Crime
PERAN BANTUAN HUKUM DALAM PROSES PERADILAN PIDANA DI KABUPATEN BLORA Ahmad Muntolib; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 13, No 4 (2018): December 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i4.1893

Abstract

The purpose of this law is to know the role of legal aid for suspects / defendants criminal court in Blora Cityt. This legal research is an empirical legal research or descriptive field research. Research location at the Blora City Court, Blora Legal Aid Institute, and Blora Advocate Office. Collection techniques were conducted through interviews directly to the POSBAKUM Chairman of the Blora Court, Advocate interviews, and LBH, and literature study. Based on the research, it was found that the role of legal aid in Blora Regency consisted of providing free legal aid ( prodeo) and providing legal aid not free of charge. Provision of legal aid for the poor who are affected, especially the criminal, the District Court is obliged to provide a legal counsel as defender if it is unable to be financed by the government.Keyword : Legal aid, Criminal Justice,Law
KEBIJAKAN HUKUM PIDANA PERTANGGUNGJAWABAN KORPORASI TERHADAP TINDAK PIDANA PERBANKAN DALAM SISTEM HUKUM DI INDONESIA Bambang Purwogandi Dito Ari Legowo; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 14, No 2 (2019): June 2019
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v14i2.1883

Abstract

Based on the results of this study it is known that all court decisions fully adhere to the principle of legality in the application of legal subjects and offenses under the Banking Act listed in Article 46 s.d. 50 A, which no one applies corporate crime. In addition, there is the application of the Special Law, namely the Law of the Republic of Indonesia Number 20 Year 2001 on the Amendment of Law Number 31 Year 1999 on the Eradication of Corruption, for banking crimes which contain elements of state losses. Banking Act is more oriented on the offender (person), not yet seen victim-oriented criminal type so it should also be considered the existence of criminal damages and corporate probation for corporations with the condition to pay compensation to the victim. However, this idea has not been able to work because of Law Number 10 Year 1998 on Amendment to Act Number 7 of 1992 concerning Banking, the corporation is not a subject of criminal law and may be threatened under the Banking Act.Based on the court ruling that always adheres to the principle of legality, the Special Law related to banking crimes that have included corporations as legal subjects, the application of corporate crime in some countries, the concept of the Criminal Code and some research results or studies of banking victims (bank customers), it is necessary to amend the Banking Law by using Strict Liability theory (in the application of Article 46 paragraph (2) for corporations undertaking unauthorized fund raising) and elaborating Vicarious Liability and Identification theory (particularly the application of Articles 49 and 50 A) so as to include some elements, namely 1) adding the subject of corporation law; 2) in the case of the criminal sanction penalapaan maximum penal amount of material damages suffered by the community (bank customers) and seize the property of perpetrators who came from banking crime to be used to compensate victims (bank customers); 3) to extend the scope of criminal subjects which previously only regulates Shareholders, Board of Commissioners, Directors, Employees and Affiliated Parties to include parties involved in banking crime. Key Words: criminal liability, corporation, banking.
PROSES PENYIDIKAN DAN PENUNTUTAN TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK DIWILAYAH KABUPATEN SEMARANG Setyo Hartanto; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 13, No 3 (2018): September 2018
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v13i3.1899

Abstract

On the process of investigation and prosecution of criminal acts of theft committed by children in the region of Semarang Regency there are differences in the implementation of handling of child cases in accordance with the criminal justice system and there are obstacles and solutions that must be faced by investigators and public prosecutors with the enactment of Law No. RI. 11 of 2012.This study the author uses the method of Empirical Juridical approach is the way or procedure used to solve research problems by researching secondary data first to then proceed with researching the primary data that exist in the field. By collecting primary data that is data obtained directly from the community or field and secondary data is data obtained through literature materials.The child's handling process begins with the investigator receiving the child's case from the report, the complaint and the possibility of the investigator knowing himself then along with Bapas, the victim's side and the parent's side of the perpetrator and the other related relation whether to be forwarded or diverted. If there is a verdict and it is successful, it is requested by the local court to obtain legal force, but if the diversion is unsuccessful then the case file proceeds to the Investigation process after the case file is deemed complete and complete, then according to the law of the case submission is valid and complete, public without the need for more processing. The transfer of juridical responsibilities to the dossier, legal liability for a child suspect and legal liability for any evidence or item seized.Furthermore, after the public prosecutor receives the file from the investigator, if eligible to do the diversionary effort then must perform a diversionary effort, if not achieved then the prosecutor proceeded to check the completeness of the case both formally and materially to know more clearly whether the case can proceed to prosecution process or not and with complete evidence in order to be transferred to the court for continued trial by applying a criminal procedural law using a restorative justice approach. Against these obstacles and solutions both investigators and public prosecutors make their own efforts by approaching internally and externally from each agency.Keywords: Child Criminal Justice System, Child Investigator, Child Prosecutor,Diversi, Restoration Justice
ANALISIS PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA KEKERASAN SEKSUAL ANAK DIBAWAH UMUR DI PENGADILAN NEGERI DEMAK M. Sholeh Sholeh; Sri Endah Wahyuningsih
Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017): June 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i2.1846

Abstract

Indonesian Welfare guarantees every citizen country, including the Protection of Child Rights which is Human Rights. For a review realize the Protection and Welfare of Children, the Government issued Law No. existence of Act No. 35 of 2014 ABOUT Amendment Act No. 23 of 2002 ABOUT Child Protection, affirming the need for weighting of criminal sanctions and penalties for the perpetrators of crimes against children, especially showed to the sexual crime is aiming to provide the Securities Jera review, as well as encouraging their concrete steps to review * Resume Physical, psychological and Social Son.This study aims to study the application of criminal sanctions against crimes of sexual violence done by adults against children, and assess consideration the judge in dropped decisions  the suspect crimes of violence against children under age in the matter of number 15/pid.sus.b/2015/pn dmk.  The  cause of sexual violence child under age is a series of  the process experienced a in a life begins from underproduction siapan of factor internal and external involving the past, treatment family, social and education sexual a bad that somebody done sexual violence  against children under age and  the sanctions imposed criminal the suspect criminal sexual violence  against children under age reference pertaining to the act no. 35 2014. Simultaneously become consideration by the judge in court see of  the  extent  of  the  capable of responsibility of his work before the law.The research was done in state court demak. The kind of research juridical sociological, the research about the sanctions imposed criminal sexual violence done adults against children in the district court demak. Of the nature of research descriptive, that is accused of the sanctions imposed crimes does the violence against children in the district court demak. A source of data using data sources primary and secondary data. Technique data collection use field studies and study literature. Analyzing in a qualitative. The research results show that district court judge Demak in  applying  criminal  sanction in a  verdict  matter number : No.15/Pid.Sus.B/2015/pn Dmk. The criminal prison for 3 (three) years and to undergo confinement during 3 (three months, it is fairly for judge based on the law no. 35 years 2014). Criminal sanction prison, it is just good for the  society and justice-seekers self, consideration the judge in impose sunctions criminal person, based because the defendant to be modest at the trial, aknowledge frankly and with remorse.Key Password :  Criminal sunctions sexual violence child unde the age at district court Demak
Co-Authors -, Isfandayani A., Annisa Anugrah Abdur Rokhim Actika, Actika Ade Novi Nurul Ihsani Adhi Kusumastuti Ahmad Khalimaya Nugroho Ahmad Muntolib Ailina Rahmanita Fauzi Ainul Hukma, Nabila Fitria Aji Sudarmaji Alfian Faulia Numairi Amaranggana, Ayoedya Amatullah, Dhewi Shofura Aminah, Barokatus Andhika Damascena, Muhammad Reza Andi Zulfa Majida Andri Winjaya Laksana, Andri Winjaya Anggraeni, Nelly Setyowati Anis Mashdurohatun Anny Rosiana Masithoh Aprianto, Rezmi Angga Aprilia Puteri Ningtarich Apriliana, Luthfiyah Apriyansyah, Chandra As'adi M. Al-ma'ruf Asep Supiyanto, Asep Astuti, Dea atika Atika Atika Ayudianisa, Nadhifa Luthfihasna Azzimar Shidqy Pramushinta, Azzimar Shidqy Bambang Purwogandi Dito Ari Legowo Bambang Tri Bawono Bambang Tri Bawono Bayu Dewanto Benseghir, Mourad Cemban Galuh Sambodo Chusna Tsani, Romadhona Danar Setyo Wibowo Darwys, Muhammad Tomy Naufal Delta Apriyani, Delta Denny Saputra Dewani, F.Sekar Hayu Dewi, Anggita Fortuna Diah Wulandari Diding Rahmat Dwi Edy Purnomo Dwi Widjanarko Eko Soponyono Eko Supraptono Erna Budiarti Galuh Tiara Rini Gunarto Gunarto Hamdani Marsiawan Handayani, Sri Hanuring Ayu Haris Wahyu Sunarno Hatnolo Ardi Hendra Dedi Kriswanto, Hendra Dedi Hengki Irawan Herdiningrum, Rinda Resi Herwin Sulistyowati Hutajulu, Andreas Fransiskus Hutajulu, Maria Margaeta I Dewa Made Sarwa Mandala Iin Kamila Iin Khaeriyatun Ni'mah Indah Lestari Insan Al Ha Za Zuna Darma Illahi Ira Alia Maerani Irawan Arief Firmansyah Irda Nur Khumaeroh Irmayanti Irmayanti, Irmayanti Jawade Hafidz Junaidi Junaidi Kartikasari, Ice Kosasih, Yeny Lailatul Kurniyawati Lailatul Nur Hasanah Lambang, Raden Bimo Dwi Lubna Al Jufri M. Sholeh Sholeh Maria Krisnawati Maria Marghareta Titiek Pudji Angesti Rahayu Merna Buton Miftahul Janah Mohammad Barkah Arrohim Muh Fakhrihun N Muh Fakhrihun N., Muh Fakhrihun Muhammad Khambali Muhammad Rifky Aji Fauzi Muhdlor, Muhdlor Mulyono, Novendra Fajar Mulyono Murahati, Retno Tri Murwatiningsih Murwatiningsih, Murwatiningsih Murwatiningsih, Murwatiningsih Musdalifah Musdalifah Musdalifah Musdalifah Mutiara, Alma Na:am, Muh Fakhrihun Nafiatunnisa, Aisyah Na’am, Muh Fakhrihun Ning, Wulidah Nita Priyanti Nur Cahyo Ari Prasetyo NUR KHOLIFAH Nur Qudus Nur Shabrina, Nur Nurmasitah, Sita Nurul Ihsani, Ade Novi Pandu Buono, Yohanes Krisna Perdana, Lilik Prasetyo, Teguh Purnomo Wulandari Puspita, Rahma Aditia Rahmawati, Nadhifah Ramadhan, Juniawan Ramadhani, Yashinta Ratnaningsih, Griyanti Angga Resdian Wisudya Kharismawan Rico Septian Noor Rina Rachmawati Rini Kurniawati Rinna Dwi Lestari Rodia Syamwil ROFIQODDURI, NAILA Roswati Dewi Roudlotus Sholikhah Ruth Riefdayantika Saeful Bahri Sakdiyah, Fitrah Samsudin Anis Saraya, Sitta Sari, Pebrina Permata Sarwanto Sarwanto Sary Rina Naruvita sary, Feren Novita Sekaring Dyah Ika Wulan Septarina Nur Handayani Setiyawan, Deni Setyo Hartanto Shofi, Amalia Situmeang, Ria Debora Sri Wahyuni Sururi Suwarno Suwarno Tri Rahayu Budiarti Trisnani Widowati, Trisnani Trisni Herayati Ullya Anindita, Ullya Umar Ma'ruf Urip Wahyuningsih Urip Wahyuningsih Widayati WIDOWATI Wijonarko, Ayuning Citra Selaras Wirastri Setyorini Yanuar Dwiyan Putra Yeri Sutopo Yudha Priyo Kuspratomo Yudhi Atmaja Yulia Indrawati Yundari, Yundari Yuni Tri Lestari, Yuni Tri Yustisi Yudhasmara Zulaekah, Dewi