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All Journal Jurnal Hukum Khaira Ummah Masalah-Masalah Hukum Phenomenon : Jurnal Pendidikan MIPA Jurnal Daulat Hukum JPPM (JURNAL PENELITIAN DAN PEMBELAJARAN MATEMATIKA) Jurnal Fundadikdas (Fundamental Pendidikan Dasar) Jurnal Ilmiah Kesehatan Ar-Rum Salatiga Law Development Journal INDONESIAN JOURNAL OF BASIC EDUCATION Indonesian Journal of Midwifery (IJM) Indonesian Journal of Community Empowerment (IJCE) Prosiding Seminar Nasional Pascasarjana Journal Research Midwifery Politeknik Tegal

Widayati Widayati

Universitas Negeri Malang

Author-ID : 415206

Religion Humanities Chemistry Dentistry Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Physics Public Health Social Sciences Veterinary Other

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Analysis of Criminal Action Settlement for Negligence in Traffic that Resulting in the Loss of Other People's Life Ngatno Ngatno; Siti Ummu Adillah; Widayati Widayati
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.69-75

This study aims to find out and analyze the settlement of criminal acts of negligence in traffic which resulted in the loss of other people's lives in case number 24/Pid.Sus/2020/PN Kds and to find out and analyze how the judge's legal considerations in making decisions on negligence offenses traffic that resulted in the loss of other people's lives in case number 24/Pid.Sus/2020/PN Kds. This research is a sociological juridical research by combining legal materials (which are secondary data) with primary data obtained in the field. Based on the research, it is concluded that the analysis of the settlement of criminal acts in traffic that resulted in the loss of other people's lives in Case Number 24/Pid.Sus/2020/PN Kds based on the theory of punishment, there are several processes for handling criminal cases by law enforcement in order to conduct investigations, investigation, arrest, detention, prosecution and imposition of criminal sanctions. The judge's legal considerations in passing a decision on the offense of traffic negligence which resulted in the loss of another person's life in Case Number 24/Pid.Sus/2020/PN the existence of Kds is that the panel of judges saw an element of criminal responsibility in the case of driver negligence that caused a traffic accident as follows: (1) must commit a crime, (2) be able to take responsibility (3) intentionally or negligently (4) there is no excuse for forgiveness. The judge in imposing a prison sentence of 1 year and three months and a fine of IDR 5,000,000 for the actions of the perpetrators according to the researcher is still not optimal.

The Law Enforcement in Judges' Decisions based on Progressive Law Eko Hartoyo; Widayati Widayati; Ira Alia Maerani
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.83-91

This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.

Public Services in Election of Regional Chairman Evy Yuliati; Widayati Widayati
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this article is to describe the form of implementation or public services in regional head elections. This problem is related to several related theories, such as constitutional law theory, democratic law theory, people's sovereignty law theory. This article also discusseslaw and public policies implemented in the elections in Indonesia. MethodThe research used in writing this article is a type of normative legal research. The results of the study indicate that legal theory and public policy are needed in Indonesia. This is done as a basis for implementing democratic practices. The form of implementing laws in constitutional theory is that the KPU establishes KPU Regulations and KPU Decrees in the implementation of Pilkada and provides solutions to problems of implementing law that are contrary to KPU regulations. The mechanism is if there is a PKPU which is deemed contrary to the Election Law, then the examination will be carried out at the Supreme Court in accordance with the provisions in Article 9 paragraph (2) of Act No. 12 of 2011. The implementation of the theory of democratic law in Indonesia is by holding general elections to elect leader, starting from the regional level to the national level. These activities are carried out in order to realize the government system that the people want. The implementation of the theory of popular sovereignty in the Pilkada is the determination of the victory of a candidate for regional head which is determined based on the number of valid votes based on applicable law. The theory of sovereignty also contributes to implementing a democratic system through the principles of people's sovereignty. The conclusion from this research is that the theories that play a role in the implementation of the Pilkada include the theory of democracy, the theory of the constitution, and the theory of people's sovereignty. The three theories are interrelated to support the implementation of Pilkada in accordance with democratic principles. In addition, there are three levels of public policy, namely macro, meso, and micro public policies.

The Role of Judges Based on Considerations of Community Cultural Values to Create Justice Handika Naufal Husni; Widayati Widayati
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

This paper discusses the role of judges based on the cultural values of the community in realizing justice. With the sociological juridical approach method, namely through the role of judges in court to realize justice. In realizing justice, judges apply the law based on a verdict and the judicial power law that judges have rights and a code of ethics which is specifically regulated in law. Regarding the culture of the community that still exists, it is hoped that the role of the judge is to actualize justice by putting in place a rule and implementing a decision with a legal background that exists in the community, namely customary law as an addition to a decision.

Driving License Management Services In Preventing Traffic Accidents Puguh Agung Dwi Pambuditomo; Widayati Widayati
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

In the Blora Police jurisdiction, the number of traffic accidents from year to year has increased. One of the efforts to reduce the rate of traffic accidents is by making SIM services according to the correct procedure. The purpose of this study was to determine and analyze the service for making a driving license (SIM) at the Blora Police in order to prevent traffic accidents and to find out and analyze the obstacles faced by the Blora Resort Police in making a driving license and their solutions. The approach method used is sociological juridical, descriptive analytical research specifications. Types and sources of data are primary data and secondary data. The data collection methods are field studies and literature studies. The data analysis method uses qualitative analysis. The theory of public service, law effectiveness and benefit theory is used as an analysis knife. The results showed that the service for making a driving license (SIM) at the Blora Police in order to prevent traffic accidents has been implemented in accordance with applicable statutory procedures and can be said to be effective in reducing accident rates. The problem faced by the Blora Resort Police in making a driving license is the lack of number of personnel. The solution is to divide the service into two groups, namely applicants for new SIM and applicants for SIM extensions; the timeliness of service is not in accordance with the SOP, the solution is to immediately take a theoretical test every time a participant has a If there is equipment damage in the SIM service, the solution is to wait for the technician to arrive while still performing services using the available equipment; and lack of public awareness and understanding, the solution is by socializing the community.

Teacher Certification Policy On State Elementary Schools Fahrurroji Sidik; Widayati Widayati
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this study was to determine how the teacher certification policy implementation process and how the certification affects the professionalism of teachers at Wanoja 01 Elementary School and to find out what are the constraints or inhibiting factors in the certification policy. This study uses a sociological juridical approach that uses descriptive research with a qualitative approach with the technique of determining informants using purposive techniques and is developed through the snowball technique. The results of this study indicate that the implementation of the teacher certification policy at Wanoja 01 Elementary School, Salem Sub-District is good and fulfills the six variables of the implementation of public policy models of Van Meter and Van Horn. Certification has a positive role in the level of professionalism of teachers at Wanoja 01 Elementary School, Salem Sub-District. From the results of its implementation, there are several obstacles or obstacles faced. Such as the delay in disbursing the teacher professional allowance and the effect of teacher certification that has not shown significant results for teacher effectiveness in improving quality and quality.

The Law Enforcement Of Rehabilitation Sanctions Against Narcotics Users Irsano Marthanova Erisky; Widayati Widayati
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

The purpose of this study is to identify and analyze the enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police and to identify and analyze the obstacles in law enforcement of rehabilitation sanctions against narcotics users at the Central Java Regional Police. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study conclude that looking at the criminal provisions of Article 127 paragraphs (2) and (3), it can be concluded that judges in deciding cases referred to in Article 127 paragraph (1) are required to pay attention to the articles that regulate rehabilitation provisions so that later addicts and victims Drug abusers can be rehabilitated. The obstacles that come from the government, it is stated that there are 5 (five) obstacles, namely: a) There has not been a special place for addicts and victims of narcotics abusers to rehabilitate, b) The problem of rehabilitation costs for convicts of abuse cases narcotics, c) There is no rehabilitation center appointed by the Government, d) There is a difference in information between the defendant, witnesses and the results of the criminalistic laboratory. e) An execution problem occurred.

Development of Democracy & Phenomenon of Single Candidate in Regional Election (Pilkada) Sarno Wuragil; Widayati Widayati
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

This study aims to answer the problem. What are the factors that cause the emergence of a single candidate in the 2020 Regent and Deputy Regent Election in Wonosobo, what are the obstacles in the regeneration of political parties in Wonosobo Regency? And What is the relationship between a single candidate for regional head elections with the development of Indonesian democracy? This research method uses a juridical-empirical approach. Based on the research, it can be concluded that the Election of Regent and Deputy Regent in Wonosobo Regency is only able to carry one candidate pair. Juridical factors underlie the existence of a single candidate pair. This is due to the constraints on regeneration by political parties which are said to be sudden and the traditional system of selecting candidates. This effect has a significant impact on the quality of democracy in Wonosobo Regency.

Juridical Study on Implementation of Village Chairman Using E-Voting Method Arif Hijrah Saputra; Widayati Widayati
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Evidence is a problem that plays a role in the process of trial court examination which aims to find material truth. From the evidence, it is determined whether the defendant is guilty or not. At this stage of evidence, according to Article 52 of the Criminal Procedure Code, the defendant has the right to present mitigating evidence as a defense to give rise to the judge's conviction that he is innocent. The defendant's submission of mitigating evidence is to protect the rights of the defendant and uphold the principle of equality before the law. The evidence presented by the defendant to prove his innocence was documentary evidence. The purpose of this study was to identify and analyze the use of documentary evidence submitted by the defendant in a murder crime case and to find out the weaknesses and solutions to the use of documentary evidence submitted by the defendant in a murder crime case. This legal research uses empirical juridical research methods, by conducting descriptive analysis. This research uses a statutory approach, documents and field research. This legal research is also supported by the results of interviews with informants. Results of the study: The panel of judges accepted the use of documentary evidence by the panel of judges, but the strength of evidence could not be considered in the verdict. The reason is because documentary evidence is not independent evidence and must be supported by other evidence. In accordance with Article 183 of the Criminal Procedure Code, which regulates the minimum number of at least two valid pieces of evidence. The weaknesses of documentary evidence submitted by the defendant include: (a) From a formal perspective, that the power of proof of documentary evidence in a criminal case is controlled by the rules, namely Article 187 KUHAP, they must determine the conviction of the judge. Evidence in a criminal case to seek material truth, the judge is free and not bound by evidence. (b) In terms of material, whereas what is sought in criminal procedural law is material truth, then the consequence is that the judge is free to use or set aside a letter. Although there is no special regulation, according to the negative evidence system (negatief wettelijk bewijstheorie) adopted by the Criminal Procedure Code, namely there must be confidence from the judge regarding the evidence presented at trial. Even though from a formal perspective, the evidence is an official letter, but the value of perfection does not support it to stand on its own and must comply with the principle of the minimum limit of proof stipulated in article 183 KUHAP.

The Law Enforcement against the Personnel of Corruption Crime Haris Fadillah Harahap; Widayati Widayati
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

The purpose of this research is to analyze and explain: 1) Implementation of law enforcement against perpetrators of corruption in the jurisdiction of the Pemalang District Prosecutor's Office, 2) Efforts made by the Prosecutor in preventing the occurrence of criminal acts of corruption in the jurisdiction of the Pemalang District Attorney that hinders law enforcement against perpetrators of corruption in the jurisdiction of the Pemalang District Prosecutor's Office and the solution. The approach method used in this study is a sociological juridical approach. The sociological juridical approach method is used to study/analyze secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. The results showed that the implementation of law enforcement against perpetrators of corruption in the jurisdiction of the Pemalang District Prosecutor's Office noted that carry out several processes or stages in accordance with the laws and regulations and the Prosecutor's Standard Operating Procedure (SOP), namely examination, investigation, investigation and prosecution. As for prosecution, in addition to criminal efforts, efforts were also made to force the return of money from corruption to be returned to the state treasury. As for the efforts made by the Prosecutor in preventing the occurrence of criminal acts of corruption in the jurisdiction of the Pemalang District Prosecutor's Office, namely through comprehensive policies and comprehensive administrative reform in the form of privatization, deregulation, and decentralization. Factors that hinder law enforcement against perpetrators Criminal acts of corruption in the jurisdiction of the Pemalang District Attorney are the complexity of corruption cases, time constraints, the intensity of examinations by the limited functional supervisory apparatus, the spread of corruption cases through public policies, and the level of public legal awareness is still relatively low.

Co-Authors Ahmad Ridwan Alif Adibatul Lathifah Ari Yudistira Arif Hijrah Saputra Aynun Nurmayanti Chaerul Umam Chichik Nirmasari Denny Kusuma Evy Yuliati Fahrurroji Sidik Fenni Dwi Andina Fitria Primi Astuti Handika Naufal Husni Haris Fadillah Harahap HARTOYO, EKO Hermawan Hermawan Ira Alia Maerani Irsano Marthanova Erisky Isfaizah Isyadora Islami Salma Luh Putu Ratna Sundari Luhur Supriyohadi Nanang Sri Darmadi Ngatno Ngatno Peni Rinda Listyawati Puguh Agung Dwi Pambuditomo Rakhmat Bowo Suharto Sarno Wuragil Sigit Arvianto Siti Rodhiyah Dwi Istinah Siti Ummu Adillah Soffi Widyanesti Priwantoro Sri Kusriyah Sri Mujiyono Sutapa Mulya Sanjaya Suyono Suyono Syariful Fahmi Wahyu Kristiningrum Wardani Rahayu Widya Pratiwi Asmara Yasozisokhi Zebua Yulianto Timang

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