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The Termination of Middle Criminal Prosecutions based on Restorative Justice Darma Rejekinta Sembiring; Sri Kusriyah; Peni Rinda Listyawati
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.4.1.142-153

Abstract

The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).
Analysis of Legal Protection Measures on Children’s Rape Victims through Child Criminal Judicial Mechanism Mohamad Andi Rochman; Aryani Witasari; Peni Rinda Listyawati
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.239-246

Abstract

The purpose of this study is to examine, identify and analyze the concept of the fulfillment of the rights of victims of protection in the judicial process of criminal acts of child molestation progressively. The approach method used in this research is sociological juridical. The specification of this research is descriptive analytical. Article 90 of the Juvenile Justice System Law concerning children who are victims of criminal acts of obscenity have the right to rehabilitation (Recovery to physical and mental and social medical, both inside and outside the Witness and Victim protection institution), Provision of Compensation (Restitution), and Providing compensation. In the process of investigating and prosecuting children's cases, in conducting an investigation of children's cases, investigators are required to ask for considerations or suggestions from community advisors. The process of examining children, apart from the absence of official attributes used in the trial, the difference between adult and child trials is the closed trial system. The examination process at the trial court, the judge in examining the child's case in the children's trial is declared closed to the public except for the reading of the verdict. The concept of the fulfillment of victim protection rights in the judicial process of child obscene crimes can be concluded progressively, namely first, Cross Examinitation. Second, the principle of fast, simple and low cost justice (systematic resocialization of the offender).
The Juridical Analysis in Viewing the Position of Reported Revocation of Complaints A General Criminal One Party by the Reporter in Investigation Process Pudjiyanto Pudjiyanto; Arpangi Arpangi; Peni Rinda Listyawati
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.470-479

Abstract

This study aims to determine and analyze the legal impact of the unilateral revocation of general crime reports by the reporter at the Semarang Police Station. To find out and analyze the obstacles faced and solutions to unilaterally revocation of reports of general crimes by the reporter at the Semarang Police Station. The research approach method used is legal research analytical descriptive. Based on the research it can be concluded that with the boundaries of the legal field being blurred, it often makes people, most of whom do not understand the law in the criminal and civil spheres, so that all problems are reported or reported to the police. These societal dynamics often result in the revocation of police complaints that are increasingly high in the community as a result of which the issue of legal certainty in the legal process becomes a new boomerang in Indonesia.
The Law Enforcement against Criminal Acts of Violence by Children Muhammad Zubaidi; Sri Kusriyah; Peni Rinda Listyawati
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.431-438

Abstract

The purpose of this study is to determine and analyze law enforcement against perpetrators of criminal acts of violence by children. To find out and analyze legal protection for perpetrators of criminal acts of violence by children. To find out and analyze the barriers to law enforcement against perpetrators of criminal acts of violence by children and efforts to overcome them. The method used by the researcher is a sociological juridical approach to law and the specifications in this study are descriptive. As for the sources and types of secondary data obtained from the literature study. Data analyzed qualitatively. Based on the results of the study that the law enforcement against perpetrators of criminal acts of violence by children have been carried out optimally. Law enforcement against suspects who have committed crimes of child abuse, where the perpetrators have been detained by Police Investigators since the report of abuse was given by the victim to the investigator, and for further investigation the perpetrators are detained by investigators. Legal Protection for Perpetrators of Criminal Acts of Violence by Children is being able to be responsible by serving sentences in accordance with applicable regulations, which in this case are articles 351, 353, 354 and 355 of the Criminal Code. The provisions contained in the article above are articles aimed at anyone who commits a violent crime, more specifically, which results in the death of a person. Obstacle: Victim died, Minor Actors, Suspect Easily to Escape. Efforts to overcome it are dby imposing criminal sanctions. The application of crime to criminals is expected to provide prevention to other people and the general public from committing crimes.
The Investigation of Prostitution Service Providers through Social Media Information and Electronic Transactions Hermawan Hermawan; Widayati Widayati; Peni Rinda Listyawati
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.396-402

Abstract

The purpose of this research is to study and obstacles analysis and solutions in the process of investigating prostitution service providers through information media and electronic transactions. The specification of this research is the normative juridical method. The results of this study indicate that the investigation process carried out by the Cirebon City Resort Police in tackling the crime of online prostitution, investigators carried out several internal stages, including through the investigation process by disguise and trapping the perpetrators. And the obstacles experienced by the Cirebon City Police in the investigation process include collecting sufficient evidence and determining suspects. This is because there are no special rules regarding the investigation of online prostitution, so that investigators conduct undercover investigations as stipulated in the National Police Chief Regulation Number 6 of 2019 concerning Criminal Investigations, then the diversity of laws governing online prostitution, perpetrators falsify real identity, and unprofessional human resources in dealing with cases related to cybercrime. And the solution is the government should implementing truly the Act No. 11 of 2008 concerning Information and Electronic Transactions jo Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions, Act No. 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons, and Act No. 23 of 2002 concerning Child Protection.
Tinjauan Yuridis Sertifikat Tanah Pengganti Dalam Transaksi Jual Beli Tanah Daffa Rizqi Ardiansyah Fatoni; Peni Rinda Listyawati
Jurnal Ilmiah Penelitian Mahasiswa Vol 2, No 2 (2023): September 2023
Publisher : Jurnal Ilmiah Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Sertifikat dalam hal transaksi jual beli tanah merupakan bukti kepemilikan yang berharga agar transaksi jual beli dapat dilaksanakan secara legal, dan sah berdasar pada undang-undang. Atas dasar itulah, dalam kasus kehilangan, kerusakan atau hal lain mengenai sertifikat tanah akan mengganggu transaksi jual beli tanah. Studi ini bertujuan guna mengetahui keabsahan maupun kekuatan hukum sertifikat tanah pengganti selaku bukti kepemilikan dalam perjanjian jual beli tanah, risiko hukum terkait dengan penggunaan sertifikat tanah pengganti dalam perjanjian jual beli tanah dan penyelesaian sengketa atau klaim yang mungkin muncul terkait dengan sertifikat tanah pengganti dalam perjanjian jual beli tanah. Tulisan ini bertujuan untuk mengetahui keabsahan dan kekautan hukum, risiko hukum, dan penyelesaian sengketa terhadap sertifikat tanah pengganti dimana tulisan menggunakan pendekatan yuridis normatif dengan kesimpulan yang didapat bahwasannya sertfiikat tanah pengganti merupakan bukti yang kuat perihal data fisik ataupun yuridis karena merupakan akta otentik yang dalam penerbitannya berdasar pada buku tanah yang ada di Badan Pertanahan Nasional. Demi berjalan lancarnya sebuah transaksi jual beli tanah, pihak yang terlibat dianjurkan untuk melakukan verifikasi data kepada instansi yang terkait dan apabila terdapat sengketa dapat diselesaikan melalui jalur non litigas dan litigasi. Kata Kunci: Tinjauan Yuridis,Sertifikat Tanah Pengganti, Jual Beli Tanah
Co-Authors Arpangi Arpangi, Arpangi Aryani Witasari Daffa Rizqi Ardiansyah Fatoni Darma Rejekinta Sembiring Hermawan Hermawan Mohamad Andi Rochman Muhammad Zubaidi Pudjiyanto Pudjiyanto Sri Kusriyah Widayati Widayati