R. Sugiharto Sugiharto
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The Implementation of Rehabilitation against Narcotics Abuser Noorul Umaya; Latifah Hanim; R. Sugiharto Sugiharto
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.4.1.76-82

Abstract

The purpose of this study is to find out and analyze the implementation of rehabilitation for narcotics abusers, to find out and analyze the obstacles faced by the Public Prosecutor in implementing the rehabilitation of narcotics abusers and their solutions. The research approach method used is the sociological juridical method. The conclusion of this study is that the implementation of rehabilitation for narcotics abusers is carried out entirely by the National Narcotics Agency (BNN). The obstacles faced by the Public Prosecutor in implementing rehabilitation are the absence of juridical qualifications between the types of criminal offenses and violations, the absence of a special rehabilitation center for narcotics abusers, the lack of rehabilitation technicians and the limited rehabilitation budget owned by the National Narcotics Agency (BNN).
The Criminological Ideas in the Criminal Enforcement of Illegal Logging Dodyx Bremiardika; Rakhmat Bowo Suharto; R. Sugiharto Sugiharto
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.4.3.454-460

Abstract

The purpose of this paper is to examine and analyze the Criminology review of the factors that cause the occurrence of illegal logging crimes. In this paper, the author uses a normative juridical method. In the conclusion of the discussion that the factors of the occurrence of illegal logging in the perspective of criminology, namely first, the legal factor itself, the better a legal regulation, the more likely it is to enforce it. Both factors are law enforcement, law enforcement is strongly influenced by law enforcement officials. If a regulation is good but the quality and quantity of law enforcement apparatus is low, then the desired law will not be realized. Third, cultural factors play an important role in the occurrence of illegal logging. Illegal logging perpetrators commit these crimes because there are cultural demands that require them. Indonesia has hundreds of tribes and cultures in which the interior is very diverse. Fourth, Community factors can also affect law enforcement itself, because law enforcement comes from the community and aims to achieve peace in society. In this case what is important is the legal awareness of the community, the higher the legal awareness of the community, the better law enforcement.
The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System Hendra Wahyudi; Umar Ma'ruf; R. Sugiharto Sugiharto
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.4.3.373-380

Abstract

One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.
The Forfeiture of the Convict's Assets Obtained from the Corruption Crime Yoga Ristamana; Umar Ma'ruf; R. Sugiharto Sugiharto
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.%p

Abstract

The practice of corruption in Indonesia occurs in almost every layer of the bureaucracy, both legislative, executive and judicial, and has even become entrenched and has also spread to the business world, making it very difficult to change it. That uncovering criminal acts of corruption, finding the perpetrators and placing the perpetrators of criminal acts in prison has not been effective in reducing the level of corruption crimes, especially if it is not accompanied by efforts to confiscate and confiscate the proceeds of corruption. This study was conducted to determine the implementation of the seizure of assets convicts of corruption in the criminal act of corruption Jiwasraya. This study uses an empirical juridical approach with descriptive analytical research specifications, types and sources of data, namely primary data by conducting interviews and secondary data by conducting library research. The results of the study indicate to determine the implementation of the seizure of assets convicts of corruption in the criminal act of corruption Jiwasraya. The inhibiting factor is that many goods resulting from corruption have been transferred to other parties as well as legal constraints, while efforts to overcome them are that clear rules are needed to carry out the seizure of assets belonging to the Jiwasraya corruption convicts, and cooperation with related parties is needed to facilitate the implementation of asset confiscation convicted of corruption.