Sri Yuliana
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REKONSTRUKSI PERKARA SEBAGAI UPAYA DALAM MENGUNGKAP KEJAHATAN Sri Yuliana
Legalita Vol 4 No 1 (2022): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

In essence, law enforcement is a process of adjustment between values, rules and real behavior patterns that aim to achieve peace, so that the main task of law enforcement itself is actually an effort, activity or work so that the law is upright and peace is maintained. stand up. In order to achieve this goal, there must be an adjustment between values ​​or rules and the real behavior faced by law enforcers. Law enforcement, which is a process of concretizing an abstract form of law into a concrete one, means that laws and regulations are meaningless if they are not applied concretely by law enforcement officials. In law enforcement itself, it is necessary to have evidence activities that can be used by law enforcers (investigators) in this case to take other actions, including reconstructing. In this case, the police in carrying out law enforcement use their coercive power to obtain clear evidence that is in accordance with law enforcement when viewed from the point of view of the subject, law enforcement can be carried out by a broad subject and can also be interpreted as law enforcement efforts that involve all subjects. law in every legal relationship. In a narrow sense, in terms of the subject matter, law enforcement is only defined as the efforts of certain law enforcement officials to guarantee and ensure that the law is enforced, if necessary, law enforcement officials are allowed to use force. Law enforcement efforts are divided into two, namely by penal (criminal law) and non-penal (outside criminal law). In this case, reconstruction is included in the penal method, namely to enforce the law for the victim so that the incident that caused harm to the victim can be revealed so that the real incident is clear. This also applies to law enforcement against suspects, meaning that in the reconstruction the suspect needs to be proven whether it is true that the suspect committed the crime or not. The implementation of reconstruction or other activities carried out by police investigators must have the basis of the laws and regulations governing it. Without the rules that regulate it, it can be said that law enforcers themselves do not enforce the law, even against the law.
Implementasi Tugas Dan Fungsi Komisi Pemberantasan Korupsi Sebagai Independent Agencies Dalam Sistem Ketatanegaraan Di Indonesia Virna Dewi; Sri Yuliana
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 8, No 1 (2023): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v8i1.2378

Abstract

The 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia) confirms that Indonesia is a constitutional state. Therefore, the administration of the state in Indonesia must uphold the values of Pancasila and the 1945 Constitution of the Republic of Indonesia, and guarantee that all citizens, together with their position before law and government, in carrying out constitutional affairs. From the perspective of this rule of law, it is the law that holds the highest command in the administration of the state. Thus, in fact the leader in administering the state is the law itself, in which there is an understanding of the recognition of the principle of legal and constitutional supremacy, adherence to the principle of limitation and separation of powers according to the constitutional system regulated in the Constitution. There are three classical functions of power in legal and political theory, namely the legislative, executive and judicial functions or called the trias politica. Problems Based on the background of the problems described above, the problems that are examined and discussed are as follows how the implementation of the duties and functions of the Corruption Eradication Commission as independent agencies in the Indonesian constitutional system and what are the obstacles to implementing the duties and functions of the Corruption Eradication Commission as independent agencies. Type of Research This research is normative juridical research or also called doctrinal research. In this type of research, law is conceptualized as what is written in laws and regulations (law in book) or law is conceptualized as rules or norms which are standards for human behavior that are considered appropriate.
PELANGGARAN LALU LINTAS OLEH ANAK-ANAK DI BAWAH UMUR DI DESA SIMPANG RIMBA KABUPATEN BANGKA SELATAN Sri Yuliana
Justici Vol 13 No 2 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Abstract Land transportation plays a very important role in supporting national development and has the largest contribution in serving human mobility and distribution of trade and industrial commodities in various regions. As stated in Article 77 of RI Law No.22 of 2009 concerning Traffic and Road Transportation that every motorized vehicle driver must have a SIM. With the existence of a driver for children on the streets it is certain that a child who is underage does not have a SIM. How is the application of the law for traffic violators, especially minors in Simpang Rimba Village, South Bangka? The application of the law against traffic violations committed by minors, namely: Exemption from violations, Actions that are not optimal, and maximum Actions.
IMPLEMENTASI PROGRAM E-KTP DALAM RANGKA TERTIB ADMINISTRASI KEPENDUDUKAN DI DESA MANGKOL KABUPATEN BANGKA TENGAH Sri Yuliana
Justici Vol 13 No 1 (2020): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

Abstract E-KTP is a National KTP that is regulated in Law No. 24 of 2013 concerning Population Administration, Presidential Regulation No. 26 of 2009 concerning the application of KTP based on the National Population Registration Number, and Presidential Regulation No. 35 of 2010 concerning amendments to Presidential Regulation No. 26 of 2009. With the enactment of Law Number 24 of 2013 concerning Population Administration with the aim of establishing orderly population administration in the National scale and ensuring legal certainty of civil rights of the population, also for the benefit of National development programs, so that updating of population data is required, publishing Population Identification Number (NIK) and e-KTP application. One of the improvements in community service in Mangkol Village is the implementation of the e-KTP program in order to improve the orderly administration of population. Before the national e-KTP program was implemented, the Directorate General of Population and Civil Registration of the Ministry of Home Affairs had used the SIAK (Population Administration Information System) application in Regencies / Cities in Indonesia, but in its implementation it turned out that not all districts / cities implemented it. This is due to data communication network problems that have not been able to go online throughout Indonesia and other problems. Based on data and findings in the field as well as observations made by the research team that the implementation of the e-KTP program in Mangkol Village has not been effective in its implementation due to various factors: 1. The distance where the e-KTP making is far enough causes the slow implementation of the e-KTP program in the Village Bowl. 2. As a result of the Mangkol Village area directly bound by the City of Pangkalpinang. 3. Mangkol Village area which is a division of the City of Pangkalpinang is one of the factors in the slow implementation of the e-KTP program in Mangkol Village Abstract E-KTP is a National KTP that is regulated in Law No. 24 of 2013 concerning Population Administration, Presidential Regulation No. 26 of 2009 concerning the application of KTP based on the National Population Registration Number, and Presidential Regulation No. 35 of 2010 concerning amendments to Presidential Regulation No. 26 of 2009. With the enactment of Law Number 24 of 2013 concerning Population Administration with the aim of establishing orderly population administration in the National scale and ensuring legal certainty of civil rights of the population, also for the benefit of National development programs, so that updating of population data is required, publishing Population Identification Number (NIK) and e-KTP application. One of the improvements in community service in Mangkol Village is the implementation of the e-KTP program in order to improve the orderly administration of population. Before the national e-KTP program was implemented, the Directorate General of Population and Civil Registration of the Ministry of Home Affairs had used the SIAK (Population Administration Information System) application in Regencies / Cities in Indonesia, but in its implementation it turned out that not all districts / cities implemented it. This is due to data communication network problems that have not been able to go online throughout Indonesia and other problems. Based on data and findings in the field as well as observations made by the research team that the implementation of the e-KTP program in Mangkol Village has not been effective in its implementation due to various factors: 1. The distance where the e-KTP making is far enough causes the slow implementation of the e-KTP program in the Village Bowl. 2. As a result of the Mangkol Village area directly bound by the City of Pangkalpinang. 3. Mangkol Village area which is a division of the City of Pangkalpinang is one of the factors in the slow implementation of the e-KTP program in Mangkol Village
Empirical Studies: Upaya Masyarakat Desa Penagan Dalam Mendorong Percepatan Pembangunan, Efisiensi Pelayanan Publik Melalui Pemekaran Desa Virna Dewi; Sri Yuliana
Justici Vol 14 No 2 (2021): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

The issue of the expansion of Penagan Village isn’t a new issue in the community. The villagers of Penagan have been trying very hard to penagan Village expansion. But, there are no result for their efforts. The villagers of Penagan are still waiting for government to respond their demand. The villagers of Penagan claimed that they dont understand the reasons why government never response their demand. This research is a normative research and to make the analysis more deeper, this research used explanatory research. The research data collected from document analysis such as statute, doctrine, observations, interviews and questionnaires with the villagers of Penagan. The result of this research shows that Penagan Village is worhty for expansion. Village expansion will be able to give a good effect like better development and efficiency of public services. Village Expansion also hoped to solve problem that come because of a big teritorial and population. So, that the future of the village can be more advanced.
PERLINDUNGAN HUKUM TERHADAP USAHA KECIL MENENGAH (UKM) BERDASARKAN UU NO. 8 TAHUN 1999 TENTANG HUKUM PERLINDUNGAN KONSUMEN Sri Yuliana
Justici Vol 15 No 1 (2022): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

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Abstract

In Indonesia, SMEs have been the backbone of the economy for a long time. The number of SMEs until 2011 reached around 52 million. SMEs in Indonesia are very important to the economy as they contribute 60% of GDP and accommodate 97% of the workforce. However, access to financial institutions is very limited, only 25% or 13 million SMEs have access to financial institutions. The Government of Indonesia, fosters SMEs through the Office of Cooperatives and SMEs, in each province or district/city. It can be said that Small and Medium Enterprises or SMEs have an important role in the Indonesian economy. But all businesses including SMEs also have big challenges such as hiring the right people, building a brand and many others. And also challenges in terms of marketing the product. As a state of law, a state based on law (rule of law), the government should stipulate a basic concept that contains legal guidance on the direction of national law development for a certain period of government. The lack of protection makes Indonesian MSEs have difficulty in developing, unfortunately this fact is often misunderstood by the government, the business world and the community. However, its existence in the APBN structure often suffers from economic injustice, such as to meet the demand for disaster emergency response funds from the regions. The allocation of funds that should be used for the development of SMEs is requested to be allocated for flood disasters. This will make SMEs feel stepchildren in their own country. The role of government in market economies, especially in Asia, is very large and significant. The big challenge for the government's role for SMEs, apart from various internal obstacles, is the extent to which they create dependence on foreign economic intervention. Because avoiding foreign investment in the Indonesian economy is also something that is very unlikely in this era of globalization. But the idea of ​​developing SMEs, at least, can help the Indonesian economy to reduce dependence on foreign parties. To realize a strong national economy, SMEs need to be empowered so that they can become strong and independent and can develop.However, if it is manipulated, the government has long been providing guidance to small, medium-sized enterprises and cooperatives. The development of this business group since independence has undergone several changes. In the past, coaching for cooperatives was separated from coaching for small and medium enterprises. One is fostered by the Ministry of Cooperatives, while the other is fostered by the Ministry of Industry and the Ministry of Trade. After going through several changes, since the last few years the development of small, medium and cooperative businesses has been carried out under one roof under the Department of Cooperatives, Small and Medium Enterprises.