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MODEL PENYELESAIAN SECARA ALTERNATIF DALAM PERADILAN PIDANA (STUDI KHUSUS TERHADAP MODEL PENYELESAIAN PERKARA PIDANA OLEH LEMBAGA KEPOLISIAN) Sudaryono, Sudaryono; Iksan, Muhammad; Kuswardani, Kuswardani
Jurnal Penelitian Humaniora Vol 13, No 1: Februari, 2012
Publisher : Universitas Muhammadiyah Surakarta

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The problem statements of this study include: 1) what are the types of criminal cases handled by the police; 2) how do the police handle the cases; and 3); how do the policeâs insight of handling them alternatively. In the first year, the study aims to 1) establish the types of criminal cases handled by the police; 2) inventory the ways the police handle them; and (3) describe the policeâs insight of a model for handling those alternatively. Hopefully, it can be beneficial for academicians and policy makers. For the academicians, it can be meaningful to contribute to criminal law development, particularly an alternative model for handling criminal cases. For the policy makers, it can be useful to develop a conceptual thinking to make a policy of handling criminal cases oriented to substantive justice.The study is a research of sociological law with qualitative approach. For this, the data included primary and secondary. The data employed a content analysis with legal and theoretical interpretations.Reserch product: In running its juridical responsibility, from January to May, 2011 the Polresta Surakarta has handled a variety of criminal cases. The types of these cases handled by the Polresta in 2011, particularly for five months, consisted of 33 cases. Out of the 2 felony cases were conventional at 25 criminal cases and unconventional (transnational) at 8 criminal cases. In handling the criminal cases, the Polresta Surakarta uses a fixed procedure as a reference to them, as stipulated in the Act of the Criminal Code, operating rule and guidance and technique of the Indonesian Police Administration. In facing the implication of the ADR to handle criminal cases, the Police have actually taken a better action. In the Telegram of the Criminal Investigation Bureau (STR), the Sub-Division of the STR of the Indonesian Police No ST/110/V/2011, dated on May 18, 2001 on the Implication Guidance of the ADR in the Rank of the STR of the Indonesian Police, the STR of the Indonesia Police will apply the ADR to handle criminal cases. Unfortunately, the policy is delayed with the Telegram of the STR of the Indonesian Police No ST/209/IX/2011, dated September 6, 2001 on Delaying the Implication of the ADR in the Rank of the STR of the Indonesian Police.

SPIRITUAL VALUES OF CUSTOMARY LAW kuswardani, Kuswardani; Kurnianingsih, Marisa; Prakoso, Andria Luhur
Jurnal Jurisprudence Vol 8, No 1 (2018): Vol 8, No 1, 2018
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v8i1.6267

Recognition of living law in society or customary law / unwriten law, marking a pluralistic spiritual life that have law. Lawmakers (legislative or judge) must accommodate those values in their legal products. Moreover, judges as formers of practical law are obliged to explore and understand the values that live in society, which is the soul of the nations personality (volkgeist), which is reflected through its Verdicts, so that the verdict can have transcendental values / spiritual values. The enactment of customary law as the basis of the Verdict of the judge or in other words the formation of the law by the judge through the Verdicts based on customary law, has existed before the Indonesian constitution is amended, namely in Article 5 paragraph (3) sub b Act No. 1/1951 About Measures - Temporary Measures for Conducting the Union of Suspended Power and Events of the Civil Courts.

MODEL PENYELESAIAN SECARA ALTERNATIF DALAM PERADILAN PIDANA (STUDI KHUSUS TERHADAP MODEL PENYELESAIAN PERKARA PIDANA OLEH LEMBAGA KEPOLISIAN) Sudaryono, Sudaryono; Iksan, Muhammad; Kuswardani, Kuswardani
Jurnal Penelitian Humaniora Vol 13, No 1: Februari, 2012
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/humaniora.v13i1.917

The problem statements of this study include: 1) what are the types of criminal cases handled by the police; 2) how do the police handle the cases; and 3); how do the police?s insight of handling them alternatively. In the first year, the study aims to 1) establish the types of criminal cases handled by the police; 2) inventory the ways the police handle them; and (3) describe the police?s insight of a model for handling those alternatively. Hopefully, it can be beneficial for academicians and policy makers. For the academicians, it can be meaningful to contribute to criminal law development, particularly an alternative model for handling criminal cases. For the policy makers, it can be useful to develop a conceptual thinking to make a policy of handling criminal cases oriented to substantive justice.The study is a research of sociological law with qualitative approach. For this, the data included primary and secondary. The data employed a content analysis with legal and theoretical interpretations.Reserch product: In running its juridical responsibility, from January to May, 2011 the Polresta Surakarta has handled a variety of criminal cases. The types of these cases handled by the Polresta in 2011, particularly for five months, consisted of 33 cases. Out of the 2 felony cases were conventional at 25 criminal cases and unconventional (transnational) at 8 criminal cases. In handling the criminal cases, the Polresta Surakarta uses a fixed procedure as a reference to them, as stipulated in the Act of the Criminal Code, operating rule and guidance and technique of the Indonesian Police Administration. In facing the implication of the ADR to handle criminal cases, the Police have actually taken a better action. In the Telegram of the Criminal Investigation Bureau (STR), the Sub-Division of the STR of the Indonesian Police No ST/110/V/2011, dated on May 18, 2001 on the Implication Guidance of the ADR in the Rank of the STR of the Indonesian Police, the STR of the Indonesia Police will apply the ADR to handle criminal cases. Unfortunately, the policy is delayed with the Telegram of the STR of the Indonesian Police No ST/209/IX/2011, dated September 6, 2001 on Delaying the Implication of the ADR in the Rank of the STR of the Indonesian Police.

Hak Reproduksi Perempuan dan Hukum Pidana Kuswardani, Kuswardani; Handrawan, Handrawan; Wardhani, Widhia Kusuma
Halu Oleo Law Review Vol 3, No 2 (2019): Halu Oleo Law Review: Volume 3 Issue 2
Publisher : Halu Oleo University

Hak asasi manusia perempuan berbeda dengan hak asasi manusia laki-laki, perbedaan ada pada hak reproduksinya. Hukum pidana sebagai suatu alat yang memberikan perlindungan terhadap pelanggaran hak asasi itu termasuk pelanggaran hak reproduksi perempuan. Makalah ini mengkaji tentang pengaturan hukum pidana terhadap pelanggaran atau kejahatan terhadap hak reproduksi perempuan. Kajian ini menggunakan pendekatan normatif, fokus pembahasan adalah pengaturan undang-undang pidana nasional (KUHP dan UU pidana di luar KUHP) terhadap kejahatan hak reproduksi perempuan. Hasil kajian menunjukkan bahwa pengaturan kejahatan terhadap hak reproduksi perempuan ada di KUHP khususnya tentang kejahatan terhadap kesusilaan. UU No. 23/2002 tentang Perlindungan Anak dengan beberapa perubahannya, UU No. 23/2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga, UU No. 21/2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang. Ada beberapa hal yang harus dilakukan oleh negara pertama, reformulasi tentang pengaturan zina, dan/atau perkosaan. Kedua, perumusan formulasi baru tentang pelecehan seksual agar jelas dan tegas.Â

KARAKTERISTIK KEKERASAN SEKSUAL TERHADAP ANAK PEREMPUAN DI WONOGIRI DAN BOYOLALI Suwandi, Joko; Chusniatun, Chusniatun; Kuswardani, Kuswardani
Jurnal Pendidikan Ilmu Sosial Vol 29, No 1 (2019): JURNAL PENDIDIKAN ILMU SOSIAL
Publisher : Department of Accounting Education, Faculty of Teacher Training and Education Universitas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jpis.v29i1.8285

The future of this nation depends on the quality of its young generation. Sexual violence against daughters that is rampant today can damage the growth of the spiritual and physical body of the young generation. For this reason, a preventive solution is needed for prevention. This initial study will identify the characteristics of sexual violence against girls which occur in two regions, namely Wonogiri and Boyolali. This research was the qualitative descriptive analytic study that explored and described the characteristics of sexual violence against girls in the two regions. Data was collected through in-depth interviews and document review of key informants, PPA Polres officers, Head of P2TP3A, Head of Women and Children Protection, Solopos.com news and Kompasanda.com, and other key informants. Data were analysed using GAP techniques to obtain insightful initial data. The research conclusion is as follows. a) Most intrafamilial abuses are carried out by stepfather, biological father, victim's sibling and grandfather. b) Extrafamilial violence abuse is carried out by the same age victimâ€™s friends and playing that mocking the victims in abuzz and begin with alcoholic parties. The perpetrator with the status of a boyfriend is difficult to trace, and the actual cases are very large in number. c) Institutional violence abuse often occurs in elementary and junior high schools with the perpetrators is a teacher. The victims are more than one student. d) Ritualistic abuse takes the form of shamanic practices. The triggers are such as; a) inharmonious family situation, b) unfavourable economic conditions, c) unhealthy social environment, d) the negative influence of social media use, e) unstable psychological conditions, and f) superficial understanding of religion

Sexual Violence in Indonesia and Malaysia: A Comparative Study Kuswardani, Kuswardani
Jurnal Media Hukum Vol 26, No 1, June 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190122

Sexual violence (rape) especially committed by boyfriend has been growing rapidly these days. However, the Penal Code cannot be dealt with this issue. In such a case, the sexual intercourse is usually conducted without violence or under threat of violence, but rather based on consent (love). Penal reform should address this issue to accord with the current global development. This paper describes the comparison between the Indonesian Penal Code and the Malaysian Penal Code in regulating rape. The result shows that the formulation of rape in Malaysian Penal Code is broader than its Indonesian counterpart. Under the Malaysian Penal Code, rape is punishable whether it is conducted with or without consent. It seems that the penal reform in Indonesia should adopt the Malaysian approach in order to provide better protection for women from sexual violence. This is also in line with the Beijing Declaration 1993 and the development of the issues in other countries.Â

Sexual Violence in Indonesia and Malaysia: A Comparative Study Kuswardani, Kuswardani
Jurnal Media Hukum Vol 26, No 1, June 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20190122

Sexual violence (rape) especially committed by boyfriend has been growing rapidly these days. However, the Penal Code cannot be dealt with this issue. In such a case, the sexual intercourse is usually conducted without violence or under threat of violence, but rather based on consent (love). Penal reform should address this issue to accord with the current global development. This paper describes the comparison between the Indonesian Penal Code and the Malaysian Penal Code in regulating rape. The result shows that the formulation of rape in Malaysian Penal Code is broader than its Indonesian counterpart. Under the Malaysian Penal Code, rape is punishable whether it is conducted with or without consent. It seems that the penal reform in Indonesia should adopt the Malaysian approach in order to provide better protection for women from sexual violence. This is also in line with the Beijing Declaration 1993 and the development of the issues in other countries.Â

Perlindungan hukum Perlindungan Hukum Terhadap Pasien Sebagai Pengguna Fitur Layanan Kesehatan di Aplikasi Fisdok Kuswardani, Kuswardani; Abidin, Zainal
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.1803

FisDok is a telemedicine healthcare application created by UWHS Physiotherapy students. In health services, this can create an engagement relationship between the provider and recipient of health services, while the provider of the FisDok application platform only functions as a provider of teleconsultation facilities. Patients who get telemedicine services must get legal protection, because there are opportunities for malpractice. This study aims to examine with a sociological juridical approach, descriptive analytic research specifications, the data used are in the form of primary and secondary data to examine whether the FisDok application is safe for consumers of telemedicine services. The method of data collection is literature study and field study, the population is all patients, doctors and physiotherapists who are involved and registered in the FisDok application, samples are taken by non-random sampling with purposive sampling type, namely all 10 patients, 1 doctor, and 4 physiotherapists people and analyzed qualitatively. The results of the study show that the implementation of legal protection for patients as users of the FisDok application has been carried out well, it is proven that health workers already have an STR an accordance, particularly law no. 36 of 2014 and PerMenKes No. 20 of 2019.

Implementation of the principles of legal certainty and legal justice in free decisions defendant of narcotics crime (Study decision number 281/Pid. Sus/2021/Pn Rni) Ajlin, Ajlin; Kuswardani, Kuswardani; Ikhsan, Muchamad
The International Journal of Politics and Sociology Research Vol. 11 No. 3 (2023): December: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v11i3.211

The research aims to find out the legal basis and judge's considerations in the decision (Number 281/Pid. Sus/2021/PN RNI and to find out whether the decision (Number 281/Pid. Sus/2021/PN RNI) has fulfilled the principles of legal certainty and legal justice The research approach uses normative law, which is legal research by looking at library materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. Then these legal materials will be processed and arranged systematically, studied, then conclusions will be drawn. related to the problem under study. Results: First, the legal facts show that the defendant was caught red-handed while taking a package containing leaves, stems and dried seeds, which is marijuana which is included in Class I narcotics at the JNE agent and the arrest was considered legal according to statutory regulations. in force, as stated in the decision of the Raba Bima District Court Number 281/Pid. Sus/2021/PN RNI, the defendant was not proven to have violated the provisions of Article 114 paragraph (1) of Law Number 35 of 2009 on Narcotics Crimes and the defendant was acquitted, after carrying out basic legal analysis and careful consideration, the defendant's mistake was proven to fulfill the elements of possession of the goods. However, in this case the judge did not carefully interpret the element of control so that the decision was considered wrong both theoretically and practically.

Kiat-Kiat Mengatasi Permasalahan Hukum Bagi Pelaku Usaha Kecil Mikro di Desa Pandeyan Kurnianingsih, Marisa; Kuswardani, Kuswardani; Hartanto, Hartanto
Abdimas Indonesian Journal Vol. 4 No. 1 (2024)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/aij.v4i1.317

The development of micro small businesses must be directly proportional to legal knowledge for the perpetrators, because with the development of micro small businesses, the possibility of intersecting with legal problems will be even greater. Of course, all micro small business actors hope that their business is fine, but problems such as civil, criminal, labor, tax will not rule out the possibility of being experienced in the future. Of course, with a good level of knowledge, problems such as disputes or disputes can be avoided in the future or at least if disputes occur micro small business actors know how to overcome them. Evidence of the large number of civil problems in court is an indication that intentionally or unintentionally many business actors do not carry out rights or obligations so that disputes between micro small business actors are born. Tips for overcoming legal problems for micro small businesses aims to foster legal awareness and settlement procedures in the event of disputes in the future, the author feels the need to provide legal counseling for micro small businesses in order to foster knowledge and understanding related to tips on overcoming legal problems for micro small businesses for the realization of more advanced Indonesian micro small businesses.

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