Sigit Setyadi
Fakultas Hukum Universitas Janabadra

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

EKSEKUSI NARAPIDANA ANGGOTA MILITER YANG DIBERHENTIKAN TIDAK HORMAT DARI DINAS MILITER Sigit Setyadi
Kajian Hukum Vol 3, No 2 (2018): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (587.828 KB)

Abstract

The research entitled, "INMATES EXECUTION OF MILITARY MEMBERS THAT DISHONORABLY DISCHARGE FROM MILITARY SERVICES," is a normative juridical study, which applies the rule of law (legislation) applied to the practice of the institution in the city of Yogyakarta, namely in the Military Oditurate II.10 Yogyakarta and Yogyakarta Correctional Institution (Penitentiary). The Military Oditurate implements a Military Court decision which already has permanent legal powers remaining in prison / jail sentence, and then assigns the convict's guidance to the Public Penitentiary, with a Submission Letter of Prisoners (Official Submission Report). The reason of guidance for the convict of military members with dishonorably discharge (dismissal) to the Public Penitentiary is due to the convict / prisoner, after dismissal from the authorized institution, his status becomes a citizen / civil society again, no longer subject to the rules specifically applicable to members of the military. Public Penitentiary counsel prisoners based on laws and regulations applicable to the general public, namely Law Number 32 Year 1995 regarding Socialization, along with their implementing regulations. At the beginning of the counseling, the inmates are separated from his room by a public prisoner for one month, or in a time that is considered sufficient, after which he is made one with his inmate / other prisoner. Furthermore, the establishment treated the same with other inmates / prisoner. It is just that because there is a remnant of the criminal case that must be settled, usually less than a year, then this raises the problem, namely that the inmates / prisoner cannot get a parole or leave free, as per applicable lawsuits.Keywords: execution of inmates, members of military, dismissed
PERAN RUPBASAN (RUMAH PENYIMPANAN BENDA SITAAN NEGARA) DALAM PENEGAKAN HUKUM Sigit Setyadi
Kajian Hukum Vol 1, No 2 (2016): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (432.068 KB)

Abstract

AbstractConfiscated objects are obtained due to criminal cases, has given rise to a complicated problem because in addition to its importance as evidence in court proceedings, as well as its value is very precious, good value for the case, as well as the nominal value, especially in a big case like corruption. For that research in Yogyakarta, especially in Bantul, the problem "the Role of Home for State Confisticated Obeject Storage (RUPBASAN) in Law Enforcement. This type of research is yuridicalapplied.From the research conducted, it can be concluded as follows: 1.RUPBASAN in law enforcement, quite a role, particularly for the legal certainty of goods into evidence a criminal case. To ensure the arrangement is enough to legislation, government regulations, the Minister / Director General of the force, which can be applied in the field, namely Law No. 8 Year1981 on Criminal Proceedings, which is known as the Criminal Procedure Code, Law No. 12 Year 1995 on Corrections; RUPBASAN specific provision contained in Article 44-46 Criminal Procedure Code, and PP 27 Year 1983 on the Implementation of the Book of the Law of Criminal Law; Regulation of Minister of Law and Human Rights No. M.HH-05.OT.01.01 Year 2010 on Organization and Administration of the Ministry of JLaw and Human Rights of the Republic of Indonesia; Regulation of Minister of Law and Human Rights No. 16 Year 2014 on Procedures for Management of State Confiscated Objects; Decision of the Director General PasNumber: PAS-140.PK.02.01 Year 2015 on Implementation Guidelines for Management of Confiscated Objects of State and the House of State Confiscated Objects Storage.With the implementation of the provisions of proficiency level, in RUPBASAN will be secured, the existance of legal certainty, so that especially the people who lodged a criminal case no longer be worried about the goods, especially for goods in execution are not deprived of the state as evidence of criminal case.2. Concerning to the constraints faced RUPBASAN in law enforcement: a.Concerning to the infrastructure are on average not sufficient for the execution of tasks in the field, particularly equipment that is very expensive; b. Difficulties associated with particular expertise in the certain field, especially research Bashan, required specialized personnel (experts) can not always be met by the officer in RUPBASAN; c. Adequate security force is necessary, in order to keep the state confiscated goods that have a very important role in the judicial process.3. Solutions to address these constraints: a. to use equipment available to carry out their duties even with equipment that was not optimal; b. to overcome the lack of experts in specific fields related to research, often conducted (MoU) with various agencies to address them. Keywords: role, RUPBASAN, law enforcement.
PERAN DENSUS 88 ANTI TEROR POLRI DALAM DERADIKALISASI NARAPIDANA TERORISME DAN MANTAN NARAPIDANA TERORISME DI WILAYAH HUKUM JAWA TENGAH SEBAGAI UPAYA PENEGAKAN HUKUM Mahfud Suwono Jati; Ishviati Joenaini Koenti; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.743 KB) | DOI: 10.37159/jmih.v2i2.789

Abstract

Terrorism is considered extraordinary crime, therefore, Indonesian government issued Law No. 15 of 2003 and Law No. 9 of 2013 and formed Detachment 88 Anti-Terror Unit. Terrorism is driven on the basis of ideology so that Densus 88 AT employs de-radicalization in handling the terrorists and former terrorists. De radicalization aims to change radical ideology. Most of the terrorists and former terrorists who have been deradicalized do not change their radical ideologies easily. The former terrorists instead commit to terrorism over and over again by recruiting new members found in correctional institutions. This is juridical empirical research based on social issues. The research specification is analytical descriptive research. The primary data was taken from an interview with de-radicalization officers in the police headquarters. Meanwhile, the secondary data was taken from literature study. The data collection was conducted by applying field research, literature, and interviews. The data analysis employs qualitative descriptive method.The study results the following conclusions: The role of Densus 88 AT in de radicalization of terrorists and former terrorists in Central Java used identification, re-socialization, reeducation and monitoring; The obstacles encountered by Densus 88 AT were that there was no law regulating the de-radicalization so that the terrorists and former terrorists were not obliged to follow the de-radicalization, the number of the de-radicalization officers was not balanced with that of the terrorists and former terrorists and not all of the officers joined the de-radicalization training, the correctional institution for the terrorists was not separated from that for the famous criminals, accordingly they potentially taught radical doctrines to the famous criminals, the views and attitudes of the society despising the former terrorists’ relatives make them rejoin terrorist networks.
IMPLEMENTASI CUTI BERSYARAT SEBAGAI WUJUD PEMBINAAN BAGI NARAPIDANADI RUMAH TAHANAN NEGARA KELAS IIA YOGYAKARTA A. Vinda Paramitasari; Ishviati Joenaini Koenti; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.894 KB) | DOI: 10.37159/jmih.v2i2.790

Abstract

The imprisonment system initially emphasizes elements of revenge and enmity. But now the system of imprisonment is seen no longer in line with the concept of rehabilitation and social reintegration that aims to make inmates acceptable again by the community and no longer repeat the mistakes he made. One of the stages of coaching that every prisoner must take is the stage of social reintegration. Every prisoner who is in Rumah Tahanan Negara Kelas IIA Yogyakarta must follow in an orderly manner every specific guidance and activity program conducted by Rumah Tahanan Negara Kelas IIA Yogyakarta. If in the coaching program runs well, then the inmates who follow the program are entitled to an appreciation, one of which is the provision of Conditional Leave.The results obtained in this study are the mechanism of the release of conditional leave declaration and the implementation of conditional leave in Rumah Tahanan Negara Kelas IIA Yogyakarta.