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Mulyono Mulyono
Universitas Islam As-Syafi'iyah
Humanities Law, Crime, Criminology & Criminal Justice

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LEGAL ENFORCEMENT OF HEALTH PROTOCOL VIOLATION IN COVID-19 PANDEMIC Nurul Alfiyani Hidayah; Mulyono Mulyono; Damrah Mamang
Jurnal Hukum Jurisdictie Vol. 4 No. 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.89

Abstract

The spread of the COVID-19 virus that has hit Indonesia at this time has had a wide impact on the joints of the life of the nation and state. Efforts to prevent and control the spread of the COVID-19 virus to be more effective have legal consequences, namely by implementing a criminal policy regarding limiting crowds with the threat of sanctions in the form of criminal sanctions, social sanctions and administrative sanctions. This study uses a normative juridical research method and is descriptive analytical. The regulation of criminal sanctions against perpetrators of violations of the health protocol, refers to Article 10 of the Criminal Code which consists of basic and additional penalties. The form of civil law sanctions can be in the form of obligations followed by the creation of new legal conditions. Social sanctions are types of sanctions outside the Criminal Code such as administrative sanctions, law enforcement against violations of health protocols as well as the criminal justice system. Such as the investigation and investigation stage, the prosecution stage, the examination stage in court and the decision implementation stage. One of the violations of health protocols that caused a crowd, which refers to the case that ensnared the Deputy Chairperson of the Tegal City DPRD Wasmad Edi Susilo, was sentenced by the Panel of Judges to imprisonment for 6 (six) months and a fine of Rp. 50,000,000.00,- (fifty million rupiah) provided that if the fine is not paid, it will be replaced with imprisonment for 3 (three) months. The results of this study indicate that both the Criminal Code and the special law on health quarantine are used as the basis for punishment for violators of health protocols. The criminal sanctions imposed by the government on perpetrators of violating health protocols are expected to be significant in dealing with Covid-19, of course, by considering the principle of proportionality and based on the goal of realizing justice.
LEGAL SOLUTION FOR LOCAL BUDGET CORRUPTION CRIME IN COVID-19 PANDEMIC ERA Siti Nur Mutiyah; Mulyono Mulyono; Siti Nur Intihani
Jurnal Hukum Jurisdictie Vol. 4 No. 1 (2022): Penerapan Hukum Pada Masa Covid-19
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v4i1.94

Abstract

The crime of corruption in the misuse of village funds in Indonesia has long been a public concern. Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, still seems to be ineffective in making perpetrators of misuse of village funds afraid and deterrent. One example of a criminal act of corruption in the Sukowarno village fund, Suka Karya District, Musi Rawas Regency, there are indications of irregularities in the accountability of the Village Fund for communities affected by the Covid-19 pandemic. Data analysis was carried out using qualitative data analysis methods. Based on the results of the study, the legal settlement of the criminal act of corruption in village funds during the covid-19 pandemic (study of the Palembang District Court Decision Number: 06/Pid.Sus-TPK/2021/PN.Plg) was appropriate and in terms of the application of material criminal law. the defendant's actions were legally and convincingly proven guilty of committing a criminal act of corruption as stated in the Primary Public Prosecutor's indictment in Article 2 of the Law on the Eradication of Criminal Acts of Corruption. The Panel of Judges sentenced the defendant to imprisonment for 8 (eight) years and a fine of Rp. 200,000,000.00 (two hundred million rupiah), this illustrates that the Panel of Judges is serious about enforcing the law against perpetrators of misuse of village funds, although a verdict is still expected. higher. However, according to the author, the Panel of Judges also carried out non-juridical considerations based on the background of the defendant, the consequences of the defendant's actions should the perpetrators of the Corruption Crime of Village Funds During the Covid-19 Pandemic be sentenced to death, the aim is to create a deterrent effect and prevent recurrence. the same thing in the future.
LEGAL PROTECTION OF PASPAMPRES WHICH SERVICES ASSIGNED TO SECURE THE PRESIDENT Danardana Permadi; Mulyono Mulyono; Slamet Riyanto
Jurnal Hukum Jurisdictie Vol. 5 No. 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.112

Abstract

This legal research on legal protection for Paspampres soldiers tasked with securing the President aims to examine and formulate forms of legal protection for Paspampres soldiers tasked with securing the President. The formulation of the problem includes: (a) how is the legal protection for Paspampres soldiers in charge of securing the president; and (b) and how to formulate the ideal concept of legal protection for the Paspampres which has the duty to protect/secure the president. The research method used in this research is explanatory with a normative juridical approach. The results of this study indicate that legal protection for soldiers who carry out the task of protecting the President is still low and inadequate with their very heavy duty as a safety, protector, and life shield for the Head of State. Paspampres soldiers are still often blamed when there is a security threat to the President, even though the threat actually comes from the President's lack of/disobedience to the security protocol, while Paspampres soldiers have clearly worked according to the SOP. Protection of Paspampres Soldiers in general with legal protection for other TNI soldiers. Until now, there has been no special protection arrangement for the Presidential Security Forces when it comes to securing the President. The ideal concept for the protection of Paspampres soldiers is to be specifically differentiated and improved in quality, commensurate with the weight of the duties and security of the President. Therefore, it is necessary to make special regulations regarding legal protection for Paspampres Soldiers. One of the contents of the special regulation is that the Paspampres soldiers are not blamed if there is a threat to the President's security due to the President not complying with the security protocol, while the Paspampres soldiers have clearly complied with the SOP in securing the President. The conclusion of this study is the need to formulate special regulations regarding legal protection for Paspampres Soldiers.
THE LAW ENFORCEMENT AGAINST TERRORISM CRIMINAL ACTS USING CHEMICALS, BIOLOGICAL AND RADIOACTIVE MATERIALS IN A JUSTICE PERSPECTIVE Yofran Hengki Ndoluanak; Mulyono Mulyono; Damrah Mamang
Jurnal Hukum Jurisdictie Vol. 5 No. 1 (2023): PROTECTION OF CHILDREN AND PROHIBITION OF DRAG USE
Publisher : Fakultas Hukum, Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34005/jhj.v5i1.120

Abstract

Law enforcement is aimed at improving order and legal certainty in society. This is done, among others, by controlling the functions, duties and authorities of the institutions tasked with enforcing the law according to the proportions of their respective scopes, and based on a good cooperation system that supports the goals to be achieved. One of the characteristics of terrorist crimes is the use of explosives assembled from chemical, biological and radio-active substances. Law enforcement officers are obliged to tackle these crimes. The problems in this research are a. How is the regulation of law enforcement against perpetrators of criminal acts of terrorism using chemical, biological and radioactive materials? b. What is the concept of law enforcement against perpetrators of criminal acts of terrorism using chemical, biological and radioactive materials in the perspective of justice? By using a normative juridical research method with a statutory approach and a case study approach, it is known that a. Regulations Law enforcement against perpetrators of criminal acts of terrorism using chemical, biological and radioactive materials currently has not succeeded in suppressing theoretical crimes, this is because, not a few former terror convicts are re-involved in terrorism networks, moreover, national network terrorist cells and international terrorism is still quite high. b. The concept of law enforcement against perpetrators of criminal acts of terrorism using chemical, biological and radioactive materials in the perspective of justice, namely collaborating between Ministries/Agencies such as POLRI, BNPT, BAPETEN, BNPB, TNI and the Ministry of Industry in handling chemical, biological and radioactive crimes in the realization of the stability of the Home Affairs Ministry. by integrating various kinds of existing SOPs by taking into account the urgency/level of threats faced, the common vision of all relevant Ministries/Institutions and not violating the provisions of applicable laws and regulations.
Co-Authors Danardana Permadi Nurul Alfiyani Hidayah Siti Nur Intihani Siti Nur Mutiyah Slamet Riyanto Yofran Hengki Ndoluanak