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Tanggungjawab Sekretaris Desa Papringan Dalam Kasus Sengketa Tanah di Desa Papringan Suwarto, Suwarto; Santoso, Aris Priyo Agus; Habib, Muhamad; Elisanti, Evi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3090

Abstract

The aim of this research is to determine the responsibilities and obstacles of the Papringan village secretary in cases of land disputes in Papringan Village. The research location is at the Papringan Village Office, Kaliwungu District, Semarang Regency. The research method used an empirical juridical legal science approach. Primary data was obtained through interviews, discussions with village secretaries, parties in land disputes, village communities to provide information regarding the resolution of land dispute cases through mediation. Secondary data was obtained from library literature. Data collection techniques used were literature studies, interviews and documentation. The qualitative descriptive data analysis technique used an interactive analysis model. The results of the research show that the responsibility carried out optimally by the village secretary can improve services, development and empowerment of the village both individually and in the village community, so that the implementation of the duties and functions of the village secretary in resolving land dispute cases is more focused in a planned, orderly manner in order to achieve the expected goals. The Village Secretary's responsibilities are carried out efficiently, effectively and are able to reduce the emergence of problems in resolving land dispute cases through mediation. The obstacles of the Papringan village secretary in the land dispute case in Papringan Village are internal and external factors. The conclusion of this research is that the responsibility of the village secretary in resolving land dispute cases in Papringan Village is good enough and optimal so that obstacles to resolving land dispute cases can be minimized.
Analisis Yuridis Alih Fungsi Tanah Kas Desa Untuk Pembangunan Kolam Renang di Desa Udanwuh Suwoto, Suwoto; Santoso, Aris Priyo Agus; Hastuti, Indra; Elisanti, Evi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3354

Abstract

The aim of this research is to determine the regulation of the transfer of land to the village treasury and the obstacles of the Udanwuh Village government to building a swimming pool. The research location is at the Udanuwuh Village Hall Office, Kaliwungu District, Semarang Regency. The type of research used is an empirical juridical approach. The type of data, namely primary data, was obtained through interviews and discussions with several parties in order to provide information related to the transfer of land to the village treasury. Secondary data was obtained from library literature. Data collection techniques through literature study, interviews. Qualitative descriptive data analysis techniques. The results of the research show that the arrangement for the conversion of Village treasury land for the construction of a swimming pool in Udanwuh Village is in the form of government land in Udanwuh Village on title C Village Number 4, Plot 29 Class SII located in Ngrancah Hamlet RT.03 RW.02 village treasury land with a total area of + /- 833m2 and for the construction of swimming pools of +/-753 m2 and +/-130 m PDAM is used. Obstacles related to licensing for the conversion of village treasury land for the construction of swimming pools are based on Semarang Regency Regional Regulation No. 14 of 2003. However, with the issuance of Regional Regulation No. 21 of 2021 concerning the revocation of Semarang Regency Regional Regulation No. 14 of 2003, this has resulted in permits not being completed or delayed. The conclusion of the research is that the conversion of land functions in order to comply with applicable regulations, has a positive impact on the progress of the village, optimal management of land conversion, maximum utilization of the function of the Village treasury land into a swimming pool to improve the village economy and village community, resolving solutions to problems in make regulations regarding the transfer of cash land functions in the construction of swimming pools.
Implementasi Pengelolaan Kekayaan Milik Desa Sebagaimana yang Diamanatkan dalam Pasal 77 Ayat (1) Undang-Undang Nomor 6 Tahun 2014 Styaningsih, Rahayu Utami; Destyarini, Normalita; Aryono, Aryono; Elisanti, Evi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3478

Abstract

The aim of this research is to determine the mechanisms and obstacles to managing village property, as mandated in Article 77 paragraph (1) of Law Number 6 of 2014. The research method used is empirical juridical. The type of data, namely primary data, was obtained through interviews and discussions (group discussion forum) with several parties to provide information related to the management of village property. Secondary data is data obtained from library literature. Data collection techniques commonly used are literature studies, interviews, observations. Qualitative descriptive data analysis techniques. The results of the research show that the mechanism for managing village property as mandated by Article 77 paragraph (1) of Law Number 6 of 2014 is planning, procurement, use, utilization, security, maintenance, deletion, transfer, administration, assessment, guidance, supervision and control. . Inventory village assets in the SIPADES application, check the depreciation in the value of goods, including land, buildings and other assets. Providing information about village asset management to the general public so that village asset management is reported annually. Obstacles to managing village-owned assets include lack of knowledge of human resources regarding village asset management, SIPADES officers being disorganized in inputting data, the community not caring about maintaining village assets, lack of communication regarding the implementation of village asset management regulations. The conclusion of this research is that the village's wealth management mechanism is to inventory its assets in the SIPADES application and can reduce problems.
Analisis Yuridis Standar Operasional Prosedur Penggunaan Ambulan di Puskesmas Andong Untuk Pelayanan Rujukan Berdasarkan PERMENKES Nomor 71 Tahun 2013 Darmanto, Darmanto; Santoso, Aris Prio Agus; Rezi, Rezi; Elisanti, Evi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3498

Abstract

The aim of this research is to 1) determine the application of standard operational procedures for ambulance referral services at the Andong Community Health Center based on PERMENKES Number 71 of 2013, 2) determine the obstacles to the Community Health Center in providing referral services. Sociological juridical research method with a qualitative approach. The primary data source is text from interviews and was obtained through interviews with informants in the research. Secondary data is data obtained by researchers by studying literature such as journals, articles, books, documents and others. Data collection techniques were carried out by means of interviews, observations and documents. There are several stages in the qualitative descriptive analysis technique, namely data reduction, data presentation, and verification. The results of the research show that the SOP for the use of ambulances in referral services at the Andong Health Center is in accordance with the existing SOP, however the SOP for the use of ambulances in referral services must be further improved so that it is optimally in accordance with PERMENKES Number 17 of 2013. The main objective of the SOP is to provide guidance or guidance on using an ambulance. The obstacle to the Puskesmas in providing referral services is the lack of human resources (drivers) consisting of 1 person with 2 ambulances. Meanwhile, the infrastructure is in accordance with basic ambulance service standards. The conclusion of this research is that the application of standard operational procedures is very effective and efficient in improving ambulance referral services at the Andong Community Health Center and resolving barriers to referral services.
Analysis of Cybercrime Potential in E-Commerce Buying and Selling Transactions Elisanti, Evi; Khaerudin, Ariy; Junaidi, Amir; Ardhani Putri, Hanuring Ayu; Muhtarom, Muhammad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i1.4910

Abstract

The research aims to analyze the potential for cybercrime in e-commerce buying and selling transactions. The research method used is normative juridical. The type of primary data is interviews and discussions related to e-commerce, and secondary data is library literature. Data collection techniques used literature studies, interviews, observation, and documentation. The data analysis technique is descriptive qualitative which is used in the form of an interactive analysis model. The research results show that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly, including minimal knowledge, waste of money, being tempted by fake gifts, high levels of unemployment and poverty, and less strict government security policies. Forms of cybercrime in e-commerce include hacking, identity theft, data breach, phishing, spamming, pharming, pretexting, qui pro quo, and contacting the victim directly. Specific solutions are needed to overcome the cybercrime problem of e-commerce buying and selling, namely Backup, Use of SSL Certificates, Firewall, E-Commerce Security Plugin, Multilayer security, User and Staff Education. The conclusion of this research is that the potential for cybercrime in e-commerce buying and selling transactions has increased significantly so it is very necessary to prevent specific solutions in resolving cybercrime problems in e-commerce buying and selling transactions.
Penegakan Hukum Terhadap Tindak Pidana Perjudian Ditinjau Berdasarkan Pasal 303 Kitab Undang-Undang Hukum Pidana Joyokusumo, Raden Sumito; Prastyanti, Rina Arum; Habib, Muhammad; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1471

Abstract

This study aims to determine 1) the law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. 2) the obstacles and challenges faced in law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. This research method uses an empirical juridical approach, which is research that examines legal realities that occur in society, by looking at it from an empirical perspective. The types of data used are primary data through interviews and secondary data sourced from primary, secondary, and tertiary legal materials. Data collection techniques are carried out through interviews and literature studies. Data analysis techniques are carried out descriptively qualitatively with data reduction, data presentation, and drawing conclusions. The results of the study indicate that law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code based on law enforcement theory according to Soerjono Soekanto, the success of law enforcement is influenced by five factors: legal factors (legal substance), law enforcement factors, means or facilities factors, community factors, legal culture factors. Article 303 of the Criminal Code provides a clear legal basis for prosecuting perpetrators of gambling crimes, both as organizers and participants. Obstacles faced in law enforcement against offline gambling include proving the elements of the crime, limited human resources and infrastructure of law enforcement officers, and social and cultural factors, where gambling is still considered a tradition or social entertainment that is difficult to eradicate. Obstacles faced in law enforcement against online gambling include limited regulations in the Criminal Code, difficulties in identifying and tracking perpetrators, and digital evidence. Challenges to law enforcement under Article 303 of the Criminal Code include the principles of legality and legal certainty, inter-institutional coordination, and rapid technological developments, which pose challenges for law enforcement. Another challenge faced in law enforcement is the weak deterrent effect of criminal sanctions imposed on gambling perpetrators.
Tinjauan Yuridis Terhadap Tindak Pidana Penyalahgunaan Narkotika Berdasarakan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika Nusantara, Raden Daru Fajar; Santoso, Aris Prio Agus; Guntara, Peter; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1472

Abstract

This study aims to determine 1) the legal review of the crime of narcotics abuse based on Law Number 35 of 2009 concerning narcotics. 2) obstacles and law enforcement efforts against the crime of narcotics abuse based on Law Number 35 of 2009 concerning narcotics. This research method uses a normative legal approach with a prescriptive research type that focuses on literature studies. The data used are secondary data sourced from primary, secondary, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique is carried out descriptively qualitatively with data reduction, data presentation, and drawing conclusions. The results of the study indicate that the study shows that Law Number 35 of 2009 has clearly regulated provisions regarding narcotics abuse and its sanctions. Obstacles to the crime of narcotics abuse are legal substance obstacles, legal structure obstacles, facilities and infrastructure obstacles, community legal culture obstacles and external factors such as technology and transnational networks. Law enforcement efforts against narcotics abuse crimes are classified into representative efforts, preventive efforts and rehabilitative efforts.
Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Dalam Rumah Tangga Ariani, Devi; Aryono, Aryono; Habib, Muhammad; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1478

Abstract

This study aims to determine 1) the legal protection of children as victims of domestic violence. 2) the obstacles faced and alternative solutions provided to children as victims of domestic violence. This research method uses a normative-empirical legal approach with a prescriptive research type, focusing on literature studies. The data used are primary data through interviews and secondary data sourced from primary, secondary, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique is descriptive qualitative with data reduction, data presentation, and drawing conclusions. The results of the study indicate that the study shows that Law Number 35 of 2014 provides legal protection for child victims of domestic violence and guarantees the fulfillment of children's rights so that they can live, grow, develop, and participate optimally in accordance with human dignity and dignity, and receive protection from violence and discrimination, for the realization of quality, noble, and prosperous Indonesian children. Obstacles include lack of human resources, inadequate facilities, difficulty in obtaining information from victims because they are still afraid, ashamed, and traumatized, and lack of public awareness regarding domestic violence against children. Alternative solutions include prevention through education of parents and the community. Awareness campaigns with public education, strengthening the role of schools, legal protection by strengthening regulations to protect children from violence. Economic empowerment programs for victim families. Handling cases of violence through reporting and early intervention, psychological assistance, enforcement of child protection laws, rehabilitation. Long-term recovery and support through psychosocial guidance, access to education and health, adoption and foster care programs. Prevention and handling of child violence requires cooperation from all parties, including families, schools, communities, and the government so that children can grow up in a safe and healthy environment.
Analisis Yuridis Terhadap Tindak Pidana Perampasan Kendaraan Bermotor Oleh Debt Collector Dalam Praktek Leasing di Indonesia (Studi Putusan No. 176/Pid.B/2018/PN. Lbo) Wigianti, Hesty Tanjung; Nugrahaningsih, Widi; Utomo, Hery Dwi; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1479

Abstract

This study aims to determine 1) the legal analysis of the criminal act of unilateral confiscation of motor vehicles by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). 2) the legal responsibility of leasing companies for the criminal act of unilateral confiscation of motor vehicles carried out by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). This research method uses a normative legal approach. The type of data used is secondary data. Secondary data is data obtained through literature studies. The secondary data of this study are primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique used is qualitative analysis. Qualitative data analysis because it is integrated with the activities of data collection, data reduction, data presentation, and conclusions from research results. The results of the study indicate that the study shows that the decision Number 176 / Pid.B / 2018 / PN Lbo, the taking of motor vehicles by debt collectors without the consent of the debtor, without a legal execution procedure, and accompanied by elements of coercion or threats, fulfills the elements of a criminal act as regulated in Article 365 of the Criminal Code (theft with violence) or Article 368 of the Criminal Code (extortion), depending on the modus operandi and legal facts in the trial. This confirms that the action is not just a matter of civil default, but has entered the criminal realm. Leasing companies can be held legally responsible as an extension of the financing company based on the principle of vicarious liability, the provisions of Article 1367 of the Civil Code for unlawful acts committed by debt collectors as long as they carry out their duties. Decision No. 176 / Pid.B / 2018 / PN Lbo shows that the pretext of using a third party does not eliminate the company's legal responsibility. If a debt collector commits an unlawful act in the process of billing or repossessing a vehicle, the leasing company can be held accountable either criminally, civilly or administratively and is liable under consumer protection law.