Karim
Fakultas Hukum, Universitas Bhayangkara Surabaya

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PROBLEMS IN THE IMPLEMENTATION OF THE FULFILLMENT OF THE RIGHTS OF PRISONERS IN THE FIELD OF EDUCATION IN CLASS 1 SURABAYA CORRECTIONAL INSTITUTION Leo Bagus Satriyo; Karim
DE RECHT (Journal of Police and Law Enforcement) Vol. 2 Issue. 2 (2024)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v2i2.227

Abstract

Education is very important, especially as the first step in forming a person's character. Based on the 1945 Constitution Number 20 of 2003 concerning the National Education System, obtaining education is a right for all citizens, including prisoners. This research aims to find out and examine the implementation of the fulfillment of prisoners' rights in the field of education at the Class 1 Correctional Institution in Surabaya. The research method used is empirical legal research using a qualitative descriptive approach. This research method places the law as a guideline for behavior in life which is always interacting and connected in social aspects. This research concludes that according to the author, the implementation of fulfilling prisoners' rights in the field of education at the Surabaya Class 1 Correctional Institution has been well structured in accordance with statutory regulations, but in its implementation there are still many obstacles. Even though there are obstacles, based on the results of the author's interviews with several prisoner representatives, prisoner development activity programs such as the Sekar Mentari Elementary School Equivalency Course (KPSD) and Pursuing Equivalency Program Examination (UPK) Packages A, B and Package C must still be implemented to fulfill prisoners' rights in the field of education.
Tindak Pidana Kecelakaan Lalu Lintas yang Mengakibatkan Korban Meninggal Dunia: Studi di Wilayah Hukum Polrestabes Surabaya Adellra Dwaffa; Karim Karim
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i2.376

Abstract

This study examines the investigative procedures applied by the Surabaya Metropolitan Police in handling fatal traffic accidents, with particular focus on how investigators determine the applicable legal provision and establish the form of criminal fault in cases involving alcohol-impaired driving. Employing an empirical legal research method that combines a case approach and a statute approach, data were collected through field interviews with investigators and traffic police officers, supplemented by a systematic literature review. Data were analyzed using a qualitative-descriptive technique. The findings demonstrate that the perpetrator's conduct satisfies the criteria for gross negligence, given that the decision to drive after consuming a significant quantity of alcohol constituted a serious and conscious departure from the standard of care required by law. Furthermore, Article 310 paragraph four of Law Number 22 of 2009 on Road Traffic and Transportation is established as the most appropriate legal provision, as it specifically governs negligent driving causing death under conditions of alcohol impairment, taking precedence over the general negligence provisions of the Criminal Code pursuant to the principle of lex specialis derogat legi generali. Consistent and evidence-based application of the Road Traffic and Transportation Law, incorporating aggravating factors such as driving under the influence, is essential for achieving both justice for victims and a deterrent effect on potential perpetrators.