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All Journal Kajian Hasil Penelitian Hukum

Eko Nurharyanto

Magister Ilmu Hukum Universitas Janabadra

Author-ID : 5981345

Law, Crime, Criminology & Criminal Justice Social Sciences

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PENJATUHAN PIDANA DI BAWAH MINIMAL KHUSUS TERHADAP PELAKU TINDAK PIDANA ASUSILA DENGAN ANAK SEBAGAI KORBAN DI PENGADILAN NEGERI PURWOREJO Sri Ari Astuti; Eko Nurharyanto
Kajian Hasil Penelitian Hukum Vol 1, No 2 (2017): November
Publisher : Universitas Janabadra

This thesis discusses the issue criminal sentencing by a judge below the special minimum threshold under the Protective of Child Law in connection with the nulla poena sine lege principle. Based on the results of the research and discussion known that The decision of a judge in the Purworejo District Court who impose a criminal under-special imprisonment on the perpetrator of an immoral crime with a child as a victim is not appropriate if it is linked to the principle of legality in which it contains the element of legal certainty and expressly states that any criminal sanction shall be regulated in the law. While the basis of judges' consideration in imposing criminal under special minimum penalty is for the realization of justice for the defendant and for society. The imposition of a crime under a special minimum against a criminal offender against a child as a victim in the Purworejo District Court is based on the facts revealed in the trial and on the basis of justice principles. The factors that cause the judge to impose a criminal under special minimum penalty on the offender of immoral crime with the child as a victim are internal factors and external factors. These internal factors may include: the professional qualities of judges, judge intuitions and strong moral personality. The external factor is the guarantee of judicial freedom and independence of judges.

Peranan lembaga konsultasi dan bantuan hukum dalam proses penanganan serta penyelesaianperkara tindak pidana di Yogyakarta Yohanes Masudede; Fransisca Romana Harjiyatni; Eko Nurharyanto
Kajian Hasil Penelitian Hukum Vol 3, No 2 (2019): November
Publisher : Universitas Janabadra

The provision of legal assistance in criminal cases is one of the important things that must be given to every disadvantaged society but in reality this often becomes a problem in the lives of people who cannot afford it, therefore this study aims to 1To know the role The Institute for Legal Consultation and Assistance in cases of criminal acts that occur. 2 To find out what constraints faced by the Legal Consultation and Aid Agency in handling and resolving cases of crimes that occur. This study uses a normative method which refers to the application of legal norms or norms. The research was carried out using the literature approach and legislation, then analyzed the data using qualitative analysis methods, namely data sourced directly from the field which will then be presented descriptively. In helping disadvantaged people, the role of the Institute for Consultation and Legal Aid has not been carried out optimally because it is still constrained by human resources that are not yet sufficient in several Legal Aid and Consultation Institutions this is of course important to be noticed together by all parties, because the purpose of the presence of the Legal Consultation and Assistance Agency through Law No. 16 of 2011 concerning Legal Aid is to help poor people for free.

Penyidikan tindak pidana pemilu dalam masa kampanye pada pemilihan anggota dewan perwakilan rakyat daerah studi kasus di Kabupaten Purworejo Eka Wahyu Adi Saputra; Lilik Mulyadi; Eko Nurharyanto
Kajian Hasil Penelitian Hukum Vol 4, No 1 (2020): Mei
Publisher : Universitas Janabadra

Election criminal acts are closely related when entering the current political year, general election crimes are all criminal acts related to the holding of general elections both regulated in and outside the electoral law. This study aims to determine the investigation as well as the obstacles in investigating election criminal acts using official cars in Purworejo Regency. This research uses normative research with descriptive research methods. The approach used is the statute approach and case approach. This research was conducted at Purworejo District Police, Purworejo Regency KPU, and Purworejo Regency Bawaslu. The type of data used is primary and secondary data. Primary data sources from interviews and observations, secondary data sources from primary legal materials and secondary legal materials. The data analysis technique used is qualitative descriptive analysis. The results of research on election crime cases deliberately violated the prohibition of the implementation of the election campaign by using government facilities in the form of official cars by the suspect Endang Tavip Handayani, SH binti Suparno based on Purworejo District Court Decree No: 31 Pid.Sus. 2019 PN Pwr, impose a sentence on the Defendant for 1 (one) month and a fine of ten million rupiah provided that if the fine is not paid, it is replaced with imprisonment for 15 days with a trial period of 3 (three months. Based on the decision of the Central Java High Court No: 134 Pid.Sus 2019 PT SMG sentenced the defendant to imprisonment for 1 month and a fine of Rp five million rupiah with the provisions if the fine Unpaid is replaced by imprisonment for 15 days. KPU Decision No: 1040 HK.03.1Kpt 3306 Kab V 2019 states removing the candidate from the permanent candidate list.

Tinjauan Yuridis Akibat Hukum dari Pecahnya Wadah Tunggal Organisasi Advokat dalam Sistem Peradilan Pidana di Indonesia Anna Astuti; Eko Nurharyanto
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

This study aims to examine and analyze the factors underlying the breakup of the single forum of advocate organizations in the criminal justice system in Indonesia and the legal consequences of the breakup of a single forum of advocate organizations in the criminal justice system in Indonesia.This type of research is empirical juridical. The data used in this study are primary data and secondary data. Data collection is done by document study and interviews. Data analysis in this study used qualitative analysis.Based on the results of the study, it was concluded that, the things behind the break-up of a single forum of advocate organizations in the criminal justice system in Indonesia, the government slowly passed lawyers' advocates, the role of the government that was inconsistent in implementing law advocates, and the Supreme Court's interference in organizational issues advocate.The legal consequences of the breaking up of a single forum of advocate organizations in the criminal justice system in Indonesia will not have an impact on the justice system but have an impact on justice seekers. This is because Advocates in carrying out their duties aim at upholding law, truth and justice. Thus, the provision of legal assistance to perpetrators of criminal acts is a form of service of Advocates in carrying out their profession as one of the elements of law enforcement officers, not depending on whether advocates are members of advocate organizations or not, as stipulated in Government Regulation Number 38 of 2008 concerning Requirements and Procedures for Granting Legal Aid.

Co-Authors Anna Astuti Eka Wahyu Adi Saputra Francisca Romana Harjiyatni Lilik Mulyadi Sri Ari Astuti Yohanes Masudede

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