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Journal : Law Development Journal

The Authority of Public Prosecutor in Stopping the Prosecution of Criminal Cases based on Restorative Justice Yeriza Adhytia; Arpangi Arpangi; Rakhmat Bowo Suharto
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.19-32

Abstract

The purpose of this study consists of 3 (three) aspects, the first is to analyzePublic Prosecutor's Authority in stopping the prosecution of criminal cases on the basis of restorative justice. The second objective is to analyze the mechanism for stopping the prosecution of criminal cases on the basis of restorative justice. The third objective is to analyze the inhibiting factors in carrying out the termination of prosecution of criminal cases on the basis of restorative justice. The research approach method used is sociological juridical. The conclusion of this research is, first the prosecutor's authority to stop prosecution of a criminal case based on the Termination of Prosecution Perja is a form of attribution authority. Second, the mechanism for stopping prosecution based on restorative justice is carried out within a period of 14 (fourteen) days after receiving the handover of responsibility for the suspect and evidence from the investigator which consists of several stages as stipulated in the Perja on Termination of Prosecution. Third, the most dominant obstacle in the process of discontinuing prosecution based on restorative justice is the statutory factor, namely: short period of time in Dismissal of Prosecutionnot commensurate with the length of the mechanism that must be taken as well as cultural factors, namely the low awareness of the culture of forgiveness by the Victim towards the Suspect which has an impact on the inability to carry out the peace process.
Law Enforcement Against Criminal Acts with A Restorative Justice Approach in Case of Charity Box Theft Pardi Pardi; Gunarto Gunarto; Arpangi Arpangi
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.42-50

Abstract

The purpose of this study was to determine and analyze law enforcement against child crimes with a restorative justice approach in the case of theft of charity boxes. To find out and analyze the application of restorative justice in cases of theft of charity boxes. This study uses an empirical juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data which is then analyzed qualitatively. The results of this study are Law Enforcement Against Child Crime with a Restorative Justice Approach in the Charity Box Theft case that in the application of restorative justice, it is always carried out for children who are perpetrators of criminal acts. In some cases, the restorative justice efforts can obtain an agreement by each party, so that the case is not continued to the prosecution level. The application of restorative justice is only for minor crimes, with a mediation process by deliberation. Application of Restorative justice in the Charity Box Theft Case carried out based on consensus deliberation between the victims, perpetrators, and community leaders, where the parties are asked to compromise to reach an agreement. Each individual is asked to give in and put the interests of the community above personal interests in order to maintain mutual harmony. The concept of deliberation has proven to be effective in resolving disputes in society amidst the failure of the role of the state and courts in providing justice. With the application of restorative justice, the case stops until the investigation stage or is not forwarded to court.
The Study of Crime in the Process of Buying and Selling Land Plots Raden Yonanta Edy Pranawa; Siti Rodhiyah Dwi Istinah; Arpangi Arpangi
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The purpose of this research is to examine, criminal acts in the process of buying and selling land plots in accordance with existing laws and regulations, where the approach method used is the normative juridical method. The conclusion from the following research results, that the problem of buying and selling land in plots does not cause problems when carried out in accordance with laws and regulations, where the sale and purchase of land by plots can only be carried out after the buyer has paid in full the parcel of land that has been purchased and has transferred the land to be the name of the New Land Buyer/Developer. Then the new developer checks the status of land use, makes a Site Plan that is submitted to the BPN, then processes the sale and purchase of land by plot at PPAT. If the sale and purchase does not comply with existing regulations, it will impact to regulation or the law which ruled on it. The police should focus on the case which connected with the criminal actor or corporation on it.
Reform of Bureau of Public Services in Framework of Prevention & Eradication of Corruption in Indonesia Novita Ilmaris; Arpangi Arpangi
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (518.029 KB) | DOI: 10.30659/ldj.2.4.634-646

Abstract

Corruption in Indonesia decreases public trust, especially in the case of public services where there are still many irregularities, such as a long time, convolution and a lot of costs, so that public service bureaucracy reform is needed to realize good governance. This study aims to identify and describe the reform of the public service bureaucracy in the context of preventing and eradicating corruption in Indonesia. This study uses a normative juridical approach, which is descriptive analytical. The data used is secondary data obtained through the research library, which is then analyzed qualitatively. The result of this research is that public service bureaucratic reform in the context of preventing and eradicating corruption in Indonesia is carried out by improving the quality of public services, which aims to create equal distribution of public service quality at all levels, both at the ministry / agency level to the regional level. Bureaucratic reform in public services emphasizes the importance of improving the quality of public services, with a focus on public interests, and upholding accountability and transparency.
An Implementation Of Electronic Traffic Law Enforcement Against Traffic Violations Dodiawan S Dodiawan S; Arpangi Arpangi
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.118 KB) | DOI: 10.30659/ldj.3.3.488-495

Abstract

This study aims to identify and analyze the implementation of Electronic Traffic Law Enforcement and the obstacles in implementing ETLE in the context of law enforcement against traffic violations at the Blora Police Traffic Unit. The approach method used is sociological juridical, descriptive analytical research specifications, types and sources of data using primary and secondary data, data collection methods are field studies and literature studies, while the data analysis method uses qualitative analysis. The results showed that ETLE implementation is carried out in several stages, starting from CCTV installation, data recording of violators, identification of Smart Resident Center (SRC), sending letters to violators, confirmation, issuing ticket and BRIVA code, to blocking of STNK. This is a manifestation of law enforcement against traffic violations while still paying attention to the principles of justice, legal certainty and expediency. However, in practice there are several obstacles, namely the immediate addition of CCTV installations with adequate camera quality, notifying the vehicle owner that he has committed a violation and to immediately change the name of the vehicle, conducting raid operations on the highway, as well as conducting socialization and education about traffic rules and regulations ETLE.
Criminal Threats against the Abuse of Bonded Zone Facilities Agus Widodo; Arpangi Arpangi
Law Development Journal Vol 2, No 4 (2020): December 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (587.536 KB) | DOI: 10.30659/ldj.2.4.465-476

Abstract

Bonded Zone is one form of facilities provided by the customs authority (Directorate General of Customs and Excise) to entrepreneurs in the form of a fiscal which aims to provide the maximum benefit for national economic growth as well as the usual form of treatment for international relations. Entrepreneurs using the Kawasan Beikat facility have the potential to abuse the facilities provided. This research is entitled Criminal Threats Against Misuse of Bonded Zone Facilities. The aim of this research is to find out whether the abuse of bonded zone facilities can be punished by crime and how the modes used by these 'naughty' businessmen are to divert or avoid import duties and taxes. The research method used is normative juridical. The conclusion of this research is that the entrepreneur who receives the facility can abuse the facility for the benefit of the entrepreneur or the interest of the individual so as to harm state revenue. Act No. 10 of 1995 concerning Customs in conjunction with Act No. 17 of 2006 concerning amendments to Act No. 10 of 1995 concerning Customs has regulated the criminal threats that can be imposed for the abuse of bonded zone facilities. The mode used is to reduce the actual / physical quantity of exported goods from the number of goods notified in the export document. It is as if the company has re-exported imported goods that have received facilities. But by them, not all of the imported goods are used for production / re-export but they are resold locally.
Implementation of Labor Overtime Protection of PT Hwaseung Indonesia Metry Widya Pangestika; Arpangi Arpangi
Law Development Journal Vol 2, No 2 (2020): June 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (533.114 KB) | DOI: 10.30659/ldj.2.2.163-168

Abstract

This study is based on the legal problems of the workforce who work overtime hours at PT Hwaseung Indonesia. This research uses empirical juridical law research methods aimed at analyzing the implementation of legal protection of overtime work of PT Hwaseung Indonesia. Legal protection at PT HWI has not been fully implemented in accordance with Article 78 letter b of the Employment Law No.13 of 2003 that is, overtime work can be done a maximum of 3 hours in 1 day, and 14 hours in 1 week. Kepmen. No. 233 / MEN / 2003 allows its employees to work beyond the provisions of Law No. 13 In 2003, the original work was done according to the type and nature must be continuous. Although there are violations of overtime hours, the implementation of legal protection against workers beyond overtime has been done by PT. HWI, that is, by requesting the consent of workers before committing overtime and providing overtime wages. It is hoped that through this research will be found new ideas of thought that are useful for the Indonesian Ministry of Transport. Where the results of the research can be used as an indicator in conducting labor surveillance, in order to find ideas on how labor regulations play a greater role for the human rights of workers.
Effectiveness of Mandatory Labor Report in Company of Network for Provision of Company Data Jamaludin Al Ashari; Arpangi Arpangi
Law Development Journal Vol 3, No 1 (2021): March 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (631.986 KB) | DOI: 10.30659/ldj.3.1.77-85

Abstract

This study aims to determine and analyze the effectiveness of the application of compulsory employment reports in networks (online) in supporting the provision of company data in districts/cities, especially in Salatiga. The research method used in this writing is sociological juridical. Based on the research, it is concluded that the enforcement of mandatory employment reports in companies in the network (online), in terms of reporting speed, helps the government and entrepreneurs or company administrators to carry out their reporting obligations, but in terms of quantity and quality of reporting, it is considered ineffective in supporting the provision of company data in the City of Salatiga.
Implementation Effectiveness Of Police Role In Eradication Of Online Gaming Crime In Digital Era Edward Cevy Listiyanto; Arpangi Arpangi
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (554.426 KB) | DOI: 10.30659/ldj.3.2.362-370

Abstract

This study aims to analyze juridically regarding the effectiveness of eradicating the crime of online gambling in the jurisdiction of the Grobogan police station. The method in this research is sociological juridical. Based on the analysis carried out, law enforcement cannot be carried out because there are no reports from the public accompanied by evidence. This has resulted in an ineffective eradication of online gambling crimes in jurisdictions including the Grobogan Police. Cyber crime is defined as an illegal activity with computer intermediaries carried out through a global electronic network. Online gambling is categorized as a cyber crime because in committing the crime, online gambling uses computers and the internet as a medium to commit the crime of gambling. Gambling is basically against religious norms, decency, and Pancasila morals, and can be dangerous for the survival of the community, nation and state. Gambling is a violation of social culture in Indonesia. Proof of online gambling can be done using proof of transfer and e-mail. Act No. 11 of 2008 Article 5 paragraph (1) which states that Electronic Information and/or Electronic Documents and/or their printouts are legal evidence.
Implementation of Duties and Authorities of Sabhara Police on Demonstration Cahaya Mutiara Mardiana Putri; Arpangi Arpangi
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (506.845 KB) | DOI: 10.30659/ldj.2.3.307-313

Abstract

. Demonstration activities are actually a form of human rights protected by law, in realizing the will of citizens in expressing opinions freely, they must be maintained, so that the entire institutional social order is protected from deviations or violations of the law and can guarantee a sense of security in people's lives. Smoothly, orderly and safely in accordance with the objectives of the demonstration. Police are law enforcement officers who are directly dealing with this matter, so this research examines the duties and authorities of the police in handling demonstrations in the title. The implementation of duties and powers of the Sabhara police unit in handling demonstrations in accordance with the police law. This study uses a sociological juridical approach. The conclusion of this study is that the authority and police units of the Sabhara in handling demonstrations are not specifically stated in the law Indonesian National Police, however, it states the general powers of the police namely maintaining security and public order, enforcing the law, and providing protection, protection and services to the community in order to maintain security.
Co-Authors Agus Widodo Ajie, Okky Prastyo Amin Purnawan Amin Wastoni Andri Winjaya Laksana Andri Winjaya Laksana Anis Mashdurohatun Anwar, Rosyian Apitta Fitria Rahmawati Ardinal, Kevin Aryani Witasari Cahaya Mutiara Mardiana Putri Cindy Yosiana Denny Suwondo Denny Suwondo Dianti, Marizka Putri Dodiawan S Dodiawan S Dwitama, Muhammad Yoga Edi Suarto Edward Cevy Listiyanto Feri Satria Wicaksana Effendy Firmansyah, Moh Fajri Galuh Sekar Widjayanti Gunarto Gunarto Gunarto Gunarto Haji Mohiddin, Mas Nooraini binti Henry Elenmoris Tewernussa Hetharie, Mesakh Yohanes Hutagalung, Pahala Holmes I Putu Angga Feriyana Ira Alia Maerani Irawan, Ridho Hendry Jamaludin Al Ashari Khoirunnisa, Nurizka Tiffany Lesmana, Rico Metry Widya Pangestika Ningsih, Sri Eva Noviana, Ninik Novita Ilmaris Novyaningsih, Eka Suprihatin Ernie Nur Hidayat, Yudhi Taufiq Nurfita Anggraini Tohari Pardi Pardi Peni Rinda Listyawati Peni Rinda Listyawati Pornomo, Wahyu Adi Pudjiyanto Pudjiyanto Putri Qoriyati Aeny Putri, Rikhi Mahardhika Raden Yonanta Edy Pranawa Ragil Ridho Dewanto Rahmad Rahmad Rakhmat Bowo Suharto Ramadani , Maydika Revi, Rendi Ariza Ridho, Rahmad Riska Fitriani Rizal, Syaifur Rizkawati, Ninda Sandika Dwi Nugroho Sanni , Tajudeen Sanni, TajudeenĀ  Saputro, Noor Wachied Eko Sari, Panji Prasetyo Sasongko, Unggul Agus Satria Ardi Yana Satria Yuniar Santoso, Stefanus Sekar Tresna Raras Tywi Selinda, Risma Setyawati Setyawati Siti Rodhiyah Dwi Istinah Suhendri Suhendri Sukardi Sukardi Sukarmi Sukarmi Sukirno Sukirno Suwondo, Denny Tara Jasmine Widayati Widayati Widayati Widayati Winanto Winanto winanto, winanto Wismo Malaicanto, Totok Catur Yeriza Adhytia