Diana Lukitasari, Diana
Fakultas Hukum Universitas Sebelas Maret

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PROBLEMS OF CREATION CRIME THROUGH THE USE OF DEMOCRATIC DATABASE SYSTEMS IN E-ID Lukitasari, Diana
INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Vol 2, No 2 (2017): November 2017
Publisher : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

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Abstract

This study aims to analyze the policy of crime prevention based on population database system in E-ID program. This research uses normative research method use legislation and conceptual approach. The legal materials use primary and secondary legal materials which analyzed deductively. The result of the study explains that the E-ID database system that contains the complete information of a citizen, including the criminal record should be a reference in the prevention of crime that has been done. The policy model is to integrate the e-ID card program as an integrated population administration system with police agencies, prosecutors, and especially prisons. Law enforcers will easily get information related to each persons resident document. The document will also include a track record of someone who is constantly updated at all times who will help the community to monitor the actor of crimes.
PROBLEMS OF CREATION CRIME THROUGH THE USE OF DEMOCRATIC DATABASE SYSTEMS IN E-ID Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 2, No 2 (2017): November 2017 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.518 KB) | DOI: 10.15294/ijcls.v2i2.12316

Abstract

This study aims to analyze the policy of crime prevention based on population database system in E-ID program. This research uses normative research method use legislation and conceptual approach. The legal materials use primary and secondary legal materials which analyzed deductively. The result of the study explains that the E-ID database system that contains the complete information of a citizen, including the criminal record should be a reference in the prevention of crime that has been done. The policy model is to integrate the e-ID card program as an integrated population administration system with police agencies, prosecutors, and especially prisons. Law enforcers will easily get information related to each person's resident document. The document will also include a track record of someone who is constantly updated at all times who will help the community to monitor the actor of crimes.
Authority of Forestry Police in the Completion Process of Forest Occupation Criminal Acts Cases: Between Expectation and Reality Lukitasari, Diana; Shofwan, Anieq Nisrina
Pandecta Research Law Journal Vol 14, No 1 (2019): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v14i1.17179

Abstract

This research is intended to determine the authority possessed by the forestry police related to the crime of forest occupation and how far the implementation of the authority in the process of settling the case of the crime of forest occupation. This research is an empirical law study, by conducting interviews, direct observation, and literature study. The problem of forest occupation in the area of Alas Purwo National Park is a long-standing problem that can not be solved sooner which can lead to reduced protected areas and disrupt natural ecosystems that already exist around the site of the forest occupation. The existence of citizens who have been found guilty by the court violated Article 78 paragraph (2) jo. Article 50 paragraph 3 sub-paragraph of Law Number 41 of 1999 on Forestry jo. Article 55 paragraph (1) of the Criminal Code (KUHP) related to illegal criminal acts of forest occupation but until this day they still occupy the jungle zone of Alas Purwo National Park area also can disrupt the duties of the forestry police in its efforts to secure the forest. Besides due to the lack of public awareness of the importance of forest existence, the settlement process of forest occupation is also constrained by internal factors of forestry police, namely the understanding of the forestry police on the extent of their authority.
URGENCY OF REGULATION REFORM OF BRIBERY OFFENCE AT PRIVATE SECTOR IN INDONESIA Umari, Nabila Ayu; Lukitasari, Diana; Ismunarno, Ismunarno
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 4, No 2 (2019): Indonesian Journal of Criminal Law Studies Vol 4(2), November 2019
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.101 KB) | DOI: 10.15294/ijcls.v4i2.21745

Abstract

The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System Hastuti, Luthfiyah Trini; Mayastuti, Anti; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28111

Abstract

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.
The Concept of Corporate Criminal Liability in the Law on Information and Electronic Transactions Rahayu, Hartoto Suci; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 6, No 1 (2021): Indonesian J. Crim. L. Stud. (May, 2021)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v6i1.29501

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The development of cyber crime gives birth to new facts that corporations can become perpetrators of criminal acts, therefore it is necessary to impose criminal responsibility on the corporation. The purpose of this research is to find out the criminal responsibility of corporations in Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. The type of research in writing this journal is normative or doctrinal by using a statutory approach and taking primary and secondary legal materials. Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions adopts the doctrine of identification in imposing criminal liability on corporations. In addition, actions against the law by the management and / or staff of the corporation can be subject to criminal liability based on the doctrine of vicarious liability.
Regulatory Framework on Compensation for the Restoration of Victims of Sexual Violence Purwadi, Hari; Lukitasari, Diana; Mayastuti, Anti; Abd Aziz, Hartinie; Cahyaningtyas, Irma
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.58181

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Compensation for crime victims based on  Law Number 12 of 2022 concerning Anti Sexual Violence has the potential for distortion due to the regulatory framework and the enforcement process. The article aims to examine the regulatory framework that ensures compensation as an instrument of victim restorations, whether it becomes a supplement or a substitution for restitution. Research methods using the upstream and downstream process models that emphesize regulatory design and process feasibility for payments, in which compensation has a role in victim recovery. The study result explain that compensation is formally a substitution for restitution. Compensation is not the primary goal, even though it is a state’s obligation. Law Number 12 of 2022 concerning Anti Sexual Violence thus emphasizes the use of direct restitution aimed at the recovery of victims and the rehabilitation of offenders. Compensation loses its meaning as a responsibility of the state that stands alone. Data from various decisions clarify that in cases where the offenders does not pay restitution, their property is confiscated and auctioned by the prosecutor to pay restitution. If it is insufficient, courts decide that imprisonment is a substitute and do not determine that the state has to pay compensation. 
Legal Analysis Of The Legal Status Of Authentic Deeds Forged By Notaries Putro, Fadli Asri; Riewanto, Agus; Lukitasari, Diana
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 4 (2025): Siber International Journal of Advanced Law (April - June 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i4.196

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Thesis entitled Juridical Analysis of the Legal Status of Authentic Deed forged by Notary examines the case of forgery of power of sale deed by Notary Madiyana Herawati based on Semarang District Court Decision Number 773/Pid.B/2021/PN Smg. The background of the problem is the need for legal certainty for victims of forged authentic deeds that harm land ownership rights. The research aims to evaluate the state's guarantee of certificate property rights and the judge's consideration in the verdict. Using the normative juridical method by referring to Law No. 2 of 2014, UUPA, and the Civil Code, the research found that the fake deed is null and void because it does not fulfil the requirements of an agreement (Article 1320 of the Civil Code). However, the judge's decision has not provided an effective remedy for the victim, Suratinah, regarding the transferred land ownership rights. The research concludes that there is a need for a judge's decision instructing the cancellation of legally defective certificates through the BPN and the provision of restitution to ensure justice. These results contribute to the understanding of the legal status of forged deeds and provide practical input for notaries, judges and the BPN in preventing and dealing with the forgery of authentic deeds.
Panopticon Strategy in Juvenile Delinquency Regulation and Rehabilitation in Indonesia Lukitasari, Diana; Hartiwingsih, Hartiwingsih; Subekti, Subekti; Primasari, Lushiana; Pratiwi, Dian Esti
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.48881

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This study addresses juvenile delinquency in Indonesia through a combined legal and social analysis, proposing innovative solutions for sustainable impact. Drawing inspiration from Michael Foucault's Panopticon theory, the study examines how Law Number 1 of 2023 on the Criminal Code interacts with evolving social dynamics. It advocates for a flexible legal framework that not only punishes but also emphasizes rehabilitation and social reintegration for adolescents. The research underscores the critical need for legal reforms that adapt to changing societal norms and challenges posed by information technology. It explores the influence of unrestricted digital media access on adolescent behavior, including phenomena like klithih, which reflects community and peer influences. The study's findings highlight the pivotal role of family, peers, and community in shaping youth behavior and calls for enhanced community-based education and supervision strategies. Consequently, the study proposes recommendations for a more humane and effective legal approach to juvenile delinquency. These include prevention strategies that empower communities in educating and monitoring young people. By advocating for a holistic and evidence-based approach, this research aims to inspire policymakers, legal practitioners, and the public to foster a supportive environment for Indonesian youth, paving the way for a brighter future.
INSTITUTIONALIZING CUSTOMARY COURT IN INDONESIAN JUSTICE SYSTEM AS AN EFFORT TO REALIZE ACCESS TO JUSTICE RIGHT FOR INDIGENOUS PEOPLE Mayastuti, Anti; Trini H, Luthfiyah; Lukitasari, Diana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 2 (2022): Indonesia J. Crim. L. Studies (November, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i2.35087

Abstract

This study aims to find customary court institution form in an effort to reinstitute customary court in Indonesia. This research is a prescriptive doctrinal legal research, using statutory and conceptual approaches. The data used is secondary data in the form of primary legal materials, while data analysis technique used is qualitative non-positivistic using hermeneutic interpretation method. Customary disputes are included in the realm of material law that occur in the space of indigenous peoples, if they are resolved by a different formal legal institution, namely the general court as regulated in Law no. 21 of 2001 on Special Autonomy for Papua Province. In principle, the customary court is the last judiciary based on customary law, but efforts to obtain justice (access to justice) and the truth are the human rights of everyone. Therefore, everyone who seeks justice must be interpreted as the right to obtain fair recognition, guarantee, protection and legal certainty and be treated equally before the law. The idea of reviving customary justice is important because as a body of customary courts it is in charge of adjudicating customary law disputes that occur in the community.