Deny Guntara
Universitas Buana Perjuangan Karawang, Indonesia

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Upaya Penegakan Hukum Kepolisian Terhadap Pelaku Tawuran Antar Pelajar Dihubungkan dengan Undang-Undang Nomor 2 Tahun 2002 Tentang Kepolisian Negara Republik Indonesia (Studi Kasus Wilayah Hukum Kabupaten Karawang) Raden Lita Nur Elita; Deny Guntara; Muhamad Abas; Tatang Targana
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1014

Abstract

There are still fights that continue to occur among students in groups that are free from the supervision of law enforcement, in this case the police. The police must be able to make preventive efforts so that brawls do not occur among students in groups in areas by monitoring areas prone to conflict, providing direction and assistance to schools, parents and the local community. By carrying out supervision and direction, it is believed that brawls among students can be limited. The problems in this research are, first, how is law enforcement by the Karawang Regency regional police against perpetrators of brawls between students linked to Regulation Number 2 of 2002 concerning the State Police of the Republic of Indonesia? , secondly, what factors hinder police law enforcement efforts against perpetrators of brawls between students in the Karawang Regency area? This research uses subjective exploration and in this research the author uses a standard juridical methodology with the main information used being selected information, namely information obtained from writing research, and supporting information in the form of books, papers, articles, legal guidelines, etc. The results of the research are law enforcement efforts against perpetrators of brawls/fights between students in the Karawang area, especially the resolution of brawls, assisted through reformatory and non-punitive efforts, corrective intervention efforts have been completed including schools and students related to the fights and the variables that influence them. Then there are 4 (four) inhibiting factors, namely, law enforcement itself, limited facilities or agencies, lack of active role in prevention efforts from the community and the culture of fighting which has become a habit among students.
Analisis Yuridis Pemberhentian Hakim Mahkamah Konstitusi oleh Dewan Perwakilan Rakyat Republik Indonesia Dihubungkan dengan Undang-Undang Nomor 7 Tahun 2020 Tentang Perubahan Ketiga Atas Undang-Undang Nomor 24 Tahun 2003 Tentang Mahkamah Konstitusi Wahyu Koswara; Deny Guntara; Muhamad Abas; Adyan Lubis
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1015

Abstract

The reform resulted in changes to the 1945 Constitution, changing the Indonesian constitutional system, including dividing power horizontally functionally, namely the Executive, Legislative and Judiciary Institutions. All three have different powers according to their functions. This is to reinforce the system of checks and balances against the three institutions, but also not to interfere in the affairs of other institutions outside of their powers and functions. The removal of Judge Aswanto is one example of the Legislature's involvement in Judicial affairs, the article being that the removal of Judge Aswanto often annulled laws made by the legislature so that the removal was full of political interests. In this research, it examines and analyzes the dismissal of judges at the constitutional court by the People's Representative Council of the Republic of Indonesia in connection with Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court with a normative juridical research type so that the approach taken is a statute approach, historical approach and conceptual approach. As for the author's view, the decision to remove judge Aswanto from the House of Representatives as a legislative institution shows that the judiciary has lost its value as an independent institution. That the independence of judges should start with transparent appointments and dismissals with due regard to judicial accountability. Furthermore, the judicial power or in this case as an institution of judicial power must be free from any political interests in carrying out its duties and return the concept to Law Number 7 of 2020.
Victimology Analysis of the Vulnerability of Street Children as Victims of Drug Abuse in Karawang Regency Annisa Tri Atmaja; Deny Guntara; Yuniar Rahmatiar; Muhamad Abas
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47737

Abstract

The increasing incidence of drug abuse among street children in Karawang Regency has become a serious social and legal concern. As a vulnerable group, street children often fall victim to drug exploitation due to the absence of family supervision and their exposure to high-risk environments. This study aims to analyze the victimological factors that make street children vulnerable to drug abuse and to interpret this phenomenon through the Lifestyle Exposure theory. Using an empirical juridical method, this research combines normative analysis of legal regulations with field studies through interviews with street children, law enforcement officials, the National Narcotics Agency of Karawang Regency, and social institutions. The findings reveal that economic hardship, social pressure, and a lack of legal awareness significantly contribute to children’s exposure to drugs. In the context of Lifestyle Exposure theory, their street-based lifestyle increases the likelihood of contact with perpetrators and risky situations. Legally, these children qualify as potential victims requiring special protection. Therefore, integrated efforts between government institutions, law enforcement, and the community are urgently needed to strengthen prevention, protection, and rehabilitation mechanisms for street children affected by drug abuse.
Cassation Judge Considerations in Overturning the Surabaya District Court’s Acquittal in a Murder Case Maman Abdurakhman; Deny Guntara; Muhamad Abas
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47663

Abstract

The responsibility of a judge is not only to the State but also to God Almighty. The panel of judges in deciding a case always carries a message with the sentence “Justice is based on the one and only God.” The Surabaya District Court Judge acquitted the defendant in a murder case because he was not proven to have committed the crime charged by the public prosecutor, namely “Article 338 of the Criminal Code or both Articles 351 paragraph (3) of the Criminal Code or the first three Articles 359 of the Criminal Code and both Articles 351 paragraph (1) of the Criminal Code.” The public prosecutor filed an appeal to the Supreme Court. This study aims to analyze how the public prosecutor will file an appeal in a murder case that was acquitted by the Court and how the cassation judge considered it in decision Number 1446 K / Pid / 2024? This research was conducted normatively by examining library materials and applicable regulations. The stages or process of submitting a cassation by the public prosecutor to the Supreme Court are stated in “Article 244, Article 245, Article 246, Article 247 and Article 248 of the Criminal Procedure Code concerning cassation examination”. The main finding in the description of the judge's considerations, the actions carried out by the Defendant clearly fulfill the elements of a criminal act as stated in the alternative charge of the second combination of Article 351 paragraph (3) of the Criminal Code. Thus, the Defendant was found guilty legally and convincingly, and was sentenced to five years imprisonment.
Problems in the Implementation of Restorative Justice at the Inquiry Stage under Law Number 20 of 2025 on the Criminal Procedure Code Sofie Rahadatul Aisya; Deny Guntara; Muhamad Abas; Raka Indra Pratama
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7846

Abstract

Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) introduces restorative justice as part of the reform of Indonesia’s criminal justice system. However, the implementation of restorative justice at the inquiry stage continues to raise legal concerns because the status of the alleged offender and the victim has not yet been definitively established, while the case may already be resolved through a reconciliation mechanism. This study aims to analyze the regulation of restorative justice under Articles 79 to 84 of the 2025 Criminal Procedure Code and to identify the challenges arising from its implementation during the inquiry stage. The research employs a normative legal method using statutory and conceptual approaches through qualitative analysis of primary and secondary legal materials. The findings indicate that the restorative justice provisions contained in the 2025 Criminal Procedure Code have accommodated victim-oriented recovery and dialogic dispute resolution. Nevertheless, their implementation at the inquiry stage still presents several challenges, including the unclear legal status of the parties involved, inadequate fact verification, limited supervisory mechanisms, and the potential abuse of authority that may weaken victim protection. Therefore, more comprehensive regulations concerning case eligibility standards, supervisory mechanisms, and victim protection are required to ensure that the implementation of restorative justice remains consistent with the objectives of criminal justice system reform.