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All Journal Awang Long Law Review Acta Law Journal Jurnal Multidisiplin Indonesia
Lina, Ramlani
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Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Veterinary

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Penerapan Otonomi Daerah Pada Sektor Pelayanan Dan Prinsip Good Governance (Studi Pada Pelayanan Terpadu Satu Pintu Di Kota Bekasi) Hermansyah; Ismail; Lina, Ramlani
Acta Law Journal Vol. 1 No. 1 (2022): December 2022
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i1.9825

Abstract

The Indonesian state is in the form of a unitary state, but in the regional government system it adheres to the principles of Federalism such as regional autonomy. Theoretically, regional autonomy is expected to encourage local democracy, bringing the state closer to the people. In addition, regional autonomy can create better public services. This study aims to find out how the implementation of regional autonomy arrangements in the one-stop integrated service sector in Bekasi City and knowing how public service efforts, especially licensing services in Bekasi City are related to the principles of good governance. The method used is a qualitative approach, which aims to describe situations, phenomena, or problems without having to change the meaning received in society or social groups receiving public services. The results of the study show that the application of regional autonomy regulations in the one-stop integrated service sector in Bekasi City, namely One-stop integrated services in the field of goods, services and administration run in accordance with the provisions in the Decree of the Mayor of Bekasi Number: 700/Kep.103-DPMPTSP/V/2017, concerning the Special Code of Ethics for Apparatus in the Investment Sector, and one-stop integrated services. Public service efforts, especially licensing services in Bekasi City, are related to the principles of Good Governance, namely Based on Government Regulation Number 5 of 2021 concerning Implementation of Risk-Based Business Licensing and Government Regulation Number 6 of 2021 concerning Implementation of Licensing.
RESTORATIVE JUSTICE AGAINST CHILDREN AS CRIMINAL ACTORS Burhanudin, Ohan; Manan, Abdul; Yusuf Hasibuan, Fauzie; Lina, Ramlani
Awang Long Law Review Vol. 3 No. 2 (2021): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.458 KB) | DOI: 10.56301/awl.v3i2.142

Abstract

In applying the concept of restorative justice, especially in juvenile criminal justice, the Government and the DPR need to prepare a legal umbrella. Currently, Law no. 3 of 1997 concerning Juvenile Court has not accommodated the principles of restorative justice. In the international world, there are many references that can be used. Apart from the Convention on the Rights of the Child, there are also the Beijing Rules (UN Standard Minimum Rules for the Administration of Courts for Children, 1985); Havana Rules, Tokyo Rules (UN Standard Minimum Rules for Non-Custodial Measures, 1990), and Riyadh Guidelines (United Nations Guidelines on the Prevention of Delinquency in Children, 1990). The absence of a law does not actually leave judges with no ground at all. The Supreme Court is the party that signed the Joint Decree with five other state institutions on 22 December 2009 concerning the Handling of Children in Conflict with the Law (ABH). This is to create integration in efforts to resolve cases of ABH handling which are carried out in a coordinated manner by law enforcement officials and all related parties.
Legal Certainty for the Implementation of Execution in the Form of Payment of Money in Lieu of Corruption Cases in the Criminal Justice System Erwinda Emran, Nevertiti; Lina, Ramlani; Ismed, Mohamad
Jurnal Multidisiplin Indonesia Vol. 3 No. 12 (2024): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v3i12.2074

Abstract

The determination of additional punishment in the form of "replacement money" should ideally be equivalent or balanced with the state financial losses as a result of criminal acts of corruption. The formulation of the problem in writing this thesis is how to execute replacement money for criminal acts of corruption according to positive law and what is the legal certainty of execution in the form of payment of replacement money for corruption cases in the criminal criminal system. The research method used in this research is normative juridical, with a statutory, conceptual and case approach. The legal materials used are primary, secondary and tertiary legal materials and the analysis of legal materials is qualitative. The research results show that one of the elements of corruption in Article 2 and Article 3 of Law 31/1999 jo. Law 20/2001 is a loss to state finances. This element has the consequence that eradicating corruption does not only aim to deter corruptors through imposing heavy prison sentences, but also restore state finances due to corruption, as emphasized in the General Precautions and Explanation of Law 31/1999. By law, the instrument to restore state finances is included in the additional penalty in the form of payment of replacement money. The difference in the meaning of the criminal purpose of paying replacement money between what is intended in the explanation of the Law and the formulation of Article 18 paragraph (1) letter b causes the purpose of paying replacement money to be unclear. This ambiguity also has an impact on the dualism in the application of calculating the value of replacement money as seen in several Supreme Court (MA) decisions. The legal umbrella for execution in this case is Article 18 of Law 31/1999 and not the Supreme Court's fatwa. The execution of replacement money also does not require a separate lawsuit, because the additional crime of replacement money is a single criminal decision handed down by a panel of judges, where the authority to execute each criminal decision, both main and additional crimes, rests with the public prosecutor. The need for the Supreme Court's fatwa should not be for carrying out executions but as a legal umbrella for how long a substitute prison sentence will be served if the compensation money has been paid in part, which is currently not regulated in Law 31/1999 jo. Law 20/2001 and other derivative regulations.
Co-Authors Burhanudin, Ohan Erwinda Emran, Nevertiti Hermansyah Ismail Ismed, Mohamad Siti Helmyati Yusuf Hasibuan, Fauzie