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All Journal YUSTISI Yustisi: Jurnal Hukum dan Hukum Islam Nusantara Hasana Journal International Journal of Social Service and Research Abdi Masyarakat UIKA JURMA YUSTISI Jurnal Ilmiah Detubuya (JID)
Lestari, Nisa
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Implementation Of Resolution Of Juvenile Criminal Cases From The Criminal Justice Process To A Process Outside Of The Criminal Justice System (Diversion) Adewiyah, Rhabiatul; Hilman, Didi; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.575

Abstract

Children are regarded as valuable assets to society and the nation, requiring appropriate attention and care in order for them to undergo growth and development into healthy, happy, and successful individuals in the future. The increasing rate of juvenile delinquency year after year has various causes. Factors that contribute to juvenile delinquency leading to a child's involvement in criminal cases, and ultimately legal proceedings, include a lack of parental attention, pressure to meet livelihood demands, and feelings of desperation. In order to ensure protection for children involved in criminal acts, a diversion approach is adopted as an effort to resolve juvenile criminal cases without involving the juvenile justice process. Diversion provides an opportunity for children to rectify their mistakes and restore positive relationships, in line with Article 7 of Law Number 11 of 2012 on the Juvenile Criminal Justice System. The diversion process can be applied during the stages of investigation, prosecution, and court examination. The Law on the Juvenile Criminal Justice System regulates diversion in Articles 8 and 9, listing the conditions that must be met. One crucial requirement is that diversion must be done in the best interest of the child, following restorative justice principles, and involving the juvenile offender, juvenile victim, parents, social workers, and community guidance personnel. Furthermore, diversion is also subject to the condition that the offender has a criminal record of less than seven years and does not have a history of repeated criminal acts.
Analysis Of The Mechanism For Making A Deed Of Sale And Purchase Of Land Rights Based On Power Of Attorney Selling Notarial Frisila, Frili; Bhudiman, Budy; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.654

Abstract

In obtaining the right to ownership of an object on a plot of land, one of them can be organized through buying and selling. As time goes by with various reasons and objectives, it is not uncommon in organizing everything related to the action of the law, then as a human being who is classified as a legal subject, of course, is not able to do so directly by himself. Related to the problems found in the occurrence of a transfer of ownership of rights to an object of land, in imposing a power of attorney in writing must be contained in an authentic deed which in the case of its making must be before a Notary. The legality of the power of attorney contained in the power of sale deed and the binding of the sale and purchase agreement as a form of an authentic deed whose validity can be guaranteed when viewed from the side of the agreement law which explains how the agreement can be said to be valid contained in Article 1320 of the Civil Code has been fulfilled. This research aims to analyze several issues to answer why it is still often found in making a deed of sale and purchase that the basis is a notarially legalized power of attorney to sell, and explain how the mechanism and legality of the validity of a notarially legalized power of attorney to sell deed when transferring a right.
Review Of Cream Of The Criminological Physical Violence Against Children (Study On The Verdict Number 47/Pid.sus/2021/PN.Jkt.Pst) Sifani, Putri; Purwaningsih, Prihatini; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.657

Abstract

In the Indonesian human rights are really very prioritized, including the rights of the child, today a lot of violence that occurs against children undertaken by some parents, which is neglected. The purpose of this study is to know the factors that cause physical violence against children and the application of sanctions to the perpetrators at the decision of the number 47 / Pid.sus / 2021 / PN.Jkt.Pst. The method used in this research descriptive analysis (describes the researched), with normative juridical approaches, data sources using secondary data obtained through literature studies, data collection techniques by the library study analyzing the case is made by the judge's verdict, legal journals, and legal books, associated with the case of physical violence against children. and qualitative analysis techniques. The results of this study, first, the factor that causes the physical violence against children is derived from the mother who is neglected, in providing a good, lower pattern, too letting children to fall over and over, the lack of attention from the mother to children when children have a history of disease, and lack of mother's understanding of children in educating to follow their commands so every child makes the mistake of violence that occurred. Second, the application of criminal sanctions to the perpetrators in the verdict of number 47 / Pid.sus / 2021 / PN.Jkt.Pst. It has been in accordance with the laws and regulations in this regarded regarded in Article 76C Jo 80 Paragraph (3) Law RI no. 35/2014 on changes to Law no. 23/2002 on child protection.
Responsibility Of Children As Perpetrators Of Criminal Acts Of Abuse That Cause The Death Of Minors Choirunnisa, Choirunnisa; Hilman, Didi; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 2 No. 1 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i1.724

Abstract

One of the crimes of abuse that was committed by a child until the victim died, occurred in the jurisdiction of the Bogor City District Court with Decision Number 11/Pid.Sus-Anak/PN.Bgr, as the child who committed the abuse resulted in the victim's death. For the actions committed by the child as the perpetrator of a crime, the judge sentenced the child to 9 years in prison. The aim of this research is to determine the factors that cause children to commit criminal acts of abuse which cause death, criminal liability by children who commit abuse which causes death, as well as the application of sanctions to children who commit criminal acts of abuse which cause death in the Decision of the Bogor City District Court Number.11/Pid. Sus-Anak/PN.Bgr. The type of research used is normative juridical research using a statutory approach and a case approach, which is supported by data obtained from the literature, including books, statutory regulations and court decisions, and in this case the data is processed using qualitative analysis. Based on the research results, the factors that cause children to commit criminal acts of abuse that cause death include several factors, both internal and external factors. Criminal liability by children who are perpetrators of abuse that causes death can be seen as stipulated in Article 351 paragraph (3) of the Criminal Code, as criminal liability is imposed on the child when it is proven that the criminal elements have been fulfilled in the form of an error committed by the child, abuse that occurs. was properly carried out by the child, and the victim who was the victim of the abuse was known to have died during or after the abuse which resulted in death in the Decision of the Bogor City District Court Number.11/Pid.Sus-Anak/PN.Bgr, namely imposing a prison sentence to the child, therefore with a prison sentence of 9 years
Criminal Offense Of Narcotics Abuse Of Children According To The Law Of Ri No. 35 Of 2009 Concerning Narcotics Case Study of Decision Number XX/Pid.Sus-Anak/2022/PN Cbi. Saputra, Pahlan; Hilman, Didi; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1447

Abstract

Drug abuse in Indonesia is currently increasing and difficult to control. Drug trafficking is not only in big cities but has reached villages, involving not only therapeutic adults but also children. The involvement of children in drug trafficking is a very serious and complex matter. Furthermore, children involved with drugs can be referred to as children in conflict with the law or children who commit criminal offenses or juvenile delinquency. Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semi-synthetic. These substances cause a decrease or change in consciousness, eliminate taste, reduce to eliminate pain, and can cause addictive dependence disorders. Children in conflict with the law are caused by child delinquency. Therefore, children as part of the younger generation are the successor to the ideals of the nation's struggle and are human resources for future national development. This research uses a normative juridical method based on data obtained through legislation, scientific works, and field surveys, where the data that has been obtained is analyzed through the use of qualitative methods. The legal regulation of children as drug abusers according to criminal law is the imposition of articles on children the same as adults, namely Article 114 paragraph (1) and paragraph (2) of Law Number 35 of 2009 concerning Narcotics, only the difference lies in the application of sanctions that are lower than adults who must be guided by Article 81 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, among others: The maximum imprisonment that can be imposed on children is 1/2 (one-half) of the maximum imprisonment for adults. Criminal law protection for child drug abusers has used diversion through a restorative justice approach. Case No. XX/Pid.Sus-Anak/2022/PN Cbi. The imposition of imprisonment to children can have a prolonged negative impact which is counter-productive when viewed from the main objective of the punishment itself. The purpose of punishment, especially for children, in reality cannot be fulfilled by imposing imprisonment on children. The placement of juvenile offenders in correctional institutions for adults makes children not get their rights optimally because the coaching program is more intended for adults so that the purpose of punishment cannot be achieved.
The Role Of Integrated Law Enforcement (GAKKUMDU) In Handling Election Crime Jannah, Raudhatul; Daming, Saharuddin; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1453

Abstract

This research discusses the role of Integrated Law Enforcement (Gakkumdu) in handling election crimes, which often experience obstacles due to weak inter-agency coordination, lack of quality human resources, and budget limitations. This research aims to identify inhibiting factors and offer effective solutions to increase the effectiveness of integrated law enforcement in elections. The method used is a qualitative approach by collecting data through interviews and document study, which is then analyzed in depth. The research results show that improving the quality of human resources through continuous training, simplifying operational procedures, and increasing transparency and public participation are strategic steps that need to be taken. Therefore, this research suggests increasing inter-agency coordination, adequate budget allocation, and strengthening regulations as an effort to overcome obstacles to integrated law enforcement.
The Crime Of Cessie Forgery In Bank Fauzi, Muhammad Raka; Hilman, didi; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1465

Abstract

Forgery, regardless of the situation or location within a country, constitutes a criminal act that is unequivocally subject to the prevailing legal regulations. This type of misconduct is frequently perpetrated by individuals prioritizing personal gain without considering the long-term consequences of their actions. One common form of forgery observed in the professional world is the falsification of cessie in banking institutions. Banks, being entities that extensively handle personal data such as identification and other sensitive information, are particularly vulnerable to exploitation by unscrupulous individuals. One example of this is the forgery of a bank product known as cessie. A cessie refers to a debtor's receivable that cannot be repaid or continued due to the inability to pay installments. The receivable is then transferred to a cessier or recipient who assumes responsibility for continuing the installment payments. Given such a susceptible situation, it becomes crucial for customers and the public to better understand the concepts involved in any dealings they undertake. Additionally, all parties involved must exercise greater caution and thoroughness to prevent such acts from being carried out by irresponsible individuals.
Implementation Of The Pornography Law On Morality Crimes In Cibinong (Case Study Of Decision Number 136/Pid.B/2023/Pn.Cbi Fatih, Hanif Nur; Purwoto, Ady; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1531

Abstract

This research examines the implementation of Law Number 44 of 2008 on Pornography in relation to morality crimes, with a case study focus on Decision Number 136/Pid.B/2023/PN.Cbi from the Cibinong District Court. The background of the study arises from the increasing misuse of information technology for distributing pornographic content, which violates moral norms and individual dignity, particularly affecting women. The aim is to analyze Indonesia's legal regulations on morality crimes under the Pornography Law and to review the judge’s legal considerations in the verdict. Using normative legal research methods with statutory and case approaches, data was collected through literature studies and analysis of court documents. The findings indicate that the defendant was proven to have violated Article 35 of the Pornography Law by secretly recording a victim while bathing and sharing the screenshots via WhatsApp status. The court sentenced the defendant to four years in prison and a fine of one billion rupiah. The verdict reflects the application of justice, utility, and legal certainty, although it does not fully embody a progressive legal protection approach for the victim. This study contributes to understanding the effectiveness of Pornography Law enforcement and highlights the need for a more responsive approach to handling technology-based morality crimes.
Criminal Law Enforcement Analysis Against Perpetrators of Illegal Lottery Gambling (Togel) in Parung Panjang District, Bogor Regency (A Study of Court Decision Number 257/Pid.B/2022/PN Cbi) Sipahutar, Muhammad Saut; Hartini, Sri; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1546

Abstract

This study analyzes the enforcement of criminal law against offenders of illegal lottery gambling (togel) in Parung Panjang District, Bogor Regency, based on an evaluation of Court Decision Number 257/Pid.B/2022/PN Cbi. Togel is a form of illegal gambling that is widespread and has become a central focus of law enforcement efforts. The study emphasizes the legal enforcement process against togel offenders, encompassing the stages of investigation and inquiry by the police, prosecution by the public prosecutor, and judicial proceedings at the district court level. The findings indicate that the enforcement of the law against togel offenders has been carried out in accordance with existing legal provisions, including the application of the Indonesian Criminal Procedure Code (KUHAP) and other gambling-related legislation. The police serve as the frontline institution responsible for receiving public reports, conducting investigations, and identifying suspects involved in togel activities. The prosecution ensures the completeness of all case documents and forwards the matter to the court for trial. The judges, in turn, evaluate the legal facts and available evidence before rendering a verdict on the criminal offense. The study further reveals that, in adjudicating illegal lottery gambling cases, judges consider physical evidence, witness testimonies, the defendant’s confession, and both aggravating and mitigating circumstances. The principles of justice, proportionality, and humanity serve as fundamental foundations in the judicial process for prosecuting togel offenders.
Co-Authors Abda Abda Adewiyah, Rhabiatul Ady Purwoto Alam, Nabil Ariananda, Yogi Aslan, Muhammad Azhari, M. Ari Budy Bhudiman Didi Hilman Fatih, Hanif Nur Fauzi, Muhammad Raka Frisila, Frili Ginova, Ade Yusfiani Hadi, Ayatullah hidayatullah, Hidayatullah hidayatullah Ida Ayu Putu Sri Widnyani Inka Nusamuda Pratama Kartika, Putri Maulidin Rasid, Sugih Ningrum, St Dinar Sulistiya Nurfajriah, Firra Nuryadi Nuryadi Purwaningsih, Prihatini Putra, Edi Putri, Nadila Raudhatul Jannah Restu, Dea Dewintia Saharuddin Daming Saputra, Pahlan Sarkila, Agung Putra Sifani, Putri Sipahutar, Muhammad Saut Siti Alfiah Sri Hartini Sulaiman, Abdullah Vience Wahyudi, Popy Maharani Yusfiani Ginova, Ade