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Kurnia Lestari, B. Farhana
Universitas Islam Al-Azhar
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Nursing Social Sciences Other

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Journal : GANEC SWARA

 1 
UPAYA PENANGGULANGAN TINDAK PIDANA PELAKU PENANGKAPAN PENYU BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA (STUDI KASUS DI DIREKTORAT KEPOLISIAN PERAIRAN DAN UDARA POLDA NTB) B. FARHANA KURNIA LESTARI; PUTU HENDRA KARDILA
GANEC SWARA Vol 17, No 2 (2023): Juni 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i2.448

Abstract

The purpose of this study is to 1) describe the legal arrangements related to the crime of turtle catching perpetrators. 2) describe the countermeasures carried out by the Ditpolairud Polda NTB in dealing with the perpetrators of the crime of catching turtles. The benefit of this research is to provide insight into ideas for the development of legal science, especially regarding legal arrangements related to the criminal act of catching turtles. The data were obtained from the results of library and field research, and were processed and analyzed using qualitative methods. This research is based on library materials from the results of interviews with informants, namely the Office of Ditpolairud Polda NTB. Based on the results of research related to the legal arrangements for the criminal act of catching turtles, it is clearly regulated in the Law of the Republic of Indonesia Number 5 of 1990 wherein the Law has been regulated in Article 40 Paragraph (2), violators of this Law are threatened with a maximum prison sentence 5 years and a maximum fine of IDR 100,000,000. In the countermeasures carried out by the Ditpolairud Polda NTB in dealing with the perpetrators of the crime of catching turtles, this was carried out in 3 ways, namely Preemptive, Preventive and Repressive. The implications of this research are, 1) It is expected that law enforcement officers will be more active in providing counseling and coaching to coastal communities. 2) It is expected that law enforcement officials will routinely carry out patrols in areas prone to the crime of catching turtles 3) It is expected that law enforcement officials will take firm action by giving appropriate punishments so as to provide a deterrent effect to the perpetrators of the crime of catching turtles in accordance with applicable laws and regulations
PEMBINAAN NARAPIDANA PENGEDAR NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS IIA MATARAM GUSTI AYU RATIH DAMAYANTI; B. FARHANA KURNIA LESTARI; WA’ID KHAIRUL ABADI
GANEC SWARA Vol 17, No 3 (2023): September 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i3.540

Abstract

This study aims to determine the form of coaching and to analyze the obstacles in fostering narcotics dealer convicts in the Class IIA Mataram Penitentiary so as to find out the efforts to overcome these obstacles. The type of legal research used in this research is empirical legal research. This research is descriptive in nature, data collection was carried out by interviewing convicts of narcotics dealers and correctional officers as samples determined by the author's will or purposive sampling. The author also conducts literature studies and observations/observations on coaching activities. Processing and data analysis is done by qualitative data analysis.Forms of coaching consist of personality coaching and independence coaching. The author also conducts an analysis of internal and external constraints in coaching and knows the efforts to overcome these obstacles. Internal obstacles include the lack of enthusiasm and awareness of narcotics dealer convicts to take part in coaching activities, the lack of qualified human resources in the field of coaching, facilities and infrastructure that do not yet support the implementation of coaching. Efforts to overcome internal obstacles include increasing the synergy of correctional officers and increasing the role of Correctional Guardians, establishing cooperation agreements/MoUs, maximizing the use of existing facilities and infrastructure to support coaching activities. External constraints, namely the dense activity of partners during the commemoration of religious holidays so that the implementation of coaching is less than optimal. Efforts to overcome external obstacles are to improve communication with partners and continue to collaborate in the context of development, improvement and or expansion.
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PERTAMBANGAN MINERAL DAN BATUBARA (ANALISIS PUTUSAN PN PRAYA NOMOR 123/PID. B/LH/2023/PN PYA) MEGAYATI, DHINA; LESTARI, B. FARHANA KURNIA; ARSITHA, REILITA DWI
GANEC SWARA Vol 18, No 3 (2024): September 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i3.1020

Abstract

The mining sector is one of the supports for the welfare of the Indonesian people. Therefore, mining activities must be carried out according to procedures and have legality as applicable regulations. Criminal liability for perpetrators of mineral and coal mining crime Analysis of Decision Number 123/Pid.B/LH/2023/PN Pya is that the defendant has been proven guilty and fulfills the elements in Article 160 of Law of the Republic of Indonesia Number 3 of 2020 concerning amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Criminal liability for case Number 123/Pid.B/LH/2023/PN Pya that the Defendant has been proven guilty and meets the elements in Article 160 of Law of the Republic of Indonesia Number 3 of 2020 concerning amendments to Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining, namely the provision that Every person who has an IUP or IUPK at the Exploration activity stage but carries out Production Operation activities shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000.00 (one hundred billion rupiah). When associated with the maximum penalty, the penalty imposed on the Defendant is still relatively low because mining without a permit is a very serious case and has a major impact on the state and society. The judge's consideration in imposing a criminal sentence based on juridical and non-juridical considerations, the judge decided that the defendant was sentenced to imprisonment of 7 (seven) months and a fine of Rp. 20,000,000.00 (twenty million rupiah) subsidair 2 (two) months.
Co-Authors Ade Aprian Haswari Adi Putri, I Gusti Ayu Adinda Anggita Dewi Andrhianovi, Wiwin Anwar Anwar ARSITHA, REILITA DWI Arya Sosman Baihaqi Syakbani Dhina Megayati Ferianto Ferianto Gatot Pramedi Gusti Ayu Ratih Damayanti Hafizatul Ulum Indrawati, Yuni Kusnowo, Syahroni Bayu Kusuma, Jauhari Dewi Lalu Arfi Kusnaraharja Mauludin, Novie Afif Muhammad Ari Arahman Muhammad Rahmatullah, Muhammad Pande , Kadek Febytara Dewi Tiaksa PUTU HENDRA KARDILA Sri Karyati Sumarni Sumarni WA’ID KHAIRUL ABADI