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The 2nd Proceeding Indonesia Clean of Corruption in 2020"
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Articles 97 Documents
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IMPLEMENTATION OF PENAL MEDIATION IN CRIMINAL LAW Aji Sudarmaji; Sri Endah Wahyuningsih
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Penal mediation is an alternative settlement of criminal cases emphasizing restorative justice approach, which is carried out between the victims and the offenders or his/her families with the purpose of restoring the balance in the society. The major problem in this research is, firstly, how is the penal mediation in criminal law enforcement implemented today? Secondly, how are the weaknesses of the implementation of the penal mediation in criminal law enforcement today? Thirdly, how is the penal mediation in criminal law enforcement based on Pancasila values of justice constructed today? In order to answer the problems mentioned above is obtained by using social legal research method, conducted with case studies that have already been through the legal processes by law enforcement officials until the court makes the decision, this kind of legal processes is deemed to have injured sense of justice in the community by the society. Penal mediation provides the best way to resolve problems or conflicts between the perpetrator and the victims by engaging between them directly in order to solve the problems with peaceful means in accordance with Pancasila values of justice.  The conclusion in this study is the current formulation of the regulations has not accommodated penal mediation as a form of settling disputes outside the criminal justice processes. Penal mediation arrangements in the future must be included in the substantive criminal law, the formal criminal law and the implementation of criminal law.  Keywords: Construction, Penal Mediation, Pancasila Justice.
RECONSTRUCTION OF DIVERSION CONCEPT IN CHILD PROTECTION OF CONFLICT WITH THE LAWS BASED ON THE VALUE OF JUSTICE Ulina Marbun; Darwinsyah Minin
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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A paradigm of punishment for children in Juvenile Criminal Justice System has been changing form retibutive approach toward restorative justice approach.. Diversion is used as an instrument of restorative justice impelementation, Diversion plays dominant role to fix the crime that has done by children. However, not all children have the right to receive diversion. There are the requirements to be applied. Article 7 (2) Law Number 11 of 2012 of Juvenile Criminal Justice System, establish the requirements are under 7 years imprisonment, and not a repetition. The requirements are not reflecting the theory of justice. Children who are threatened by imprisonment over 7 years would not have the right to get diversion. Then, success rate for implementation of diversion is low, it caused by law enforcer can not establish good communication among the parties. In addition, the implementation of diversion is taken place at the police station has contributed as factors of failure of the diversion. Framework in this study is the diversion has become the rights of every child in Juvenile Criminal Justice System, and definition of the diversion should be able to create a paradigm of restorative justice approach in the juvenile criminal justice system. The research method u in this study used doctrinal research method or normative research that study baout law which is drafted and developed by the basis of the doctrine. Based on the study that has been done, the application of diversion based on Law No, 11 of 2012 of Juvenile Criminal Justice System Children is unable to reflect the values of justice, it caused by the requirements, where the approach of restorative justice reflects the principle of justice, as intended by Aristotle in the theory of distributive justice and corrective justice. The conclusion of this research are: First, the protection of children in accommodated in the Law No. 11/2012 of Juvenile Criminal Justice System, but the concepts could not provide the protection in a holistic manner. Secondly, these obstacles (in implementation of diversion) because of culture (retibutive), although the juvenile criminal justice system has adobted teh restorative approach. Third, reconstruction of diversion must be built by the constructing diversion concept paradigm, so every child without exception has the rights to get diversion. Keyword: Divertion Concept, Child Protection, Juvenile Cryminal Justice System
PENAL MEDIATION IN SOLVING MEDICAL MALPRACTICE CASES AS AN ALTERNATIVE OF PENAL SANCTIONS BASED ON LOCAL WISDOM Sri Setiawati
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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In the 1945 Constitution of Indonesia’s preamble, it is stated that in order to form a government of Indonesia, a legal system based on the values of Pancasila is formulated. 1945 Constitution of Indonesia itself becomes the basic law in formulating a rational effort in solving crimes. In other words, the penal policies in Indonesia must also be based on the values of Pancasila in social policies contained in the 1945 Constitution of Indonesia. The formulation of the Bill of Penal Code begins with "the idea of a balance" between the interests of society and individual interests; recognition of the law which serves as a source of law in addition to Act, even justice is served not only by law, but also based on the guidance of the Almighty. Why is Penal Mediation able to be selected to complete the culpa offense case, especially medical malpractice? Mediation is a way of settling penal disputes outside of law in accordance with the desired way the community in resolving the case, namely the peaceful deliberations. Penal mediation gives space to bring the victim and the perpetrators of penal acts together, so that the interests of both parties can be accommodated. Long before the developed countries thought of ADR and policies in a limited and selective use of penal sanctions, the Indonesian people are already familiar with their local wisdom resolve any conflict with deliberations. Keywords: penal-mediation, medical malpractice, local-wisdom
THE PROBLEMS OF DIVORCE IN CUMULATION AT THE RELIGIOUS COURTS BASED ON THE PRINCIPLES OF SIMPLE, FAST AND LOW COST Elis Rahmahwati
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Religious Courts is a special Court and its specialization lies on the principles of Islamic personality. One of its absolute authorities is on the marriage, which also includes divorce cases. Divorce cases in the Religious Courts can be combined with the child custody matter, children living cost, wife living cost, and joint property, with the aim to establish the principles of simple, fast, and low cost. But in reality, it cannot be fulfilled because it would hold up the divorce process itself, which at the beginning the parties have no objection to divorce, but then become objected to the unification, such as joint property lawsuit. Thus on those kinds of cases, a legal efforts will be conduct altogether with the divorce process that included the main claim, and it took years on the process. The theory of justice based on expediency based on Mill’s opinion and a theory of the Islamic law is to bring the benefits and avoid madharat (damage). The divorce cases that being cumulated turned out bring more madharat. Stages of the trial, like mediation, can be the anticipation of the extended process. An agreement made by the parties will results in a divorce case that is simple, fast, and low cost, without any legal efforts made by the party which feel any disadvantages due to the decision given by the Judges. Keywords: cumulation divorce, religious court, mediation.
ANALYSIS WIRETAPPING AUTHORITY UPPER KPK LAW ENFORCEMENT IN THE PERSPECTIVE OF HUMAN RIGHTS Ariyanto Ariyanto
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Corruption still thrives in the country, if we listen to the news certainly no news about corruption in the bureaucracy in this country, reporting on corruption makes sad because it turns out the culprit educated and have a certain position in the structure of government, but so far the efforts of law enforcement do KPK to catch the perpetrators of corruption have yielded results, there are some major corruption cases were successfully handled by the KPK, the key to the success of the Commission in uncovering cases of corruption is the result of tapping , by tapping the Commission can uncover cases of corruption in the country. The Act authorizes the Commission to conduct wiretaps, as stipulated in article 12 paragraph (1) of Law No. 30 of 2002 on the Corruption Eradication Commission, through the authority of KPK tapping it makes corruption can be prosecuted Legally. However, on one hand, tapping Authority, has given the assumption that the wiretapping conducted by the Commission can be considered to violate human rights that violates a person's privacy. This study wants to answer: Does the wiretapping conducted by the Commission can be regarded as a violation of human rights? Does the eavesdropping law enforcement can be implemented by the Commission? Purpose of this study was to determine whether the wiretapping can be categorized can violate human rights, and Do by tapping enforcement efforts could implement by the Commission. The method used in this research is descriptive qualitative. This study concluded that the Authority Tapping the Commission do not constitute a violation of human rights, as is the procedure to conduct wiretaps are in accordance with the legal instruments in force, and besides tapping is done to satisfy the justice of the people who suffer as a result of behaviors corruption, by tapping also KPK can dismantle the big cases, so every year since the Commission established, there are cases of corruption revealed by the Commission, it is thus the rule of law for the perpetrators of corruption can be implemented. Keywords:Wiretapping Authority Commission, Law Enforcement, Human Rights
SEMARANG CITY GOVERNMENT ROLE IN CONSERVATION AND ENVIRONMENTAL PROTECTION TO THE CAPITAL OF THE NATIONAL HERITAGE IN INDONESIA Achmad J Pamungkas; Carlito Da Costa
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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Semarang is the capital of Central Java province and categorized in major cities in Indonesia. The government's role in keeping pest preservation and protection of the environment with menegedepankan balance the economic aspects, protection of cultural heritage and the environment. In the application of conservation and environmental protection in Semarang Semarang city government take strategic steps to perform the functionalization of green open land and the old town that could be developed as a tourist attraction that has the principle of conservation of renewable and environmental protection. Monitoring and environment control for business development players so it does not harm the public, including the empowerment of management Waste that not cause pollution. Keywords: City Government, Conservation and Protection, Environment
IMPLEMENTATION OF LAW AS TO MAINTAIN SECURITY IN THE CONTEXT OF PROFESSIONAL POLICE POLMAS (CASE STUDY IN LAMPUNG POLICE) Muhammad Yaman; Erlyn Indarti
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
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The reform process has been and is ongoing to reach a democratic civil society led to various changes in the joints and a country life. Police are currently carrying out a process of reform to become a civilian police force, must be able to adapt to the development of community life by way of changing the paradigm that drip-focus on a reactive approach and conventional (power) to a proactive approach and gained public support with an emphasis on partnerships in the framework of solving social problems. The police function of organizing models known in foreign countries with different names like Neighborhood Policing, Community Oriented Policing, Community Based Policing, and eventually popular as Community Policing. Important issues as the problem of police (police problem) from the point of view of the community, such as the application of the discriminatory law, the presumption of the police, the use of inappropriate police diskresi is not an easy job to be resolved in the framework of the reform of the national police. Despite this realization that Police in democratic societies is basically a job managing a conflict needs to be grown and realized through programs of police-community relations, in addition to the existence of institutions supported controls. Policy implementation of the police force in General, is based on the desire to prevent abuse of police authority, to protect the rights and liberties of the people, so that the police are working in accordance with the law, and that there is oversight of police activities against. Transparency and accountability of the national police in the past can be said to be low among others due to the lack of openness, the general public is less informed about the activities of police handling and handling complaints or statements. Meanwhile, traditionally the national police so far have actually developed a mentoring program Community (Bimmas) and programs related to security system Swakarsa (Siskamswakarsa). The program Siskamswakarsa is realized through the system's security environment (Siskamling) which includes the neighborhoods, environmental education, and the work environment as a form of security Swakarsa as defined in the Police Act of the Republic of Indonesia. Babinkamtibmas (Enlisted the coaching Community security and public order) Actas the spear head of the implementation Siskamswakarsa/Siskamling. But it needs to be underlined, patterns are the implementation of the national police that is ' preemit ' through Bimmas approach/Babinkamtibmas it surely also implies structural relations of power, so the perceived need to adapted to the development of civil society. On the basis of the considerations outlined above, is seen necessary to adopt the concept of Community Policing and customize it to the characteristics and needs of the community as well as by way of Indonesia and with the name of Indonesia. Without prejudice to the possibility of the use of a different term translations, especially for academic purposes, formally by the ranks of the police and the model was named the community Perpolisian. Further conceptual and operational terms mean shortened Polmas. Thoughts concerning the development of Polmas seen needs to be poured in a manuscript policy and strategy of the organization. To that end, throughDecree No. Kapolri Pol. SKEP/737/X/2005 October 13, 2005, has been proclaimed policiesand strategies of the application of Community Perpolisian Model (Polmas) in order of organizing task [subject matter] the national police. As the motor or spearhead implementation of Polmas Police Partnership Forum was the establishment of communities (FKPM) at the level of the operational units of the national police as a container of communication, consultation, transparency, and accountability of the national police with the community it serves. In connection with this, the idea of polmas got a first step on Grand Strategy (Renstra) national police 25 years as already mentioned above, namely: 1) short term (2005-2010), building Trust Building; 2) medium term (2011-2015), establish Partnership/Networking; 3) long term (2016-2025), embodies the Strive for Excellence.

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