Law Research Review Quarterly
The Law Research Review Quarterly is intended to be a national and international journal that provides a forum and forum for academics, legal practitioners, legal observers, students, researchers and the general public who have an interest in the field of legal science. This journal covers all fields of law, including: Criminal Law, Civil Law, State Administrative Law, International Law, Business Law, Human Rights Law, Tax Law, Land Law, Agrarian Law, Sea Law, Diplomatic Law, Law and Society, Philosophy of Law, Comparative Law, Procedural Law, Sociology of Law, Criminology, Victimology, Law and Gender, Islamic Law, and various other relevant fields of law studies. This journal is published every three months (four times a year) both online and in print.
Articles
531 Documents
Investigating Money Political Crimes in 2018 Simultaneous Elections (Case Study in Kuningan District and Ternate District)
Iryanto, Wisnu Pratama
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i02.25492
The 2018 simultaneous local elections have taken place with several traces of criminal cases taking place. The Election Supervisory Agency noted that there were 291 reports and findings of criminal violations during the 2018 Simultaneous Election. 52 cases had been brought to court with two cases related to money politics by a pair of candidates in two districts namely Kuningan and Ternate. In the case of Kuningan, the perpetrators were sentenced to 3 years in prison and fined 200 million rupiah. While in Ternate, there are two cases of money politics whose cases are still being tried. The research method used in the writing of this paper is based on the study of literature. The study in this research focuses on the process of the occurrence of money politics that leads to criminal acts. In addition, this study also outlines the criteria for the occurrence of money politics, criminal sanctions, as well as examples of case studies that occurred in the 2018 Simultaneous Local Election.
Juridical Review Adjustment of Legal Entity Political Parties and New Political Parties to become Legal Entities Based on Law Number 2 of 2011 concerning Political Parties
Ananto, Riana Wulandari
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i02.25539
The existence of political parties is a means of governing political communication and government, namely the community. The function of political communication is intended as one party that formulates interests (interests articulation) and challenges or distributes interest (aggregation interest) of the community to be conveyed and fought for by the government through available channels, while in other positions it also explains and disseminates government policies to the public (specifically member of the political party concerned). Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties, requires legal entities or new political parties to register as legal entities in accordance with Law Number 2 of 2011 concerning Political Parties, This is a circle to further institutionalize the structure of national political party management. Therefore, the provisions of article 3 paragraph (2) stipulate that political parties become police bodies that have a police force of atleast 75% of the total provinces, 50% of the total number of districts/ cities in each province that discuss, and 50% of the total number of sub-districts in each province, district/ city in the area concerned.
Student Involvement as Participatory Supervisors Accompanying the Development of Democratic Development
Rihardi, Satrio Ageng
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i02.25553
The presence of participatory supervision rather than active citizens is, of course, highly expected to be carried out in an honest and fair election without partiality for either candidate pair for the election. EThis study aims to find out how appropriate supervision assistance is carried out by students in organizing the 2019 legislative and presidential and vice presidential elections in the city of Magelang as well as to find out and analyze the form of supervision assistance conducted by students whether it can be effective and efficient for the continuation of legislative elections and presidential and vice presidential elections during the development of democratic system development. This research was conducted normatively which prioritized literature study with primary data base and supported by secondary data based on data from the field by conducting direct interviews with informants relating to the problems in this study. The results of research in the form of supervision assistance that is appropriate to do is with the involvement of students starting at the time of data collection, registration, determination of the final voter list, voting and during vote counting, so that it will be well backuped at each stage of the process that can prevent election violations and the involvement of students as a companion.
The Challenges of Democracy in the Era of Globalization for the Purpose of Preventing Money Politics in Elections
Saputri, Wahyuningtyas Dwi;
Prayogo, Bagus Edi
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i02.25554
Globalization according to the big Indonesian dictionary is the process of entry into the scope of the world. In this case it means that the world is without limits. Easily enter and exit information. This has resulted in various positive and negative impacts. The positive impact of the existence of globalization adds insight into knowledge about what is happening in the outside world and adds enthusiasm in making various useful innovations along with the passage of human life. And the negative impact of globalization itself is the higher level of fulfillment of human needs. From the influence of globalization can change the structure and structure to habits in society if not filtered properly. The effect of the high level of fulfillment of human needs causes many people to do various things in order to achieve these needs. One example that often occurs in the democratic life of the Indonesian people is money politics. Money politics is implemented by a handful of people who have personal goals and interests. This is certainly a violation in terms of democracy because it violates the principles in elections that have the principle of confidentiality, honesty, and fairness. The democratic party should be characterized by sportsmanship and honesty without coercion in choosing regional representatives. Ironically, money politics has always been a powerful way to win one of the regional representatives. People who are victims need to be educated so that there is no money politics in the election party.
Application of the Authority of Civil Servant Investigators in Conducting Immigration Criminal Investigations
Syahrin, Muhammad Alvi
Law Research Review Quarterly Vol 4 No 1 (2018): L. Research Rev. Q. (February 2018) "Law Enforcement of the Control of Illegal Im
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i01.25555
Article 105 of Law Number 6 of 2011 concerning Immigration, states that Immigration Civil Servant Investigators (PPNS) are authorized as investigators of Immigration offenses carried out in accordance with the provisions. The results of this study are (i) enforcement of immigration law carried out one of them by investigating the perpetrators of violations of the Immigration Act. The process of investigating perpetrators of violations of the Immigration Act is carried out based on the provisions in the Criminal Procedure Code as a lex generalis and the Immigration Act as a lex specialis. In this study, law enforcement has been carried out against participating in the crime of trafficking in blank immigration document / passport documents by providing invalid data or inaccurate information to the Immigration officer to obtain the Republic of Indonesia's travel documents for himself. (ii) in carrying out immigration law enforcement functions there are still obstacles faced by the Immigration PPNS including lack of knowledge, lack of operational funds, lack of public participation in reporting the presence of foreigners in their environment, weak coordination with other legal apparatus and obstacles stemming from factors law.
The Relationship of Illegal Fishing with the Entry of Illegal Immigrants as a Form of Transnational Crime
Lewerissa, Yanti Amelia
Law Research Review Quarterly Vol 4 No 1 (2018): L. Research Rev. Q. (February 2018) "Law Enforcement of the Control of Illegal Im
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i01.25556
This writing aims to assess the relationship between illegal fishing and the entry of illegal immigrants as a form of transnational crime. The research method used is normative legal research. Sources of legal materials used are primary, secondary and tertiary legal materials related to writing. Data collection techniques through literature study and analyzed qualitatively. From the results of the study showed that Indonesia as the largest archipelago in the world with 17,504 large and small islands and a coastline length of 81,700 km 2 makes Indonesia a country that has abundant marine resource potential. For this reason, many foreign naval fleets make Indonesian waters the main destination for their capture fisheries. These foreign-owned capture fisheries companies, the exploitation of marine resources that we have owned both legally and illegally. Likewise what happened in the Maluku region. As an archipelago province with an area of ​​658,295 km 2 with a coastline length of 11,000 km 2, the Maluku sea holds the potential for abundant marine wealth. Arafura Sea is one of the fisheries management areas which is often the main destination of foreign-owned fishing fisheries. Illegal fishing activities not only make Indonesia economically disadvantaged, but there is another problem, namely the existence of other crimes that usually follow the illegal fishing activities. One of them is the entry of illegal immigrants into Indonesian territory. It was concluded that there was a connection between illegal fishing and the entry of illegal immigrants into Indonesia.
Gogoli's Punishment as a Renewal of National Death Penalty Sanctions against Immigrants Committing Narcotics Criminal Acts in the Development of Criminal Law in Indonesia (Study Period of the Buton Sultanate)
Ali, La Ode Bunga;
Mansyah, Muh Syutri
Law Research Review Quarterly Vol 4 No 1 (2018): L. Research Rev. Q. (February 2018) "Law Enforcement of the Control of Illegal Im
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i01.25557
At present, the Indonesian state is experiencing an unresolved narcotics problem. Various efforts to eradicate and prevent narcotics have been made, but they have not caused a deterrent effect in law enforcement. There are difficulties in eradicating at its roots, it is one of the obstacles experienced by our law enforcement officers, in this study using a normative juridical research method with a historical approach, a conceptual approach that has examined traditional criminal sanctions that were in force during the Buton Sultanate. and obstacles in the implementation of gogoli punishment. The results of this study indicate that the renewal of the national criminal law in relation to criminal sanctions can be sourced from customary law in effect in the Sultanate of Buton as intended is the gogoli punishment, while the concept of imposing a gogoli sentence is a rope wrapped around the body of the person sentenced and pulled in a way that the opposite direction until the endurance of his body lost or death, the sentence is included in the type of death sentence, this is relevant to immigrants who commit narcotics crime in Indonesia who have been sentenced several times to death sentence but apparently until now it still has no effect, the authors have the hope that the sentence can be applied nationally given the narcotics crime that occurred in almost all regions and will damage the morale of the nation's children today.
Castration Chemical Sanction Policy for Perpetrators of Sexual Violence Against Children of the Study of Criminal Law Politics
Krismiyarsi, Krismiyarsi
Law Research Review Quarterly Vol 4 No 1 (2018): L. Research Rev. Q. (February 2018) "Law Enforcement of the Control of Illegal Im
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i01.25558
Article 28 B paragraph (2) of the Constitution of the Republic of Indonesia confirms that the State guarantees the right of children to survival, growth and development as well as protection from violence and discrimination. Along with the rapid flow of globalization and the negative impact of the development of information technology and telecommunications, sexual violence against children is increasing. The Indonesian Child Protection Commission (KPAI), said that in 2015 there were 218 cases, in 2016 there were 120 cases, and in 2017 there were 116 cases. To address the phenomenon of sexual violence against children, the President of Indonesia issued Government Regulation in Lieu of Law No. 17 of 2016, which was subsequently upgraded to become Law, namely Law No. 17 of 2016 concerning Establishment of Government Regulation in Lieu of Law No. 1 of 2016 concerning the second amendment to Law No. 23 of 2002 concerning Child Protection becomes a law. The contents of criminal charges against perpetrators of sexual violence against children, can be subject to additional crimes in the form of announcements of the identity of the perpetrators, and can be subjected to actions in the form of chemical castration accompanied by rehabilitation and installation of electronic detection devices. The basis for considering the issuance of this Perppu minimizes sexual crimes, gives a deterrent effect for sexual offenders and prevents the intention of everyone to commit sexual crimes.
Accountability of Village Fund Management as Corruption Prevention Management of Village Fund Management
Ash-shidiqqi, Ellectrananda;
Wibisono, Hindrawan
Law Research Review Quarterly Vol 4 No 1 (2018): L. Research Rev. Q. (February 2018) "Law Enforcement of the Control of Illegal Im
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i01.25560
The use of Village Funds has not been used optimally for village development. Some cases of misappropriation of village funds occur because of the lack of accountability in the use of village funds and the lack of supervision from relevant parties. The incompetence of the use of village funds is also the cause of cases of misuse and corruption of village funds. This research focuses on aspects of accountability and supervision of village funds using literature. The results of this study produce an ideal model of accountability for the use of village funds ranging from supervision to use so that the village is expected to be more leverage in using village funds for development.
One Hundred Thousand, Ended in Misery Five Years
Rahman, Malik Akbar Mulki
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang
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DOI: 10.15294/snh.v4i02.25573
Indonesia is a country that adheres to a democratic system where every five years organizes a democratic party, the community participation rate from year to year has been shown to increase in 2014 reaching 75.11 percent from 71.7 percent in 2009 which showed an increase of 3.4 percent. Even though the number of people participating in democracy is increasing, there are still problems in organizing elections ranging from abstentions to fraud in the elections by legislative and executive candidates, who are often called upon by the people of money politics or money attacks. To overcome this problem, the author has the idea of ​​forming an independent body, specifically overseeing the election so that there are no violations in the form of money politics, and the most important thing is socialization to the public to work together in making the election successful by providing an understanding of the forms of violations in the election and if you see fraud, report directly to the authorities in this case, the KPU. The purpose of writing this essay is to reduce the level of fraud in elections so that elections can be fair, free, transparent and honest so that people are not disadvantaged tomorrow, because one chooses a leader. The use of research methods using quantitative descriptive methods with sources from journals, KPU, etc. Hopefully this article can be a solution to the election in 2019.