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Jurnal UMPurwokerto Law Review Fakultas Hukum - Universitas Muhammadiyah Purwokerto Jl. K.H. Ahmad Dahlan, Purwokerto, Jawa Tengah Indonesia, 53182
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UMPurwokerto Law Review
Published by Universitas Muhammadiyah Purwokerto
ISSN : 27453839     EISSN : 27455203     DOI : http://dx.doi.org/10.30595/umplr
Core Subject : Social,
Social Sciences
UMPurwokerto Law Review (P-ISSN: 2745-3839 & E-ISSN: 2745-5203) is an international, open-access journal with rapid peer-review, which publishes works from a wide range of fields law. UMPurwokerto Law Review is published twice a year (February & August) by the Faculty of Law Universitas Muhammadiyah Purwokerto. The review process in this journal uses a double-blind review, which means that the identity of the reviewer and writer is kept secret from the reviewer, and vice versa.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 44 Documents
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PLEA BARGAINING IN REALIZING EFFECTIVE AND EFFICIENT CRIMINAL JUSTICE SYSTEMS Monisti Sri Widianto; Indriati Amarini; Ika Ariani Kartini
UMPurwokerto Law Review Vol 1, No 1 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i1.8051

Abstract

The condition of the criminal justice system is allegedly full of corrupt practices (judicial corruption), facing the problem of piles of cases that are very severe (overloaded), slow and time-consuming (waste of time), proceed with expensive costs (very expensive), less able to accommodate the sense of justice in society (unresponsive), and too rigid, formal and too technical (nonflexible, formalistic, and technically). There are two problems that will be analyzed in this study, namely First, how plea bargaining can bring about effective and efficient criminal justice. Second, how is the bargaining plea in the Criminal Procedure Code Draft? Research shows that Plea Bargaining is a faster and more efficient case resolution if the defendant pleads guilty. Not only is the guilty plea of the defendant or the lawyer able to make an agreement with the public prosecutor regarding the generally lighter form and duration of the sentence. It is necessary to regulate the mechanism of the implementation of plea bargaining system in the criminal justice process, guarantees of the rights owned by the defendant at the time of plea bargaining mechanism, as well as time limits on each stage of the examination in order to realize an effective and efficient criminal justice.Keywords: Plea Bargaining, Justice, Effective, and Efficient. 
The Role of Forensic Medicine in Disclosing Premediated Killers (Study of Decision No. 116/Pid.B/2019/PN.Bms) Aulia Ineke Fitri
UMPurwokerto Law Review Vol 1, No 2 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i2.8658

Abstract

Forensic medical science is a science that is used for legal purposes by providing scientific evidence that can be used in solving crimes, especially the crime of murder. This science studies the cause of death, identification, state of post-mortem corpses. This study will discuss the role of forensic medicine in uncovering the crime of premeditated murder in case no. 116/Pid.B/2019/PN.Bms. The research method used is normative juridical, which is carried out through a literature study that examines secondary data in legislation and other legal documents, research results, assessment results, other references and is equipped with interviews. This study concludes that forensic medicine plays an essential role in investigating the crime of premeditated murder in case no. 116/Pid.B/2019/PN.Bms because of the need to identify corpses that have become bones and charred, so how important it is that forensic medicine is poured into evidence in the letter category in the form of Visum et Repertum, which by police investigators is under Article 133 of the Criminal Procedure Code to be used as legal evidence in uncovering and seeking the material truth of a criminal act that occurred. Suggestions in this study include providing education to the public regarding the treatment of evidence and the crime scene to change the disclosure of cases. Keywords: Classification, Inheritance Certificate, Discrimination
THE ROLE OF THE PRESS BOARD OF HOAX REPORTS TAKEN BY ANNOUNCER BASED ON PRESS LAW Rizky Andi Dwianto; Soediro Soediro; Astika Nurul Hidayah
UMPurwokerto Law Review Vol 1, No 1 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i1.7731

Abstract

In the era of digitalization and globalization like today, news or information can be obtained not only through print media but also through cyber media. However, what is unfortunate is the emergence of new media such as cyber media, not all are able to provide accurate, reliable and responsible information, instead, some of the cyber media, practice hoax reporting. The press council has the function to establish and oversee the implementation of the journalistic code of ethics, which is to give consideration and to seek resolution of public complaints on cases related to press reporting, including hoax reporting. In recent years, hoax news has emerged. This study discusses how the press council's role in hoax reporting is carried out by journalists based on Law Number 40 of 1999 concerning the Press and what are the obstacles experienced by the press council against hoax reporting carried out by journalists based on Law Number 40 Year 1999 About the Press. The method used in this study is the normative juridical method carried out through literature studies that examine mainly secondary data. The role of the press council on hoax reporting carried out by journalists based on Law Number 40 of 1999 Concerning the Press is oversight of the implementation of the Journalistic Code of Ethics.Keywords: Press Council, Journalists, Hoax News
IMPLEMENTATION OF ADMINISTRATIVE SANCTIONS FOR RESTAURANT TAXES AS REGIONAL ORIGINAL INCOME Elza Suryawan Martioso; Indriati Amarini; Ika Ariani Kartini
UMPurwokerto Law Review Vol 1, No 1 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i1.7730

Abstract

Regional Original Income is revenue that is obtained by the regional government for the implementation of government and services to the community. One source of local revenue is the restaurant tax. However, often the tax is not optimal because it is considered to result in high economic costs and less support for business or investment including restaurant tax. The purpose of this study was to determine the provisions of administrative sanctions against restaurant tax offenders. This research uses normative juridical research with data in the form of books, journals, research results, and related laws and regulations. The results showed that restaurant tax as a source of local revenue was regulated by Regional Regulation. Provisions on administrative sanctions are regulated in regional regulations by adjusting the conditions in each area. Local regulations on restaurant taxes should contain clear and strict sanctions so they can be effective.Keywords: administrative sanctions, restaurant tax, local own income
Trade Supervision Through the Government Electronic System Based on Law No. 7 Of 2014 Concerning Trade And Government Regulation No. 80 of 2019 Concerning Trade Through Electronic Systems Ailsa Salma Indrasari
UMPurwokerto Law Review Vol 2, No 1 (2021)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v2i1.9281

Abstract

The rapid development of technology changes people's lifestyles, including trade transactions. This research discusses the regulation of trade through electronic systems based on Law No. 7 of 2014 on Trade and Government Regulation No. 80 of 2019 on Trading Through Electronic Systems as well as preventive and repressive efforts by the government in order to supervise the implementation of trade transactions through electronic systems or e-commerce based on PP No. 80 of 2019 on Trading Through Electronic Systems. The methods used are arranged systematically, logically, and rationally. In the sense that the entire data obtained will be connected adjusted to the subject matter examined. Regulation on trading through electronic systems or e-commerce under the mandate of Article 66 of Law No. 7 of 2014 on trade is contained in Government Regulation No. 80 of 2019 on Trading Through Electronic Systems. In Government Regulation No. 80 of 2019 concerning Trade Through Electronic Systems, the government seeks guidance as a preventive effort and implements administrative sanctions as a repressive effort on perpetrators of violations of applicable rules and regulations. The government should make trade arrangements through electronic systems to not overlap with other rules and conduct further guidance on trading businesses through electronic systems. Keywords: Regulations, Supervise, E-commerce
Electronic Ticketing Implementation (E-Ticketing) to Traffic Violations in the Banyumas Regency Cahya Suryana
UMPurwokerto Law Review Vol 2, No 1 (2021)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v2i1.9546

Abstract

The implementation of electronic ticketing in Banyumas Regency begins with a trial period on February 3-10, 2019, and the implementation started on February 11, 2019. The application of electronic ticketing is still not understood by the public, and it can be seen that there are still intersections that do not use head guards or stop exceeding road markings. This study aims to see how the implementation of e-ticketing to traffic in Banyumas Regency under existing regulations. Furthermore, whether there are changes before and after the implementation of e-ticketing. This study uses an empirical juridical legal approach. How is the implementation of electronic ticketing (e-ticket) for traffic in Banyumas Regency? 2 What are the obstacles in implementing electronic ticketing in Banyumas Regency. When viewed from the Banyumas Regency tickets data period 2018 to 2019, there is still a significant increase and decrease due to several factors such as extended holidays, homecoming, and new e-ticketing, while from 2019 to 2020, there is an increase at the beginning of the year due to holidays long as well. After that, there was a significant decline due to the pandemic. Obstacles in the implementation of electronic ticketing (e-ticketing) in Banyumas Regency are in vehicle ownership problems. The number of CCTV (Closed Circuit Television) installed to monitor violators is still lacking because not all intersections have CCTV installed, especially in crowded areas. It is expected to add CCTV at every intersection that becomes a crowd point, which is expected to comply with traffic rules and has accidents. It is hoped that the Transportation Agency and the Police will be given more education about the application of e-ticketing in Banyumas Regency.Keywords: electronic ticketing and failure
Handling of Tofu Liquid Waste in Central Sokaraja Village, Banyumas Regency Hariadi Kadarisman
UMPurwokerto Law Review Vol 2, No 1 (2021)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v2i1.9277

Abstract

Pollution of water, air, soil, and disposal of hazardous and toxic materials (B3) is a problem that must be around communities living around industrial areas. One of the problems that occur due to human activities is air pollution at air sources because it receives a pollution load that exceeds its carrying capacity. Pollution that causes a decrease in water quality can come from waste. Tofu liquid waste pollution is one of the causes of environmental pollution and can cause disease to humankind and manage a wastewater treatment system based on the nature and character of the tofu wastewater itself. This research discusses handling tofu liquid waste handling in the Village of Central Sokaraja based on Law Number 32 of 2009 concerning Environmental Protection and Management (Perlindungan dan Pengelolaan Lingkungan Hidup, UUPPLH). This research approach method is normative juridical. The normative juridical method is carried out through literature studies that examine secondary data in the form of laws and regulations, court decisions, agreements, contracts, or other legal documents, research results, assessment results, and other references. The handling of liquid tofu waste is not going well in Hamlet Muntug and Hamlet Kauman, Central Sokara Village. Due to WWTP, whose construction and pump system are not under the WTP establishment standards, and the public awareness of the craftsmen who know about environmental awareness. Furthermore, WWTP must carry out a full assessment to handle industrial tofu waste and involve competent stakeholders in their fields. Furthermore, the Village Government of Sokaraja provides solutions and education to the surrounding community, especially those involved in industries related to environmental protection and management.Keywords: Handling, Tofu Liquid Waste, Pollution
Children's Liability in Traffic Criminal Actions (Case Study Decision Number: 273 / Pid.Sus / 2019 / PN Gsk) Devan Lismatika Nugraha
UMPurwokerto Law Review Vol 2, No 1 (2021)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v2i1.9545

Abstract

This study aims to analyze the court decision number: 273 / Pid.Sus / 2019 / PN Gsk. The method used is normative legal research. The data used is secondary data, including books, scientific journals, research results, and laws and regulations. The data obtained were then analyzed normatively qualitatively. The results of this verdict indicate that first, the defendant M Nastain Bin Kariyanto was proven legally and proven to have committed a criminal act of "Driving a motor vehicle because his negligence resulted in a traffic accident which resulted in another person's death. The defendant's responsibilities are as follows; the defendant is candid, confesses and regrets his actions, the defendant has apologized and made peace with the victim's family, the defendant is polite during the trial, the defendant is not complicated in giving testimony, the defendant admits that he has never acted before, The defendant provided compensation in the amount of Rp. 5,000,000.00 plus motorcycle repair money, because the defendant was able to take responsibility, the defendant had to be declared and therefore sentenced to punishment under what was applicable. Second, the defendant was found guilty and sentenced to criminal law, so based on Article 222 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), Article 310 Paragraph (4) of Law of the Republic of Indonesia Number 22 of 2009 concerning Traffic and Road Transport.Keywords: Children; Accountability; Criminal act
Criminal Disparities in the Judiciary in Tasikmalaya City (Study of Decision No. 113/Pid.Sus/2020/PN.Tsm and No. 114/Pid.Sus/2020/PN.Tsm) Henidar Anindita
UMPurwokerto Law Review Vol 2, No 1 (2021)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v2i1.9253

Abstract

Different conviction or disparity of sentencing in judges discretionary form at imposing of judgment for making a decision. This case impacts disappointment for the general public and especially for conviction. This research purposes to know the rule of sentencing disparity on criminal law in Indonesia. Furthermore, some factor sentencing disparity happened in the article No. 113/Pid.Sus/2020/PN.Tsm and article No. 114/Pid.Sus/2020/PN.Tsm in narcotic crime case at Tasikmalaya. This research uses a normative juridical method done through literature study that analyzes secondary data in the form of laws and regulation, legal document, the result of research, assessment of result and others reference through interview. This study's results are: 1) The rule of disparity of sentencing criminal procedural law in Indonesia list in article 197 KUHP, judges must consider determining strafmaat for defendant through material evidence at trial to support the conclusion considerate of judges. There is a limit of judges to deciding cases that regulate in article 183 KUHAP. 2) Factor of sentencing disparity in the article No. 113/Pid.Sus/2020/PN.Tsm and article No. 114/Pid.Sus/2020/PN.Tsm in narcotic crime case, there is other evidence from each defendant that makes the basis of consideration is different. However, the defendant's role in committing a crime was some in the article No. 35 Tahun 2009 about Narcotic regarding provisions of the crime. The researcher suggests that when judges decide the matter that contained disparity of sentencing, accordingly, it must rely on objective consideration.Keywords: Disparity of Sentencing, Conviction, Narcotic.
Juridical Review of Landreform Land Object Redistribution in Bantarsari Village, Cilacap Regency Giovanni Helmi Munif
UMPurwokerto Law Review Vol 2, No 1 (2021)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v2i1.9525

Abstract

Land reform is defined as an effective way to achieve successful development because access to land is crucial for socio-economic development, poverty alleviation, and environmental sustainability. Apart from being a factor of production, the land is also a factor of wealth and prestige. And strength or power. Bantasari Village, Bantarsari Sub-District, Cilacap District is one of the villages that conducts land object redistribution activities in land distribution and land certificates issuance. The redistribution of land objects has not been optimal, and this is because there are still many residents who do not have land certificates as proof of ownership. This research discusses how the juridical review and constraints in implementing land reform land objects' redistribution in Bantasari Village, Bantarsari Sub-District, Cilacap District based on Presidential Regulation No. 86/2018. The method used in this study is the normative juridical method used. It came out through literature studies examining secondary data. The implementation of Agrarian Reform referred to in Article 5 paragraph (1) Presidential Regulation Number 86 of 2018 concerning Agrarian Reform including those carried out through the stages of wealth management referred to in Article 5 paragraph (1) letter a consists of land redistribution or asset legalization.Keywords: Land Redistribution, Land reform, certificate

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