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<![CDATA[Kepastian Hukum Kepemilikan Tanah dan Bangunan Bagi Pembeli Perumahan Korpri Griya Mutiara Indah di Penajam Paser Utara ]]>
<![CDATA[Ismi Dayana]]>;
<![CDATA[Purwanto]]>;
<![CDATA[Aryo Subroto]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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<![CDATA[One of the forms of transfer of regional property is through a grant with the approval of the regent. However, civil servants as recipients of land grants in 2008 and 2014 have not been able to issue them as Certificates of Ownership. This study aims to identify the inhibiting factors for the issuance of Property Rights Certificates, as well as to analyze legal certainty regarding land and building ownership for buyers and to find out the forms of efforts that can be taken by grantees. This study produces and proposes the following findings: First, the inhibiting factors in the issuance of certificates of property rights at the Korpri Griya Mutiara Indah housing estate in North Penajam Paser are the legal substance factor and the legal factor. second, the legal certainty of land and building ownership for the buyer in the form of Building Use Rights on the land of Management Rights which is still a regional asset and the efforts that can be made by the recipient of the land grant for the Korpri Griya Mutiara Indah Housing in North Penajam Paser can be done first. through the Regional Finance and Assets Agency, which then develops regional property in the form of land with management rights, approval from the DPRD is needed so that civil servants can apply for an upgrade to a Certificate of Ownership to the land office of North Penajam Paser Regency.]]>
<![CDATA[Pertanggungjawaban Hukum Penyidik Terhadap Perbuatan Salah Tangkap Dalam Perspektif Hukum Pidana Dan Hak Asasi Manusia ]]>
<![CDATA[Dedy Irawan]]>;
<![CDATA[Haris Retno Susmiyati]]>;
<![CDATA[Orin Gusta Andini]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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<![CDATA[The wrongful arrest by investigators simultaneously occurs during the arrest process, resulting in a violation of someone's human rights. The responsibility of investigators for wrongful arrests has been regulated in the Criminal Procedure Code and the police professional code of Ethics. The research approach used is a socio-legal approach that aims to find out two main points of discussion. First, the author wants to know and analyze the legal responsibility of investigators who commit wrongful arrests from the perspective of criminal law and human rights. Second, the writer wants to know and analyze the enforcement of criminal responsibility laws against investigators who commit wrongful acts of arrest in the Kutai Kartaneagara Police area. Based on the results of the research, it can be concluded that the responsibility of the investigator is towards the occurrence of wrongful arrests from a criminal law perspective, namely by imposing sanctions on the professional code of ethics of police and disciplinary law or further regulated in Article 13 PP No. 1 of 2003 concerning the Intentions of Members of the National Police of the Republic of Indonesia. Apart from that, from a human rights perspective on wrongful arrests, investigators must be processed following Perkap No. 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in implementing the Duties of the Republic of Indonesia Police. Then the obstacles in enforcing the criminal law against wrongful arrests are caused by the lack of strict application of the police code of ethics sanctions against investigators, specifically regarding sanctions against investigators who violate the police code of ethics.]]>
<![CDATA[Penanganan Terbaik Pada Kelebihan Kapasitas Lembaga Permasyarakatan Di Beberapa Negara ]]>
<![CDATA[Turnip Mega Marta]]>;
<![CDATA[Mahendra Putra Kurnia]]>;
<![CDATA[Rika Erawaty]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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<![CDATA[This research is motivated by the fact that there are still many Correctional Institutions in several countries that experience overcapacity of residents caused by the orientation of the application of imprisonment. This normative research aims to find out the best form of handling related to the overcapacity of prisons in several countries and whether the best treatment in several countries can be applied in Indonesia to reduce the overcapacity of prisons in Indonesia. The research method used in this research is doctrinal law research. The results found from this study indicate that the increase in the overcapacity of prisons in several countries is due to the practice of imprisonment. Therefore, it is necessary to develop and increase the effectiveness of alternative criminals, and it is necessary to reform the criminal law legislation for certain types of crimes.]]>
<![CDATA[Bantuan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Seksual Di Indonesia ]]>
<![CDATA[Adinda Khairun Nisa]]>;
<![CDATA[Nicka Tri Mulyasari]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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<![CDATA[Sexual violence against children and women is a problem that is rife lately. The number of children who become victims of sexual violence cases is due to the mindset that these children are considered helpless. The government and also related institutions to prevent cases of sexual violence against children and women have made various efforts, for example, in terms of policies and also firm regulations. This research uses descriptive research with the type of research is normative juridical. In providing protection for child victims of sexual violence and providing legal assistance for child victims of sexual violence, many obstacles are still encountered. These constraints are both constraints from internal factors and also constraints from external factors. The implementation of legal protection for child victims of sexual violence, in reality, still cannot be implemented optimally following the policies of existing laws and regulations in Indonesia. Enforcing the law in the criminal act of sexual violence against children, it can fulfill a sense of justice for the victim, the victim's family, and the community by imposing maximum punishment and strict sanctions for perpetrators of sexual violence against children.]]>
<![CDATA[Urgensi Pos Bantuan Hukum (Posbakum) Dalam Pemenuhan Hak Terdakwa Di Rutan Boyolali ]]>
<![CDATA[Marisa Kurnianingsih]]>;
<![CDATA[Muchamad Iksan]]>;
<![CDATA[Cahyo Kuntoro]]>;
<![CDATA[Alfath Sartanto]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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<![CDATA[Indonesia is a state of law, but many people do not comply with the law. In 2018–2020, the number of crimes in various regions of Indonesia continues to increase, and Boyolali Regency is no exception. This means that many people who act as perpetrators of criminal acts have to deal with the legal process. With so many people becoming defendants, the state has an obligation to ensure that the rights of the accused are fulfilled, one of which is the right to get free legal assistance through the presence of Posbakum both at detention centers and at the District Court. However, many defendants did not know or use their rights. This study used a qualitative, non-doctrinal approach by seeking informants to find out about the role of Posbakum and efforts to optimize Posbakum in the Boyolali detention center. From this research, it will be known that Posbakum has a role in fulfilling the rights of the accused during the process of dealing with the law and the efforts made by the Boyolali detention center in realizing the rights of the accused who are undergoing detention there.]]>
<![CDATA[Kepastian Hukum Kepemilikan Tanah dan Bangunan Bagi Pembeli Perumahan Korpri Griya Mutiara Indah di Penajam Paser Utara ]]>
<![CDATA[Dayana, Ismi]]>;
<![CDATA[Purwanto]]>;
<![CDATA[Subroto, Aryo]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/risalah.v19i1.893
<![CDATA[One of the forms of transfer of regional property is through a grant with the approval of the regent. However, civil servants as recipients of land grants in 2008 and 2014 have not been able to issue them as Certificates of Ownership. This study aims to identify the inhibiting factors for the issuance of Property Rights Certificates, as well as to analyze legal certainty regarding land and building ownership for buyers and to find out the forms of efforts that can be taken by grantees. This study produces and proposes the following findings: First, the inhibiting factors in the issuance of certificates of property rights at the Korpri Griya Mutiara Indah housing estate in North Penajam Paser are the legal substance factor and the legal factor. second, the legal certainty of land and building ownership for the buyer in the form of Building Use Rights on the land of Management Rights which is still a regional asset and the efforts that can be made by the recipient of the land grant for the Korpri Griya Mutiara Indah Housing in North Penajam Paser can be done first. through the Regional Finance and Assets Agency, which then develops regional property in the form of land with management rights, approval from the DPRD is needed so that civil servants can apply for an upgrade to a Certificate of Ownership to the land office of North Penajam Paser Regency.]]>
<![CDATA[Pertanggungjawaban Hukum Penyidik Terhadap Perbuatan Salah Tangkap Dalam Perspektif Hukum Pidana Dan Hak Asasi Manusia ]]>
<![CDATA[Irawan, Dedy]]>;
<![CDATA[Retno Susmiyati, Haris]]>;
<![CDATA[Gusta Andini, Orin]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/risalah.v19i1.961
<![CDATA[The wrongful arrest by investigators simultaneously occurs during the arrest process, resulting in a violation of someone's human rights. The responsibility of investigators for wrongful arrests has been regulated in the Criminal Procedure Code and the police professional code of Ethics. The research approach used is a socio-legal approach that aims to find out two main points of discussion. First, the author wants to know and analyze the legal responsibility of investigators who commit wrongful arrests from the perspective of criminal law and human rights. Second, the writer wants to know and analyze the enforcement of criminal responsibility laws against investigators who commit wrongful acts of arrest in the Kutai Kartaneagara Police area. Based on the results of the research, it can be concluded that the responsibility of the investigator is towards the occurrence of wrongful arrests from a criminal law perspective, namely by imposing sanctions on the professional code of ethics of police and disciplinary law or further regulated in Article 13 PP No. 1 of 2003 concerning the Intentions of Members of the National Police of the Republic of Indonesia. Apart from that, from a human rights perspective on wrongful arrests, investigators must be processed following Perkap No. 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in implementing the Duties of the Republic of Indonesia Police. Then the obstacles in enforcing the criminal law against wrongful arrests are caused by the lack of strict application of the police code of ethics sanctions against investigators, specifically regarding sanctions against investigators who violate the police code of ethics.]]>
<![CDATA[Penanganan Terbaik Pada Kelebihan Kapasitas Lembaga Permasyarakatan Di Beberapa Negara ]]>
<![CDATA[Turnip Mega Marta]]>;
<![CDATA[Putra Kurnia, Mahendra]]>;
<![CDATA[Erawaty, Rika]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/risalah.v19i1.1015
<![CDATA[This research is motivated by the fact that there are still many Correctional Institutions in several countries that experience overcapacity of residents caused by the orientation of the application of imprisonment. This normative research aims to find out the best form of handling related to the overcapacity of prisons in several countries and whether the best treatment in several countries can be applied in Indonesia to reduce the overcapacity of prisons in Indonesia. The research method used in this research is doctrinal law research. The results found from this study indicate that the increase in the overcapacity of prisons in several countries is due to the practice of imprisonment. Therefore, it is necessary to develop and increase the effectiveness of alternative criminals, and it is necessary to reform the criminal law legislation for certain types of crimes.]]>
<![CDATA[Bantuan Hukum Terhadap Anak Korban Tindak Pidana Kekerasan Seksual Di Indonesia ]]>
<![CDATA[Khairun Nisa, Adinda]]>;
<![CDATA[Tri Mulyasari, Nicka]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/risalah.v19i1.1023
<![CDATA[Sexual violence against children and women is a problem that is rife lately. The number of children who become victims of sexual violence cases is due to the mindset that these children are considered helpless. The government and also related institutions to prevent cases of sexual violence against children and women have made various efforts, for example, in terms of policies and also firm regulations. This research uses descriptive research with the type of research is normative juridical. In providing protection for child victims of sexual violence and providing legal assistance for child victims of sexual violence, many obstacles are still encountered. These constraints are both constraints from internal factors and also constraints from external factors. The implementation of legal protection for child victims of sexual violence, in reality, still cannot be implemented optimally following the policies of existing laws and regulations in Indonesia. Enforcing the law in the criminal act of sexual violence against children, it can fulfill a sense of justice for the victim, the victim's family, and the community by imposing maximum punishment and strict sanctions for perpetrators of sexual violence against children.]]>
<![CDATA[Urgensi Pos Bantuan Hukum (Posbakum) Dalam Pemenuhan Hak Terdakwa Di Rutan Boyolali ]]>
<![CDATA[Kurnianingsih, Marisa]]>;
<![CDATA[Iksan, Muchamad]]>;
<![CDATA[Kuntoro, Cahyo]]>;
<![CDATA[Sartanto, Alfath]]>
<![CDATA[ Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Mulawarman ]]>
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DOI: 10.30872/risalah.v19i1.1026
<![CDATA[Indonesia is a state of law, but many people do not comply with the law. In 2018–2020, the number of crimes in various regions of Indonesia continues to increase, and Boyolali Regency is no exception. This means that many people who act as perpetrators of criminal acts have to deal with the legal process. With so many people becoming defendants, the state has an obligation to ensure that the rights of the accused are fulfilled, one of which is the right to get free legal assistance through the presence of Posbakum both at detention centers and at the District Court. However, many defendants did not know or use their rights. This study used a qualitative, non-doctrinal approach by seeking informants to find out about the role of Posbakum and efforts to optimize Posbakum in the Boyolali detention center. From this research, it will be known that Posbakum has a role in fulfilling the rights of the accused during the process of dealing with the law and the efforts made by the Boyolali detention center in realizing the rights of the accused who are undergoing detention there.]]>
