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Jurnal Idea Hukum
Published by Universitas Jenderal Soedirman
ISSN : 24427454     EISSN : 24427241     DOI : http://dx.doi.org/10.20884/1.jih.2020.6.2.154
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus of JIH is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Environmental Law,and etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 3, No 2 (2017): Jurnal Idea Hukum" : 10 Documents clear
KOORDINASI APARAT PENGAWASAN INTERN PEMERINTAH (APIP) DAN PENYIDIK DALAM PENANGANAN TINDAK PIDANA KORUPSI DI KABUPATEN BANYUMAS Nunik Sri Wahyuni
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.62

Abstract

This research aimed to find out the form and coordination effectiveness between the Government Intern Controlling Apparatus with the Investigator  in handling the criminal act of corruption in the Regency of Banyumas  This research used the sociology juridical approach. Data in this research was obtained by interview with the Public Attorney Investigator of Banyumas. The Tipikor Unit Investigator  Reskrim Polres Banyumas and Inspektorat Banyumas  and  collecting  many of the  certainty ordinance regulation, documentation, literature and accessing  internet.   Based on the  result of research and  discussion  could be  taken  the  conclusion of. Coordination between APIP and Investigator  did not have  the  clearness  in  technique  and criteria act of State Civil Apparatus which one was  categorized   in the scope of  criminal act that became  the  authority of Investigator  or in the scope of  administration  that  became the authority of APIP with the Investigator  in handling the  criminal act of corruption   was not  being effective  because of ego sectoral between APIP and Investigator and the necessity of disposition of regebts so that APIP can not work objectively and take a very long time. Keywords: APIP, Coordination, Investigator
ASAS PEMERIKSAAN PENGADILAN TERBUKA UNTUK UMUM DALAM TINDAK PIDANA PERJUDIAN SEBAGAI KEJAHATAN KESUSILAAN (Studi Kasus Di Pengadilan Negeri Purbalingga) Ageng Priambodo Pamungkas
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.64

Abstract

Article 153 paragraph (3) of the Criminal Procedural Code determines for the purpose of examination, the chair of the judicial session to open hearings and declare open to the public except in matters concerning the morality or the offense of children. In practice, the examination of gambling matters as a crime against morality, by the Judicial Council of PN Purbalingga, was made public. The research method uses normative juridical method. Data sources in the form of secondary data are supported with primary data. The first conclusion, the consideration of the Judicial Assembly of PN Purbalingga states that the trial of criminal acts of gambling is open to the public, due to the practice in practice. Gambling crime is a crime of morality in a broad sense. There are no statutory rules governing the procedure of gambling criminal proceedings. The second conclusion, there are two understandings of the meaning of morality, namely morality in the narrowed meaning of which is related to sexual and moral in a broadly unlimited sexual sense. Gambling is included in morality in an infinite sense of sexual activity.Keyword: Gambling, decency, open to the public
UPAYA PENANGGULANGAN INVESTMENT FRAUD (Studi di Kepolisian Resor Banyumas dan Kepolisian Resor Cilacap) Raisha Aliana
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.59

Abstract

Currently, lively sound problem investment fraud (the first integrated investment fraud) that takes a lot of sacrifice. the community has not yet quite wisely in selecting investment products that are safe. Generally, they are only tempted by the lure of the high services offered without great risk probe.To know the efforts made the resort Police Banyumas and Cilacap Resort Police in tackling investment fraud (the first integrated investment fraud) and to analyze the verdict the number 99/Pid. B/2015/PN. PWT and verdict Number 374/Pid. Sus/2014/PN. Clp has provided a sense of fairness towards the victims. Methods of juridical sociological Approach used, Data sources: 1. Primary Data and 2. Secondary data, Qualitative data: methods of analysis.Effort Polres Banyumas and Cilacap in Polres countermeasures investment fraud (fraud of the first integrated investment) is to do 3 effort i.e. pre-emtif efforts, preventive and repressive. Ruling Number 99/Pid. B/2015/PN. PWT votes already provide a sense of fairness towards its victims, it is because it was a ruling by judge dijatuhinya is in compliance with Regulatory Legislation namely Article 378 jo Article 64 paragraph (1) of the CRIMINAL CODE. Keyword: investment fraud, countermeasures, police
TINJAUAN YURIDIS TERHADAP AKIBAT HUKUM DARI PEMUTUSAN PERJANJIAN SECARA SEPIHAK ( Studi Terhadap Putusan Pengadilan Negeri Jakarta Pusat Nomor 336/PDT.G/2009/PN.JKT.PST dan Putusan Mahkamah Agung Nomor 1284 K/Pdt/1998) Aisah Riani Putri
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.65

Abstract

This study examines the legal consequences of unilateral termination of the agreement. This study aims to determine the legal consequences of termination of the agreement unilaterally through two legal cases with the same problem but basing with different lawsuits. The "SARI" franchise case based the lawsuit on a breach of a suit, while Lee Kum Kee's case bases on a lawsuit against the law. This study uses normative approach method with type of research using case approach, the author tries to examine and examine the legal consequences of unilateral termination of the agreement and how the judges judge in both cases of law on the basis of different lawsuit.Keywords: legal consequences, unilateral termination of agreement, breach of contract, and unlawful acts.
PENGELOLAAN KEUANGAN DAN ASET DESA DALAM RANGKA MEWUJUDKAN KEMANDIRIAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Suwarso Suwarso
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.82

Abstract

Financial management dfan asset village embodies self-sufficiency based on law No. 6 of the year 2014. The method in this research, methods of juridical normative approach, type of juridical normative research, data sources that are used are the primary law and secondary law materials, and analysis in qualitative analysis.            Self-reliance is a process that the Government of the village to perform activities in order to meet the needs with the capabilities of its own. In order to meet the needs of mandiridapat bias village itself does not always depend on the Government, the village must have authority. The authority which granted the village ACT became the basis for the village to action. Financial and asset management of village based on law No. 6 Year 2014 may push embody independence village. Hope fore the laws not only able to push the manifest independence village, but was able to realize self-reliance village. Independence village should be understood that the village was not left alone without the help of the Government/local government or village could be felt themselves do not need government/local government. Whatever the term independence the village or the village existence definitely self-contained villages should remain within the framework of the unitary State of the Republic with its.Keywords: authority, encourage, independence
PUTUSAN HAKIM TENTANG BARANG BUKTI DALAM PERKARA NARKOTIKA (Studi Kasus di Pengadilan Negeri Cilacap) Catur Prasetyo
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.52

Abstract

Determination of the evidence in the case of narcotics , there are two provisions that govern it, the Criminal Procedure Code and Law No. 35 of 2009.  Implementation in practice often differs from one case to another case.  Judge in applying the legal provisions relating to evidence in the case of narcotics does not solely define seized for the state. Legal considerations used by judges in applying the rule of law which must be used constantly exposed to different aspects of legal certainty, fairness and expediency. Keywords : evidence, narcotics case, legal considerations
PERAMPASAN BARANG BUKTI NARKOTIKA (Studi Penerapan Pasal 101 ayat (1) Undang-Undang Nomor 35 tahun 2009 tentang Narkotika di Pengadilan Negeri Purbalingga) Bagus Trenggono
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.61

Abstract

Evidence of narcotics is forbidden and the goods that are harmful, deprivation of evidence of narcotics within the provisions of Article 101 paragraph (1) of Law No. 35 of 2009 on Narcotics is the thing that is right. Reason or rationale for the seizure of narcotics evidence to the State have legitimate reasons or technical reasons or practical. For legitimate reasons set forth in the provisions of Article 101 paragraph (1) of Law No. 35 of 2009 on Narcotics whereas technical or practical reasons provide facilities for research institutions and the pharmaceutical industry to obtain narcotics. Decisions of Judges Purbalingga stating evidence of narcotics seized for the State and for subsequently destroyed are not contrary to the provisions of Article 46 paragraph (2) Criminal Procedure Code as the legal aspects of the show in culling evidence of narcotics and as a legal ground in doing appropriation evidence of narcotics had in accordance with the provisions in Article 10 letter b of the Criminal Code and Article 39 paragraph (1) of the Criminal Code. Key words : Decisions of Judges, extermination, Narcotics, plunder
PENERAPAN PRINSIP RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN OLEH PELAKU ANAK (Studi di Wilayah Hukum Polres Banjarnegara dan Polres Purbalingga) septi pusporini
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.50

Abstract

This research aims to analyze the implementation of restorative justice  principle in accomplishing  the criminal act of sexual abuse that was conducted by children actors and to analyze the  obstacles  that  were  faced  in implementing  the restorative justice principle to accomplish the criminal act  of  sexual abuse  that was  conducted by children actors. Method in this research used the method of sociological juridical approach with type of sociological law research or  empirical which its research location in the law area of Polres Banjarnegara and Purbalingga. In this research, source of data involved primary data source and secondary data source which the collection method of its data was conducted by interview, observation, and  literature study and presented by using the  narrative  text form and then analyzed qualitatively.               The result of research  stated that Polres Banjarnegara and Purbalingga in the implementation of restorative justice principle in accomplishing   the  criminal act of sexual abuse  that was conducted  by  children actor it  was known as the  process of case  accomplishment  with  penal mediation way that was  the part of Alternative Dispute Resolution or ADR. The implementation of restorative justice principle through the mediation that conducted by Polres Banjarnegara and Purbalingga that was the process of peace, stopping the  investigation because  the achievement  of  agreement, gave the school cost  aid for the  victim in the rape case, didn’t jail the children actor,  conducted the  implementation of suspect, considered  the  certain  aspect  to mediate, married the  victim  with the  suspect (married  especially in the  sexual intercourse case, that was if the victim got pregnant), concerned for the compensation for victim, conducted the law process but kept the children  protection, case accomplishment by relative custom mediation.            Beside that, the obstacle that was experienced by Polres Banjarnegara  and Purbalingga in accomplishing the criminal act of sexual  abuse that was conducted by children actor related with the law formulation or substance, institution problem and its structure, and cultural problem that lived and  developed in the  society. It was related with the knowledge that owned by the law officers and society knowledge about the implementation of restorative justice principle. These obstacle were such as  the number of female police  still very minimum, understanding of gender that was not appropriate enough, lacked of understanding of  law  and its regulation about the sexual abuse  that  was conducted by children actor, understanding of  restorative  justice principle was  not deep enough,  many  of  regulation about  the children  still  ambiguity with other  rule, there was  not  norm  which  guaranteed the similar in act,  implementation of restorative justice  was  considered did not make the suspect aware its act and  it was possible for them to do again, and it had  not  all the case  could be accomplished with the restorative justice  because there was the  perception that wrong man had to be punished. Key words: restorative justice, criminal act of sexual abuse, children actors
PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM TERHADAP PELAKU KEKERASAN DALAM RUMAH TANGGA YANG MENYEBABKAN KEMATIAN (Studi Kasus Terhadap Putusan Perkara Nomor 16/ PID.B/2011/PN.BLK) Ida Zulfamazidah
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.60

Abstract

The application of criminal removal is a very important matter in the judgment. When consideration of improper judgment errors will obscure the essence of judicial and criminal law purposes. The purpose of this research is to analyze the application of criminal removal reasons based on Article 44 of the Criminal Code on judges' consideration in breaking free from all lawsuits against perpetrators of domestic violence that led to the death of Decision No. 16 / PID.B / 2011 / PN.BLK and also analyzing the suitability Consideration of the judge on the decision of the case with the purpose of criminal law.This research was conducted normatively and obtained the result that the Panel of Judges in breaking out of all lawsuits against perpetrators of domestic violence that led to death in the case Number 16 / PID.B / 2011 / PN.BLK using expert information that is psychiatrist as the only The basis for determining criminal responsibility or known by biological methods. Decision Number 16 / PID.B / 2011 / PN.BLK has been in accordance with the purpose of criminal law, one of which is achieved legal certainty, especially for the perpetrator. Key words : Decision, Out of all lawsuits, Article 44 of the Criminal Code.
EFEKTIVITAS PERATURAN BUPATI BREBES NOMOR 026 TAHUN 2015 TENTANG PEMBERDAYAAN MASYARAKAT DALAM PENURUNAN ANGKA KEMATIAN IBU DAN ANGKA KEMATIAN BAYI MELALUI MAKLUMAT DUKUN BAYI Dwihatna Mustikarini Nugroho
Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum
Publisher : MIH Unsoed

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2017.3.2.63

Abstract

This study aims to know and analyze the effectiveness of the regulation of the Regent of Brebes No. 026 the year 2015 and to know and analyze the factors that impede the implementation of the regulations of the Regent of Brebes No. 026 the year 2015.This research includes juridical sociological research categories. The data obtained are presented in narrative form. Based on the research results and discussion conclusion to be drawn as follows: first, Bupati of Brebes Regulations. No. 026 the year 2015 About community empowerment In Decreasing maternal mortality and infant mortality Through Baby Shaman Information seen from the theory of goal attainment, integration, adaptation is already effective in lowering maternal mortality in Brebes Regency. Second, barriers to the implementation of the regulations of the Regent of Brebes No. 026 the year 2015 About community empowerment In Decreasing maternal mortality and infant mortality Through Baby Shaman Information i.e. factor law because Regulation at the village level.  Keywords: Effectiveness, Community Empowerment, Maternal and Child Mortality Rate

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