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Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Published by Universitas Swadaya Gunung Jati
ISSN : 20891911     EISSN : 27234525     DOI : https://doi.org/10.33603/responsif.v16i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also a humanities science that is universal as a result of reflection in all conditions of understanding. The scope of articles published in this journal covers a wide range of topics, including: Criminal law; Civil law; Constitutional law; State administrative law; International law; Development society law; Islamic law; Business law; Procedural law; and Human rights.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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Search results for , issue "Vol 15 No 2 (2024)" : 24 Documents clear
JURIDICAL REVIEW OF THE PROVISIONS OF THE TIME LIMIT FOR INVESTIGATION OF GENERAL CRIMES AGAINST THE PROTECTION OF THE RIGHTS OF SUSPECTS Sahlan, Alan; Dimyati, Agus; Suwondo, Sutiyono
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9572

Abstract

The phenomenon of criminal law enforcement today is increasingly losing direction and is even considered to have reached its lowest point, the justice-seeking community complains about the criminal investigation process (general) which is convoluted, protracted and there is even no end to the solution, this situation clearly does not provide legal certainty, justice and benefits in law enforcement, moreover there will be violations of the rights of suspects, one of the causes of this situation is the absence of The provisions of the investigation time limit (norm vacuum), which gives the investigator the opportunity to abuse his authority. Therefore, the purpose of this study is to find out the provisions of the time limit for the investigation of general crimes related to the protection of the human rights of suspects in the Criminal Procedure Code (KUHAP) and to analyze the setting of the time limit for the investigation of general crimes in the criminal procedure law that will be dated. The research method used in this study is using the type of normative legal research with the approach used in this study being the statute approach and the conceptual approach, with the research specification being descriptive analytical, while the legal material collection technique used in this study is by using document studies. namely documents obtained from the Jatanrasa Unit of the Sumber Police. Based on the results of the study, it shows that there is no provision that regulates the time limit for the investigation of the suspect from the beginning of the investigation to the transfer of the trial case, so that the status of the suspect depends on the investigation process. The absence of a time limit in the investigation of suspects causes legal uncertainty guaranteed by Articles 28D and 281 paragraph (2) of the 1945 Constitution, therefore in the Draft Criminal Code there is a regulation of the time limit for investigation as stipulated in article 48 of the RUUKUHAP. Paragraph (1) and Paragraph (3)
LAW ENFORCEMENT AGAINST THE MISUSE OF SOCIAL ASSISTANCE FUNDS FOR MSMES IN CIREBON REGENCY IN 2020 (CASE STUDY OF WARUKAWUNG AND WANGUNHARJA VILLAGES) Fauzi, Agam; Junaedi; Mawar Kartina, Ratu
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9573

Abstract

The right to receive social assistance is an important right and can help the basic needs of the community. The significance of the importance that every citizen has the right to decent work and livelihood. Social assistance is assistance provided to people who experience social risks. The assistance provided can be in the form of goods or cash. Social assistance is assistance in the form of goods, money or services to individuals, families, groups or communities that are less fortunate. With Law number 14 of 2019 is an amendment to Law number 11 of 2009 concerning social welfare. The formulation of the problem raised by the author is about how the law enforcement process related to the misuse of social assistance funds and how to be responsible for the misuse of social assistance funds The author's research method uses normative juridical methods, types of qualitative research, and research specifications using descriptive analysis. The data used are primary and secondary data obtained through laws and regulations and interviews with agencies related to this research, namely the Cirebon Police and the Cirebon Regency Social Service. The conclusion of the author's research is to find out the law enforcement process related to the misuse of social assistance funds along with accountability efforts for the misuse of social assistance funds
APPLICATION OF RESTITUTION CRIME IN CASES OF MOLESTATION OF MINORS Adnandito; Artadi, Ibnu; Ismayana
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9574

Abstract

The provision of restitution rights as a form of compensation to children victims of criminal acts of molestation is becoming an interesting issue related to child protection because sexual violence is a type of violence with a high number every year. In this study, the author made 2 (two) problem formulations, namely: how to apply the criminal restitution in the crime of child molestation and what are the obstacles to the implementation of the provision of restitution. This study took a verdict in 2021 regarding cases of sexual abuse that positioned children as victims. The legal research method used is normative juridical which is qualitative to obtain descriptive results. The following are the results of the research that the author has found: The provision of restitution to children victims of criminal acts of abuse is the right of children of victims of criminal acts based on Article 7A of Law Number 13 of 2006, Article 71D of Law Number 35 of 2014 and Article 3 of Government Regulation Number 43 of 2017. An application for restitution can be submitted at the time before the judgment or after the judgment has obtained permanent legal force. So that the provision of restitution to the victim's child is not fundamental. Furthermore, the author found that there was a provision of restitution in the verdict so that the defendant was burdened with the obligation to pay restitution in the amount of Rp.331,527,186.00 (three hundred and thirty-one million five hundred and twenty-seven thousand one hundred and eighty-six rupiah) to the victim's children who had applied for restitution as many as 12 restitution applications. The Panel of Judges upholds procedural principles and does not look at the aspect of child protection.
THE APPLICATION OF THE PRINCIPLE OF EQUALITY BEFORE THE LAW IS REVIEWED FROM THE IMPLEMENTATION OF CROWD PUNISHMENT DURING THE COVID-19 PANDEMIC (CASE STUDY OF DECISION NUMBER 221/PID. SUS/2021/PN. JKT. TEAM) Bustomy, Bustomy; Aman, Chairul; Jamilah, Jamilah
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9849

Abstract

The Covid-19 pandemic has had a significant impact on various aspects of life, including law enforcement in Indonesia. One of the problems that emerged was the application of the legal principle of equality before the law. This study aims to analyze the application of the principle of equality before the law during the Covid-19 pandemic still has weaknesses reviewed from Law Number 6 of 2018 concerning Health Quarantine, by taking a Case Study of Decision Number 221/Pid.Sus/2021/PN. Jkt. Team involving Habib Rizieq Shihab. The research method used is a qualitative approach with the type of case study research. Data were collected through document studies, interviews, and participatory observations. The analysis was carried out using content analysis techniques to identify problems with the effectiveness of law enforcement in cases of crowd crimes during the pandemic. The results of the study show that there is legal uncertainty in the enforcement of crimes against crowd violations during the pandemic. This uncertainty is caused by inconsistencies in the application of the law, lack of transparency in the law enforcement process, and differences in legal interpretation at various levels of court. The case of Habib Rizieq Shihab revealed that there was different treatment in law enforcement, which caused a perception of injustice in society. This study suggests several steps to apply the principle of equality before the law for violators of criminal sanctions. First, consistent and indiscriminate law enforcement is needed to maintain public trust in the legal system. Second, transparency in the law enforcement process must be improved, including the delivery of clear information regarding detention procedures and sanctions given. Third, the government and related institutions need to increase public awareness of the importance of complying with health protocols through effective education campaigns. Fourth, evaluation and revision of policies related to the handling of crowd crimes must be carried out periodically to adjust to the current situation and conditions and accommodate inputs from various parties, which is expected to increase the accuracy in criminalizing crowds during the Covid-19 pandemic, so as to create justice and legal certainty.

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