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Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079
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Journal Philosophy of Law
Published by Universitas 17 Agustus 1945 Semarang
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1, No 1 (2020)" : 5 Documents clear
THE ROLE OF BHAYANGKARA AS THE TRUSTEE OF COMMUNITY SECURITY AND ORDER IN SETTLEMENT OF CRIMINAL ACTS OF DOMESTIC VIOLENCE THROUGH PENAL MEDIATION Denis Restyana
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.823 KB) | DOI: 10.35973/jpl.v1i1.2287

Abstract

Bhabinkamtibmas has the function of carrying out consultation, mediation, negotiation, facilitation, motivation to the community in Harkamtibmas, and solving crime and social problems. With the task as intended, this study will try to examine and analyze how the role of Bhabinkamtibmas in criminal acts of domestic violence (KDRT) through penal mediation at the Weleri Police, Kendal Resort Police and how the obstacles faced in resolving criminal acts of domestic violence (KDRT) through penal mediation by Bhabinkamtibmas at the Weleri Police, Kendal Resort Police. This study uses a sociological juridical approach, which means that this research is examined by looking at the findings of facts in the field, which are used as the basis of the author as data obtained from the field (non-doctrinal) with the existing reality. Based on the results of the study, data obtained that (1) the role of Bhabinkamtibmas in resolving criminal acts of domestic violence (KDRT) through Penal Mediation at the Weleri Police, Kendal Police, aims to obtain more effective and efficient results in controlling crime by maximizing the role of law enforcement officers, in this case, the police in resolving cases through penal mediation. First, the police as a facilitator for both parties. Second, the police also often play a role as mediators in penal mediation and build joint participation between perpetrators, victims, and the community in resolving an event or crime. The problems faced can be appropriately resolved by ensuring a sense of justice, especially for victims. (2) The obstacles faced in settlement of criminal acts of domestic violence (KDRT) through penal mediation by Bhabinkamtibmas at the Weleri Police, Kendal Police are: (1) Not familiar with the settlement process through mediation; (2) The existence of a third party who interferes in solving a problem; (3) The legal basis is not yet strong in resolving through mediation; (4) The Criminal Justice System spearheads the investigation process; (5) The parties do not comply with the mediation decision; (6) Public distrust of law enforcement officers (Bhabinkamtibmas) becomes a mediator.
STRENGTHENING DIVERSION REGULATIONS AGAINST CHILDREN DRUG ABUSE Indra Retnowati
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (351.408 KB) | DOI: 10.35973/jpl.v1i1.1802

Abstract

Children are the nation's next-generation who must be protected from all forms of violence, discrimination and deprivation of liberty. The purpose of writing this article is to find out and analyze legal regulations in Indonesia, which seek to provide legal protection for children who abuse narcotics and how the sanctions can be imposed. The writing of this article uses the empirical normative juridical research method, which is a study that seeks to analyze a qualitative descriptive of events that are happening in the community, especially regarding the protection of children in conflict with the law. The results showed that children who dealt with narcotics abuse did not get diversion, such as the case in Court Decision Number 19/Pid.Sus-Anak/2019/PN.Smg, in which a fifteen-year-old child who uses Narcotics Category I is carrying one bag of a small plastic clip in the form of Methamphetamine and the urine turns out to be positive containing Methamphetamine is threatened with Article 114 paragraph (1) Juncto Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics with the threat of 5 (five) years imprisonment, this is contrary to the purpose of diversion as in Article 6 letter b of Law Number 11 of 2016 concerning the Criminal Justice System for Children which states, diversion aims to prevent children from being deprived of freedom. Children have the right to get their rights without asking for it. Based on Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, the child is sentenced to two years and work training for three months. Children should not be penalized and get Diversion.
THE AUTHORITY OF THE INDONESIAN NATIONAL POLICE IN HANDLING CRIMES OF FIDUCIARY SECURITY CONTROLLED BY THIRD PARTIES herawati kusumaningsih
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (342.794 KB) | DOI: 10.35973/jpl.v1i1.2220

Abstract

This article aims to discuss the authority of the Indonesian National Police in overcoming crimes of fiduciary security controlled by third parties as well as obstacles related to the authority of the Indonesian National Police in overcoming crimes of fiduciary security controlled by third parties. The writing of this article uses a normative juridical approach, which is based on primary and secondary data. Methods of data analysis using qualitative analysis. The research shows that the Authority of the Indonesian National Police in Handling Crimes of Fiduciary Acts controlled by third parties has the authority to maintain public security and order, law enforcement, protection, protection, and community services. They also play a role in providing security assistance implementation of court decisions or execution of fiduciary security. However, in practice, there are obstacles encountered. The obstacles include internal and external constraints also efforts to overcome the authority of the Indonesian National Police in overcoming fiduciary crimes: a. There is still a lack of facilities and infrastructure, as well as an operational budget. b. There are no criminal sanctions against third parties or other parties who control the object of the fiduciary security. c. If a creditor carries out the title of executorial or droit de suit, the debtor often does not fulfill it following Article 30 of Law Number 42 of 1999. Thus the execution process is often cancelled due to rejection from the debtor or mobilizing family or masses. d. Creditors feel aggrieved by incomplete fiduciary collateral as before.
PROSTITUTION IN THE STUDY OF PHILOSOPHY, ETHICS, AND LAW IN INDONESIA krismono irwanto; Richard Kennedy Kennedy
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (344.612 KB) | DOI: 10.35973/jpl.v1i1.1442

Abstract

Prostitution is a crime that has been known since the beginning of human existence. Many laws have been created in such a way to control, reduce and even abolish this crime. However, because prostitution is a crime related to basic human instincts that come out of the value system, no law has been able to stop it from century to century. This prostitution even is incarnated in various new modes and forms. The problem then is why the law seems powerless in controlling, reducing, and even eliminating this crime. A logical explanation is needed to answer this question than just guessing the correlation between basic human instincts and the decline of moral values. The values that have been built since the law was formed are, in fact, unable to teach humans to live in that order. Studying law in an ontological and epistemological context is expected to find the form of its failure to control this crime. This study also examines and tries to see how values can be applied in human life and improve their quality. This study is expected to find concrete answers on how the law should be able to organize its rules so that it has sufficient coercive power to control any modes and forms that arise in the context of this prostitution. The approach used in reviewing the law is also expected to answer any difficulties that hinder its enforcement. Thus, the law becomes powerless to deal with such complex prostitution problems.
THE ROLE OF DITRESKRIMUM OF THE CENTRAL JAVA REGIONAL POLICE IN TACKLING HOARDING OF MASKS DURING THE COVID-19 PANDEMIC rizeth rizeth
Journal Philosophy of Law Vol 1, No 1 (2020)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (315.548 KB) | DOI: 10.35973/jpl.v1i1.2233

Abstract

The public’s obligation to wear masks during the Covid-19 pandemic has caused the demand for masks in the market to increase. Some people use this to seek economic benefits by hoarding masks and reselling them at high prices, causing people to experience difficulties and panic in getting masks to protect themselves from exposure to the coronavirus. In this study, problems were formulated about how the roles and obstacles faced by Ditreskrimum at the Central Java Regional police were developed in overcoming the hoarding of masks during the Covid-19 pandemic. The approach method used is empirical juridical. The research specification is descriptive-analytical. The data used are secondary data and primary data as a complement, obtained from literature studies and interviews, then analyzed qualitatively. The theoretical foundations used are role theory, countermeasures theory, discretionary concept, hoarding theory, public welfare theory, and the Ditreskrimum role. The study results are that the Ditreskrimum acts as a law enforcement institution above the community and can create a conducive security and social order situation during the Covid-19 pandemic. There is no legal basis for investigators to ensnare hoarders who claim that masks are necessities or essential items that should not be stockpiled during the Covid-19 pandemic as a recommendation is that the government make new regulations in the form of laws, Presidential Regulations, and related Ministerial Regulations which contain the determination of the status of specific goods that are considered essential and needed by many people during an emergency to become necessities or essential goods to strengthen the law that previously existed so that the perpetrators of hoarding can be charged with criminal provisions.

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