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Kajian Hasil Penelitian Hukum
Published by Universitas Janabadra
ISSN : -     EISSN : 25982435     DOI : 10.37159
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1, No 2 (2017): November" : 5 Documents clear
PENJATUHAN PIDANA DI BAWAH MINIMAL KHUSUS TERHADAP PELAKU TINDAK PIDANA ASUSILA DENGAN ANAK SEBAGAI KORBAN DI PENGADILAN NEGERI PURWOREJO Sri Ari Astuti; Eko Nurharyanto
Kajian Hasil Penelitian Hukum Vol 1, No 2 (2017): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.962 KB) | DOI: 10.37159/jmih.v1i2.543

Abstract

This thesis discusses the issue criminal sentencing by a judge below the special minimum threshold under the Protective of Child Law in connection with the nulla poena sine lege principle. Based on the results of the research and discussion known that  The decision of a judge in the Purworejo District Court who impose a criminal under-special imprisonment on the perpetrator of an immoral crime with a child as a victim is not appropriate if it is linked to the principle of legality in which it contains the element of legal certainty and expressly states that any criminal sanction shall be regulated in the law. While the basis of judges' consideration in imposing criminal under special minimum penalty is for the realization of justice for the defendant and for society.  The imposition of a crime under a special minimum against a criminal offender against a child as a victim in the Purworejo District Court is based on the facts revealed in the trial and on the basis of justice principles. The factors that cause the judge to impose a criminal under special minimum penalty on the offender of immoral crime with the child as a victim are internal factors and external factors. These internal factors may include: the professional qualities of judges, judge intuitions and strong moral personality. The external factor is the guarantee of judicial freedom and independence of judges.
IMPLEMENTATION OF POLICE INCREASE POLICY ON NARCOTIC USERS THROUGH REHABILITATION IN POLICE RESORT OF YOGYAKARTA CITY Masnoto Masnoto; Eko Nurharyanto
Kajian Hasil Penelitian Hukum Vol 1, No 2 (2017): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (452.498 KB) | DOI: 10.37159/jmih.v1i2.535

Abstract

The invistigating officer Police Resort Of Yogyakarta City for dertemine penal polcy addicts narcotics of theft committed by narcotics on Law Number 35 Year 2009 articel 54 that is addicts narcotics and victims abuse narcotics obligatory medical rehabilitation and social rehabilitation, and implementation rehbilitation medical rehbilitation and social rehabilitation, to regulation with governance regulation by implemetation obligatory must be reported addict narcotic and victim abouse narcotics number 25 years 2011, TR Kabareskrim Polri no. 865 Year 2015 on the guidance of the formation of Integrated Assessment Team, Joint Regulation no. 1 of 2014 on Rehabilitation. Factors in determining a person may or may not be rehabilitated, Police Resort of Yogyakarta city implements two factors: first one is rehabilitation has fulfilled the legal process set forth in KUHAP. Both suspects are entitled to rehabilitation when a suspect has met the requirements of the terms of rehabilitation. Effectiveness in the implementation of rehabilitation can not suppress the awareness of narcotics, because as long as this policy is done since 2015, the increase of misuse in 2016 increased 3 fold, it can be seen from 20 suspects who get the rehabilitation policy of Police Investigator Yogyakarta.Keywords: Legal policy, abuse of narcotics, rehabilitation
PENYELESAIAN TINDAK PIDANA MILITER DESERSI IN ABSENSIA DI LINGKUNGAN PERADILAN MILITER (Studi Kasus Di Wilayah Hukum Pengadilan Militer II-11 Yogyakarta) Dewi Kusumaningtyas; Muhammad Hatta; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 1, No 2 (2017): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (567.661 KB) | DOI: 10.37159/jmih.v1i2.544

Abstract

The Development of information technology influences social changes that are significant and take place so fast. Currently information technology in addition to contributing to the advancement of human civilization is also at once a means that can lead to unlawful acts. Currently information technology in addition to contributing to the advancement of human civilization is also at once a means that can lead to unlawful acts. Under these conditions vulnerable violations of defamation and defamatioan through social media, as people often misuse their freedom of expression. This research is conducted by using the normative juridical approach is the approach done based on the main legal material by studying the theories, concepts, legal principles and legislation related to this research. This approach is also known as the literature approach, by studying books, legislation and other documents relating to this research.The regulation on defation trough social media in act number 19 of 2016 concerning amendment to law number 11 year 2008 concerning information and electronic transactions is contained in article 27 paragraph  and article 45 paragraph  and paragraph . In article paragraph regulaties the prohibited act which is categorized in the offense of defamation or defamation while in article 45 regulates the criminal provisions. Law number 19 year 2016 on amandement to law number 11 year 2008 on information and electronic transactions does not stipulate restriction on opinion trough social media that may cteate muliple interpretations. Judging from the type of punishment is possible for the existence of alternative types of criminal other than imprisonment, namely social work crime and criminal supervision. Both types of crime are considered more effective and provide prospects of coaching so that the purpose of criminal punishment in the form of community protection and protection of onvicts can be achieved.Keywords : Yuridical Review, criminal defamation, social media 
PENERAPAN SANKSI PIDANA TERHADAP PELAKU PROSTITUSI ONLINE DI YOGYAKARTA Miftah Raharjo; Lilik Mulyadi
Kajian Hasil Penelitian Hukum Vol 1, No 2 (2017): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (421.546 KB) | DOI: 10.37159/jmih.v1i2.542

Abstract

The purpose of this research is to know the factors influencing judges consideration in dropping criminal verdict against the perpetrator of online prostitution and to know and explain about judge decision, have been fair in giving sanction of prostitution crime online in Yogyakarta. The research was conducted in Yogyakarta Special Region with the location of Yogyakarta District Court, the type of research is Normative Juridical Law Research, which is Type of Research which focused to study the application of norm or rule in positive law. Normative research can be interpreted as research conducted by examining library materials or secondary data consisting of primary materials, secondary legal materials, and tertiary legal materials. 1 The materials are arranged systematically, reviewed and then drawn conclusions in relation to the problem under study. The nature of the research is an analytical descriptive research that is a study that describes the situation, the actual facts against the object and the subject studied appropriately. The data have been collected from the research, both literature research and field research, then analyzed descriptively qualitative, that is a method of data analysis by grouping and selecting data obtained from research according to quality and correctness.2 The results of this study indicate that the judge's consideration in imposing criminal sanction on the perpetrators of online crime of prostitution is that the judges have done their best to consider juridically consisting of the indictment of the public prosecutor, the defendant's statements, witness statements, evidence, and articles of criminal law and the judge also consider non juridically consisting of the background and motivation of the defendant's conduct, then the judge takes into account and considers both the report of the investigator and the legal facts revealed in the hearing and the various laws governing the ITE legislation, the trafficking of persons and pornography.
KAJIAN YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA PEMALSUAN ASAL USUL PERKAWINAN Merina Kusumawati; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 1, No 2 (2017): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (450.964 KB) | DOI: 10.37159/jmih.v1i2.539

Abstract

The Government has explicitly regulated marital matters in the provisions of laws and regulations, namely Law Number 1 Year 1974 on Marriage. Violations of the criminal provisions governing the prohibition of falsifying the marriage principle are quite prevalent. The increase in the number of complaints, indicating the increasing awareness of the women victims to report the case, while the number of violations is estimated to be many, but because of the incomprehension of the victims and the reluctance to deal with the law resulted in the reports being found not too large. Criminal liability concerning criminal act of counterfeiting of marriage origin is imposed on the perpetrator based on no criminal principle without error.Keywords : Criminal liability, Forgery, Marriage

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