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Kajian Hasil Penelitian Hukum

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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 8 Documents

Search results for , issue "Vol 2, No 2 (2018): November" : 8 Documents clear

IMPLEMENTASI KEBIJAKAN PEMERINTAH TERHADAP LARANGAN PENGGUNAAN JARING TRAWL BERDASARKAN PERATURAN PERUNDANG-UNDANGAN PEMERINTAH TIMOR-LESTE NOMOR 6 TAHUN 2004 Salomão de Araujo Guereiro; Francisca Romana Harjiyatni; Sunarya Raharja
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

The aim of this research are to find out how to implementation of government politicies for management of marine environment. Related activities of fishermen to use the type of trawling nets: and also to know the effectiveness of supervision on the damage of marine environment due to taking of the fish use of trawling nets by fishermen: This research are using by the normative met head and this research also has supported by empirical, that obtained in the field.Resource person in this research are: Head of Conservation Lino de Jesus Martins, Head of IGPRP Lucas Fernandes, Head of Director National Board Orlando H Kalis, Head of investigation section of fisheries board Tomas G. R. de Sousa, Head of Biqueli village Daniel Martins and Head of Community shop Filipe Pereira while respondent in this research are 50 people fishermen in Biqueli village. So the result of this research that quantitative analysed based on the quality in a system form and draw the conclusion that in accordance with existing legal issues. The results of this research just show that all this time of the fishermen often use the trawl nets before the socialization of the ministry of fisheries against many fishermen use the trawl nets in the their daily livelihood. After the government socialization there were fishermen with a number of presentation rose to 60 percent, who understand the rules for implementing government policies related arrest fish with use the trawl nets, while 4 percent fishermen have not obtained information sauces details about ban on the implementation of government policies against the use existing of trawl nets, so threat the observation research in the field show the many fishermen currently no longer operate in the activities to catch the fish with trawl nets, because the government has anticipated with preventive steps through information sharing in the form of socialization, training, counselling and posting posters about the ban on fishing in the area of management marine environment

IMPLEMENTASI UNDANG-UNDANG OTONOMI KHUSUS DI PROVINSI PAPUA DALAM MEWUJUDKAN KESEJAHTERAAN MASYARAKAT PAPUA Rosdiana Baso Rante; Ishviati Joenaini Koenti; Endang Sulistyaningsing
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

The province of Papua, which is geographically located on the eastern Indonesia, is the largest province with abundant natural resources. But in reality various policies in centralized governance and development have not fully fulfilled the sense of justice, have not fully enabled the achievement of people welfare, have not fully supported the realization of law enforcement, and have not fully demonstrated respect for human rights in Papua Province, especially the Papuan people. These conditions caused disparities in almost all sectors of life, especially in education, health, economics, culture and social politics, so the Government tried to overcome these problems by providing policies with Special Autonomy in Papua Province. In 2001 the Government legalized the Law No. 21 of 2001, On Special Autonomy for the Papua Province in order to ensure equal distribution of public welfare.Purpose of this study is to find out the implementation of the special autonomy law in the Papua Province in realizing the welfare of the Papuan people. Also to know the obstacle factors faced in the implementation of the special autonomy law in Papua Province. And to find out what solutions are carried out by the Regional Government of the Province of Papua to overcome the problems in the implementation of the special autonomy law.The methods that used in this study are by determine the subject and object of the study, the characteristic of the study, types and sources of data, data collection techniques, and data analysis methods.The results of this study are based on conclusions, namely: 1The implementation of the special autonomy law in the Papua Province has been carried out in accordance with the direction of the Central Government. However, in realizing social welfare for the Papuan people, they still need the struggle and hard work of all elements of people and the local Government in Papua Province; 2 Obstacle factors that came up due to inconsistencies of the Central Government and the Papua Local Government have not been able to apply Special Autonomy maximally; and 3 what the Central Government has to do is to seriously implement this law consistently, avoiding policies that can result in collision of interpretation with the Special Autonomy law. So that the suggestions are 1the Central Government is expected to not carry out policies that collide with special Autonomy laws; 2 The Local Government needs to do two things, namely the realignment of the regional government management system, and the improvement of managerial capacity for regional government officials; and 3 There needs to be a separation between the special autonomy law of Papua Province and West Papua Province.

PERANAN PENGACARA DALAM PROSES PERSIDANGAN PADA KASUS ANAK SEBAGAI PELAKU TINDAK PIDANA DI PENGADILAN Raden Gatot Kurniawan; Yanto Yanto; Tasmilan Tasmilan
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

The study aims to examine and analyze the role of attorney on judicial process in the case of child criminals in Bantul Appellate Court. The obstacles faced by the lawyers in convincing the judges deal with the fact that children should be protected from punishment that leads to injustice and the way to overcome the obstacles is that the judges are supposed to make a fair decision on the issue. It is Juridical Empirical research. The specification employed in this research is analytical description. This research uses primary and secondary data. The data collection is completed by conducting document analysis and interview through qualitative research. Based on the result of the research, it is concluded that the process of court against child criminals according to Laws No. 11 year 2012 about juvenile court system in Bantul Appellate Court starts from the court’s receiving and analyzing the case. The prosecutor then attends the prosecution in accordance with his conviction, then the lawyer provides convincing defense before the judge that the children considered the future generations should be protected to the maximum extent and make the imprisonment be the last alternative for the them, and the lawyer attempts to convince the judge to make decision on returning the children to their parents guardians.Keywords: Lawyer, Child Criminals Justice System, Bantul Appellate Court

IMPLIKASI DUALISME KEWENANGAN PENYIDIKAN TINDAK PIDANA KORUPSI ANTARA KEPOLISIAN, KEJAKSAAN DAN KPK Dwi Oktafia Ariyanti
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

National legal system is not only consisted of law rules or norms, but also includes the whole apparatus of institutions and organizations, mechanisms and legal procedures, philosophy and culture of law including law behavior of the government and society.In efforts to against corruption, have to be realized that it was done within the framework of national legal systems, structured and organized. There are three institutions which have the authority to investigate corruption cases, namely police, prosecutors, and the Corruption Eradication Commission. The authority of each institution has been managed in its own law products, so it will no longer overlap in executing the corruption investigations.This research was conducted using normative juridical approach, this study has a descriptive form. The data used is secondary data because it focuses on the study of literature, data collections were taken by reviewing the literature and study cases. Results of this study concluded that the realization of harmony between police, prosecutors and the Corruption Eradication Commission (KPK) in investigating the corruption cases must coordinate to each institutions of corruption investigation comity. Beside coordination, agreements are also important to avoid negative rivalry amongst these institutions. If this important thing is not immediately resolved, agenda of corruption eradication will not be done well.

PERAN DENSUS 88 ANTI TEROR POLRI DALAM DERADIKALISASI NARAPIDANA TERORISME DAN MANTAN NARAPIDANA TERORISME DI WILAYAH HUKUM JAWA TENGAH SEBAGAI UPAYA PENEGAKAN HUKUM Mahfud Suwono Jati; Ishviati Joenaini Koenti; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

Terrorism is considered extraordinary crime, therefore, Indonesian government issued Law No. 15 of 2003 and Law No. 9 of 2013 and formed Detachment 88 Anti-Terror Unit. Terrorism is driven on the basis of ideology so that Densus 88 AT employs de-radicalization in handling the terrorists and former terrorists. De radicalization aims to change radical ideology. Most of the terrorists and former terrorists who have been deradicalized do not change their radical ideologies easily. The former terrorists instead commit to terrorism over and over again by recruiting new members found in correctional institutions. This is juridical empirical research based on social issues. The research specification is analytical descriptive research. The primary data was taken from an interview with de-radicalization officers in the police headquarters. Meanwhile, the secondary data was taken from literature study. The data collection was conducted by applying field research, literature, and interviews. The data analysis employs qualitative descriptive method.The study results the following conclusions: The role of Densus 88 AT in de radicalization of terrorists and former terrorists in Central Java used identification, re-socialization, reeducation and monitoring; The obstacles encountered by Densus 88 AT were that there was no law regulating the de-radicalization so that the terrorists and former terrorists were not obliged to follow the de-radicalization, the number of the de-radicalization officers was not balanced with that of the terrorists and former terrorists and not all of the officers joined the de-radicalization training, the correctional institution for the terrorists was not separated from that for the famous criminals, accordingly they potentially taught radical doctrines to the famous criminals, the views and attitudes of the society despising the former terrorists’ relatives make them rejoin terrorist networks.

PERAN PERPOLISIAN MASYARAKAT DALAM MENANGANI MASALAH KEKERASAN DALAM RUMAH TANGGA GUNA TERWUJUDNYA PERLINDUNGAN HUKUM Yustinus Bowo Dwinugroho; Lilik Mulyadi; Suryawan Raharja
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

Indonesian National Police is an executive agency engaged in the forefront in handling legal cases in accordance with the Act. Domestic violence domestic violence once considered a myth and personal matter now the facts and realities of domestic life and into the public domain. Most victims of domestic violence are women and the perpetrator is the husband. Perpetrators or victims of domestic violence are people who are related by blood, marriage, dairy, care, guardianship with her husband and children and even a housekeeper. Ironically domestic violence cases are often covered up by the victim due to the structure adrift cultural, religious and legal systems that are not ye tunderstood.The focus of research in the preparation of the article is limited to the basic tasks and the implementation of community policing in the area of Yogyakarta police-related duties and functions as well as systems and methods of community policing duties. The type of research is qualitative descriptive informants were 9 people. Data collection included interviews, observation and documentation. technical analysis of data is performed through three phases namely data collection, data identification, data interpretation and conclusion. The research concludes that community policing in moving the community to play an active role in creating an environment that is safe, peaceful and serene as well as play an active role in preventing acts of domestic violence through an sociological approach that targets individuals, families, neighborhoods, villages wards, educational Institutions and organizations community. Policing in partnership with the community and make the community as a subject to maintain security and prevent acts of domestic violence is very effective. Open space for dialogue for all family members to solve problems without violence so that they can build a collective consciousness of every community member to create a harmonious family environment is based on an attitude of love and affection.

PERTANGGUNGJAWABAN ORANGTUA KANDUNG DALAM KASUS KECELAKAAN LALU LINTAS YANG DIALAMI OLEH ANAK SEBAGAI TERSANGKA DI WILAYAH HUKUM POLRES SLEMAN Rachmad Wijayanto; Francisca Romana Harjiyatni; Hartanti Hartanti
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

This study aims to analyze the implementation of criminal liability by parents as a result of traffic accidents experienced by children in the area of Polres Sleman and criminal alternative in order to be legal protection for children and fulfillment of human rights of children, because in principle the accident that befell children general there is certainly a parent's share is not wise in making decisions.The approach used by the author is the normative juridical approach. Normative research is a legal research conducted by examining library materials or secondary. The research conducted by the writer is to analyze how the criminal responsibility done by the parent as a result of the traffic accidents case experienced by the child in Sleman Police area and criminal alternative in order to be able to legal protection for children and the fulfillment of the human rights of the child.The criminal liability of the parent in case of traffic accidents experienced by the Child in the Sleman Police territory in the application can not be done, because based on the elements of criminal offense in the liability process must be done by the person doing the act intentionally or negligence, positively applicable in Indonesia under Article 77 of the Indonesian Criminal Code states that "The authority to prosecute the crime shall be abolished if the defendant dies." Based on this matter it shows that a criminal act will disappear by itself when the person committing the crime has died, meaning that criminal liability is a part of personal responsibility, other than that alternative criminal responsibility if parents can not do it, then based on the existing positive law alternative criminal responsibility is not implemented, this is because the offender in this case has died, because it has been denied his criminal responsibility cannot be imposed, because the proceedings of the case under Article 77 of the Criminal Code of prosecution are deleted by law. The problem that arises is the existence of compensation or compensation so this process is not from the accountability process criminal, but more moral reason as human beings to be responsible. Keywords: Criminal Accountability, Parents, Traffic Accidents

IMPLEMENTASI CUTI BERSYARAT SEBAGAI WUJUD PEMBINAAN BAGI NARAPIDANADI RUMAH TAHANAN NEGARA KELAS IIA YOGYAKARTA A. Vinda Paramitasari; Ishviati Joenaini Koenti; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

The imprisonment system initially emphasizes elements of revenge and enmity. But now the system of imprisonment is seen no longer in line with the concept of rehabilitation and social reintegration that aims to make inmates acceptable again by the community and no longer repeat the mistakes he made. One of the stages of coaching that every prisoner must take is the stage of social reintegration. Every prisoner who is in Rumah Tahanan Negara Kelas IIA Yogyakarta must follow in an orderly manner every specific guidance and activity program conducted by Rumah Tahanan Negara Kelas IIA Yogyakarta. If in the coaching program runs well, then the inmates who follow the program are entitled to an appreciation, one of which is the provision of Conditional Leave.The results obtained in this study are the mechanism of the release of conditional leave declaration and the implementation of conditional leave in Rumah Tahanan Negara Kelas IIA Yogyakarta.

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Dwi Oktafia Ariyanti

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Jl. Timoho No.40, Muja Muju, Kec. Umbulharjo, Kota Yogyakarta, Daerah Istimewa Yogyakarta 55225

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dwi Oktafia Ariyanti

Contact Email dwi_oktafia@janabadra.ac.id

Phone +6282221447241

Journal Mail Official dwi_oktafia@janabadra.ac.id

Editorial Address Jl. Timoho No.40, Muja Muju, Kec. Umbulharjo, Kota Yogyakarta, Daerah Istimewa Yogyakarta 55225

Location Kota yogyakarta, Daerah istimewa yogyakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Dwi Oktafia Ariyanti

Contact Email
dwi_oktafia@janabadra.ac.id

Phone
+6282221447241

Journal Mail Official
dwi_oktafia@janabadra.ac.id

Editorial Address
Jl. Timoho No.40, Muja Muju, Kec. Umbulharjo, Kota Yogyakarta, Daerah Istimewa Yogyakarta 55225

Location
Kota yogyakarta,

Daerah istimewa yogyakarta

INDONESIA