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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 14 Documents

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Search results for , issue "Vol 3, No 1 (2019): Mei" : 14 Documents clear

Tinjauan Yuridis Terhadap Putusan Pengadilan Mengenai Tindak Pidana Perdagangan Orang dengan Modus Ekploitasi Seksual di Bantul Bambang Supriyanta; Sigit Herman Binaji
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

Human trafficking is recruitment, delivery, removal, gathering or admitting people by threatening,kidnaping,deceiving or using violence or other forms of forcement, kidnaping, deceiving, lying or or abusing of power risky position or taking and giving payment or getting advabtages in order to get agreement from the authority of other persons for exploitation. And the action of human trafficing is an action or a series of actions which fulfil the aspects of crime in the the rules of law.The most prominent of human trafficking is the sexual exploitation. This situation is so terrifying in the Bantul region. The victims of human trafficking are women and children, at least, two cases have been brought to court in the State Court of Bantul in the period of 2016 to 2017. They are the case of No.147 Pid.Sus 2016 PN.Btl and the case of No.148 Pid.Sus 2016 PN.Btl. Based on the facts, the questions arise are how the juridical implementation to the human trafficking through sexual exploitation in Bantul regency is and what makes the cases of human trafficking through sexual exploitation in Bantul regency arise.The objectives of this research are 1. To give explanation of juridical study of adjudication to the human trafficking through sexual exploitation in Bantul regency, 2. To give explanation why the crime of human trafficking arise through sexual exploitation in Bantul regency.The result of this research is study of adjudication of the human trafficking through sexual exploitation in Bantul regency. It includes, judges must consider the system of crime act provement. b judges must consider the principle of legality of the law. And the reasons of the human trafficking through sexual exploitation in Bantul regency are the factors of economic religion family education and facilities in Bantul regency.

Perlindungan Hukum Terhadap Korban Perdagangan Orang yang Dijadikan Pekerja Seks Komersial di Wilayah Hukum Polda DIY Agus Setiyawan; M. Hatta
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

This study aims to analyze the steps of the police in the process of law enforcement in the commercial criminal acts of people who disguised commercial sex workers in the area of DIY Local Police, but also aimed to analyze the legal protection carried out by DIY Regional Police to victims of trafficking of persons employed as commercial sex workers, so law enforcement by providing legal protection facilities for such crimes can have a positive impact on the victims.The approach used by the author is the empirical juridical approach. Law enforcement in the criminalization of the Crimes of Trafficking in Persons committed by the Regional Police of DIY is done by 3 ways that is preemptive, preventive and repressive. Implementation of law enforcement in preemptive way is done by doing some activity agenda such as conducting socialization related to effect and impact of people trafficking, coordinating to all ranks in Local Police of DIY to be conducted socialization of danger of crime of trafficking of person , while repressive law enforcement is done when there are reports from the community there has been a crime of trafficking in persons somewhere. Related to the legal protection against the victims conducted by the Regional Police of DIY was conducted in the form of giving advocacy to the victim in cooperation with the NGO, besides also considering the disturbed mental and psychological impact on the victim and so as not to be traumatized, the Regional Police of DIY do legal protection in the form of rehabilitation.

Peran Penyidik Harta Benda Dalam Rangka Menangani Pelaku Tindak Pidana Pemalsuan SuratGuna Terwujudnya Kepastian Hukum di Kepolisian Daerah Daerah Istimewa Yogyakarta Suranto Suranto; Lilik Mulyadi; Suryawan Raharjo
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

This study aims to determine the role of investigator Harda Polda DIY in dealing with fraudulent offenders, because of letter forgery cases this results in material losses and immaterial Knowing the impact of the active role generated from the investigation of the DIY Regional Police Harda Subdistrict against the perpetrators of letter forgery, so that the legal process obtained legal certainty for both victims and perpetrators of falsification of letters, in addition to knowing thecausal factors the occurrence of falsification of the letter and knowing the steps of Investigator Harda in dealing with the perpetrators of criminal acts of letter forgery. The approach used by the author is an empirical juridical approach, namely the approach of existing law to be applied in cases that occur, namely analyzing how the role of Investigator Harda against criminal acts of forgery of letters carried out by perpetrators in the jurisdiction of the Regional Police of DIY. The analysis used is qualitative, namely the method of data analysis by grouping and selecting data obtained from research according to the quality and truth, then connected with the theories from the literature study. The investigator in determining the role taken against the perpetrators of the crime of forgery of letters is by knowing the factors that cause the occurrence of letter forgery, this step is based on Article 13 of Law Number 2 Year 2002 concerning the National Police of the Republic of Indonesia and Perkap Number 10 Year 2010 Regulation of the Chief of Police However, in the process of investigating Harda investigators, it did not provide a deterrent effect on the perpetrators of not carrying out similar actions, this was because the investigation process was still not maximal, so many perpetrators of criminal acts of letter forgery still escaped legal entrapment. Law enforcement activities carried out by Investigator Harda are always improving Capability, Awareness, Attitude and Behavior so that legal certainty can be achieved for both victims and perpetrators of fraudulent letters.

Penegakan Hukum Dalam Hal Pelanggaran Lalu Lintas Terhadap Pengendara Ojek Online yang Menggunakan Telepon Zainal Fatah
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

The existence of an online motorcycle taxi that uses the telephone to work is a form of violation of Law Number 22 Year 2009 Regarding Traffic and Road Transportation. Drivers must be careful when using the phone while driving, because when driving while using a telephone, the driver can be punished by the police, and could endanger other drivers. This research is a normative legal research that is a library research using a normative juridical approach, besides using supporting data that is conducting interviews with SatlantasSleman Police as a resource and conducting interviews with online motorcycle taxi drivers as respondents of this study. After an analysis of all of them, it can be concluded that the online motorcycle taxi drivers who put the phone on the motorcycle are considered to violate traffic, because of obvious reasons the driver uses the phone, namely to work or look for orders. Interpretation of Law Number 22 Year 2009 Regarding Traffic and Road Transportation in article 106 states that motorists are prohibited from using the telephone while driving. Although according to the Sleman Yogyakarta Police, they stated that they did not violate traffic because there were no clear rules forbidding placing the telephone in a vehicle.

Proses Penyidikan oleh Kepolisian terhadap Orang Dengan Gangguan Jiwa yang Melakukan Kejahatan Yuli Hermawan
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

The purpose of this study is to find out how the mechanism of the investigation process by the police against people with mental disorders who commit crimes. Because it takes maximum effort and cooperation between various parties in handling people with mental disorders who commit crimes, so that the right decision can be made to provide action against the perpetrators. The results of this study indicate that the process of investigation by the police against people with mental disorders who have committed crimes often experiences many obstacles and obstacles so that the legal certainty is unclear.

Kajian Yuridis Peranan Alat Bukti TerhadapPutusan Bebas dalam Tindak Pidana Pemalsuan (Studi Kasus Terhadap Putusan Pengadilan Negeri Yogyakarta No. : 22 Pid.B 2016 PN.YYK Suparno Suparno; Yanto Yanto; JS. Murdomo
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

This thesis study aims, to know and examine the role and strength of evidence against free decisions in criminal cases of letter forgery, and to find out what things make legal judgments for judges in making free decisions. This research is a descriptive normative legal research using secondary data types. In this study, the data collection technique used was library research. Then the data obtained isthen studied, classified, and further analyzed according to the objectives and problems and to further strengthen the data in this study, the authors also conducted field research with interview methods with Resource Persons. Based on this research the results obtained to determine the role and strength of evidence. facts at the trial, as well as judges considerations in making free decisions against the accused. Besides that, the minimum requirements for two proofs and judges convictions were also fulfilled, so that the defendant could give a free verdict. That the evidence and evidence is very important from the criminal justice process. The evidence has an important role, both starting from the investigation, investigations in the police, until the Public Prosecutor is forwarded as a basis for making charges and demands. And then the evidence becomes the basis of the Judge judgment in displaying criminal case decisions, but the evidence is not enough if the convictions of the law enforcer will process the crime to continue, as if it were an important factor, both from the beginning by the investigator, by the Prosecutor The Public Prosecutor especially by the Panel of Judges to decide the case. If the evidence is not sufficient and or the judge beliefs do not exist, then the crime cannot be forced to proceed to the trial process. Therefore, in this case the author took a case study of decision No. 225 Pid.B 2016 PN YYK, in a case of fraud. And in the research of this case verdict, the panel of judges in its decision acquitted the defendant, because it was not proven and convinced the panel of judges.

Analisis Terhadap Tindak Pidana Perdagangan Satwa Liar yang Dilindungi Studi Putusan Pengadilan Negeri Bantul Widodo Widodo; Francisca Romana Harjiyatni
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

One of the main factors that threatens the extinction of animals is hunting for trade. Various types of protected and endangered animals are still being traded, one of them is in Bantul. In fact, there are already rules prohibiting the trade in protected animals, which are regulated in Law Number 5 of 1990 concerning the Conservation of Biological Resources and their Ecosystems. This study aims to determine a criminal trade in protected wildlife that exists in the Bantul district court's law regarding judges' considerations in deciding cases of protected wildlife trade and what are the obstacles faced by judges in imposing prison sentences on protected animal trade.This research uses a literature study in the form of decisions in the Bantul District Court and is strengthened by interviews with judges who decide cases. The approach in this study uses descriptive analytic. Based on the results of data analysis and research that has been done, that the sentencing of judges at the Bantul District Court in 2016 to 2017 has been based on the evidence and beliefs of judges in the form of animals and information from various witnesses presented at the trial. As for the judge's conviction, it is based on the conditions that exist in the community regarding the crime case of protected wildlife trade. The fall of the judge's verdict in the Bantul District Court has several obstacles, namely the lack of cases of trade in protected animals, and case files and attachments that have not been well prepared by other institutions so the trial lasts long.

Tinjauan Yuridis Akibat Hukum dari Pecahnya Wadah Tunggal Organisasi Advokat dalam Sistem Peradilan Pidana di Indonesia Anna Astuti; Eko Nurharyanto
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

This study aims to examine and analyze the factors underlying the breakup of the single forum of advocate organizations in the criminal justice system in Indonesia and the legal consequences of the breakup of a single forum of advocate organizations in the criminal justice system in Indonesia.This type of research is empirical juridical. The data used in this study are primary data and secondary data. Data collection is done by document study and interviews. Data analysis in this study used qualitative analysis.Based on the results of the study, it was concluded that, the things behind the break-up of a single forum of advocate organizations in the criminal justice system in Indonesia, the government slowly passed lawyers' advocates, the role of the government that was inconsistent in implementing law advocates, and the Supreme Court's interference in organizational issues advocate.The legal consequences of the breaking up of a single forum of advocate organizations in the criminal justice system in Indonesia will not have an impact on the justice system but have an impact on justice seekers. This is because Advocates in carrying out their duties aim at upholding law, truth and justice. Thus, the provision of legal assistance to perpetrators of criminal acts is a form of service of Advocates in carrying out their profession as one of the elements of law enforcement officers, not depending on whether advocates are members of advocate organizations or not, as stipulated in Government Regulation Number 38 of 2008 concerning Requirements and Procedures for Granting Legal Aid.

Penyelesaian Perkara Kecelakaan Lalu Lintas Dengan Pelaku Anak, yang Mengakibatkan Korban Meninggal Dunia di Wilayah Polres Bantul Boedi Hariyanto; Sigit Herman Binaji; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

This study aims to study and analyze the settlement of traffic accident cases with child offenders, which resulted in fatalities in the Bantul Police Station and its constraints and efforts to resolve the obstacles. The results showed that the settlement of a traffic accident case with a child offender, which resulted in the death of a victim in the Bantul District Police area, began with a mere case and then involved children, so that the police investigator conducted an investigation and case crime scene. If the BAP results contain evidence that points to the child as a suspect, Bapas conducts Litmas to the suspect, so a recommendation from Bapas for Diversi is published. Obstacles faced by Bantul Police investigators in the settlement of traffic accident cases with child offenders, which resulted in fatalities in the Bantul Polres area, including obstacles originating from children , constraints originating from law enforcement, and constraints originating from from the community. Then how to overcome these obstacles include improving the quality and quantity of human resources in Bantul Regional Police.

Reformasi Sistem Hukum Pidana Sebagai Upaya Pemberantasan Tindak Pidana Korupsi Jafar Sodik
Kajian Hasil Penelitian Hukum Vol 3, No 1 (2019): Mei
Publisher : Universitas Janabadra

This research aims to analyse and formulate a system of criminal law reform corruption related to the types of criminal acts, criminal sanctions and criminal liability in order to eradicate corruption in the future.This research is a type of normative legal research supported by primary data, descriptive and form of prescriptive. The data used are secondary data consisting of primary, secondary and tertiary legal materials and primary data in the form of interviews. The process of data analysis using qualitative methods,conceptual approach, by analysing the data in the form of interviews, documents, regulations and related theories that produce descriptive-analytical data.The impact of the extraordinary criminal corruption is no longer as national problem but has also become an international problem so there needs to reform the material law in the context of combating corruption.Criminalization of criminal acts of corruption of several acts that need to be criminalized as a criminal act of corruption within UNCAC there are at least four actions: bribery of foreign public officials and officials of public international organizations, trade of influence, illegal enrichment, private bribery and outside UNCAC categorize money laundrying from the proceeds of criminal acts of corruption and crimes essentially constituting corruption but not regulated as a criminal act of corruption such as, cheating during the election. Reforming of material law also needs to be done related to criminal sanctions. Existing criminal sanctions are very less deterrent effect. Some consepts of material criminal law reforming related to criminal sanctions are, first is the separation of arrangements between people and corporations because of nature and nature. Both concepts of criminal sanction double track system. The three system are minimal and maximum special. The three concepts of cumulative criminal sanctions formulation and accountability to corporations that need to be affirmed and explained so that they can be applied and clear and precise formulation of specific subjects in corruption related to public servants, state organizers and law enforcement officers. The renewal of the criminal law of material related to corruption crime should be done immediately to create the concept of prevention of corruption crime that is repressive, preventive and restorative.

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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

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