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INDONESIA
DEDIKASI JURNAL MAHASISWA
Published by Universitas 17 Agustus 1945 Samarinda
ISSN : -     EISSN : -     DOI : -
Core Subject : Education,
Education
Arjuna Subject : -
Articles 1,052 Documents
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PERLINDUNGAN HUKUM TERHADAP TERSANGKA YANG MENDAPATKAN KEKERASAN DALAM PROSES PENYELIDIKAN DAN PENYIDIKAN DI POLRES TENGGARONG Wahyu Setiadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACTThe suspect is faced with a public prosecutor before the court, both of whom have the same position, including their rights. The public prosecutor will try to provide evidence to the court that can convince the judge that the suspect is guilty and deserves a sentence. Whereas the suspect himself has the right to deny what he has been accused of by showing evidence, even what he has been accused of is not true. If the suspect cannot prove that he is innocent, the criminal proceedings against the suspect will continue until the final stage.If there has been a violation of his rights by the investigator, the suspect can do something that can make the investigator concerned must account for his actions. Legal remedies that can be submitted by a suspect, his family and legal counsel are pre-trial efforts.The obstacle faced in providing legal protection is that the existing legal regulations are not yet fully implemented and the sociological regulations do not apply in the community. In addition, because of the attitude of the defendant himself who cannot be invited to work together. The lack of available facilities and infrastructure as well as the lack of funds to conduct investigations and investigations also led to the difficulty of upholding the rights of suspects. There is still a lack of supervision and control when the examination takes place, so as to make the investigator freely carry out the examination by himself according to the method he likes.
PERLINDUNGAN HUKUM TERHADAP TERSANGKA YANG MENDAPATKAN KEKERASAN DALAM PROSES PENYELIDIKAN DAN PENYIDIKAN DI POLRES TENGGARONG Setiadi, Wahyu
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACTThe suspect is faced with a public prosecutor before the court, both of whom have the same position, including their rights. The public prosecutor will try to provide evidence to the court that can convince the judge that the suspect is guilty and deserves a sentence. Whereas the suspect himself has the right to deny what he has been accused of by showing evidence, even what he has been accused of is not true. If the suspect cannot prove that he is innocent, the criminal proceedings against the suspect will continue until the final stage.If there has been a violation of his rights by the investigator, the suspect can do something that can make the investigator concerned must account for his actions. Legal remedies that can be submitted by a suspect, his family and legal counsel are pre-trial efforts.The obstacle faced in providing legal protection is that the existing legal regulations are not yet fully implemented and the sociological regulations do not apply in the community. In addition, because of the attitude of the defendant himself who cannot be invited to work together. The lack of available facilities and infrastructure as well as the lack of funds to conduct investigations and investigations also led to the difficulty of upholding the rights of suspects. There is still a lack of supervision and control when the examination takes place, so as to make the investigator freely carry out the examination by himself according to the method he likes.
PELAKSANAAN DIVERSI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI BAWAH UMUR DI POLRES KUTAI TIMUR Supriadi Supriadi
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT             Children are a mandate from God Almighty, which is inherently inherent in dignity and worthy of being upheld as whole human beings because children are the next generation of the nation and have a very important role to lead and advance the nation. The important role carried by children is what makes parents, the community and even the government must guarantee the lives of children. In this case the state has an obligation to guarantee the rights of every child to their survival, growth and development as well as the right to protection from violence and discrimination.            Children as criminals must take responsibility for their actions. This must be done so as to provide lessons to children, so that in the future the child does not repeat the same mistakes. Punishing children must pay attention to aspects of child development and the best interests of the child. Children who have committed crimes must remain protected and pay attention to their rights so as not to interfere or even damage the child's growing up period. This is what underlies the formation of the juvenile justice system.            Diversity in essence also has the goal of avoiding children and the negative impact of criminal application. Diversion also has the essence of ensuring that children grow and develop both physically and mentally. Judging theoretically from the concept of the objective of punishment, the transfer of the process and the judicial process to the non-judicial process of children who commit narcotics abuse will be seen as relevant.            Based on the reasons for selecting the titles described above, the problems in this thesis are as follows: (1) What is the legal position of diversion for underage narcotics offenders in East Kutai Regional Police? (2) What are the obstacles faced by the police in implementing diversification of minors as narcotics offenders?            Then it can be concluded (1) The legal position of diversion against children of narcotics abusers in the perspective of the development of criminal law is a non-penal policy measure for handling children who commit child crime, because its handling is diverted from the path of the juvenile justice system. Diversi departs from the assumption that the process of handling minors through the juvenile justice system is more likely to be negative than positive for children's development. With regard to handling children as narcotics abusers, the main problems arising from the juvenile criminal justice process or a criminal verdict are the Stigma attached to convicted of narcotics abuse after the completion of the criminal justice process. The tendency of increasing child abuse of narcotics, encourages efforts to deal with and deal specifically with it in the field of child criminal law. The concept of diversion that is regulated in the Criminal Justice System in Indonesia is to place an obligation to diversify in each stage of the judicial process (investigation, prosecution and trial). (2) Lack of coordination between agencies implementing the diversion that one of the obstacles to the implementation of the diversion in the East Kutai Police Station is the lack of Community Guidance personnel, namely only a few PK personnel handling client children with Bapas working area coverage reaching 18 districts, as well as the time of child detention. short. and Lack of public confidence in the rules of implementing diversion. Even though it has been regulated in the law, the idea of diversion is still hindered by the views of the people who tend to distrust and without thinking about the impact that will be faced by the child. Diversion is a very important policy applied to protect children from the formal justice process. However, sometimes the authorities still hesitate to run it. This is because the demands of the community, politics, or others are considered by the authorities. Officials are also afraid of being blamed if the child repeats his actions later. The public is also still pessimistic about the diversion policy of the authorities which will harm the interests of certain parties. Keywords: Diversity, Children of Criminal Acts, Narcotics
PROSES PENYELESAIAN KASUS PENCURIAN BUAH KELAPA SAWIT DI WILAYAH HUKUM KEPOLISIAN SEKTOR KONGBENG Matias Matias
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRACT Theft is an act of crime, which greatly disturbs the comfort of the community. For that we need a consistent action that can uphold the law, so that harmony is established. the underlying factor for the crime of stealing oil palm fruit in Kongbeng District is due to the lack of income of the perpetrators of the theft (economic factors of the perpetrators is low), because of the lack of education level of the perpetrators of the theft, and because the perpetrators of the theft do not have a permanent job. This is what influences or lies behind the crime of stealing oil palm fruit. law enforcement officials who are authorized in handling cases of theft of oil palm fruit to be serious in their handling and involve community participation in order to create order and mutual security. Keywords: Theft. Palm oil
PENANGANAN MASALAH PROSTITUSI DI KALIMANTAN TIMUR Silvester Hengki Sanan
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRAKMasalah prostitusi merupakan persoalaan yang sangat krusial, sebab dalam prakteknya persoalaan tersebut kian menjadi momok yang sangat meresahkan masyarakat. Dengan berbagai macam faktor yang menjadi alasan bagi para Pekerja Seks Komersial (PSK) terus menjalankan aktivitas tersebut, seperti yang terjadi di kalimantan timur. Jenis penelitian yang digunakan adalah metode yuridis normatif, yakni dengan cara meneliti bahan pustaka, undang-undang agar bisa memberikan penjelasan tentang masalah prostitusi. Peneliti juga melakukan pendekatan kasus agar bisa menelaah kasus yang ada dengan dengan membandingkan kasus yang serupa. Melalui penelitian tersebut menghasilkan beberapa faktor penunjang dari kurangnya rasa sejahtera yang mengakibatkan banyak masyarakat mengambil jalan pintas, faktor ekonomi sampai sekarang masih menjadi pendorong bagi kalangan tuna susila untuk terus mengeluti profesinya hingga saat ini. Kata Kunci : Prostitusi, Perempuan, Seks dan Uang
PENANGANAN MASALAH PROSTITUSI DI KALIMANTAN TIMUR Sanan, Silvester Hengki
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

ABSTRAKMasalah prostitusi merupakan persoalaan yang sangat krusial, sebab dalam prakteknya persoalaan tersebut kian menjadi momok yang sangat meresahkan masyarakat. Dengan berbagai macam faktor yang menjadi alasan bagi para Pekerja Seks Komersial (PSK) terus menjalankan aktivitas tersebut, seperti yang terjadi di kalimantan timur. Jenis penelitian yang digunakan adalah metode yuridis normatif, yakni dengan cara meneliti bahan pustaka, undang-undang agar bisa memberikan penjelasan tentang masalah prostitusi. Peneliti juga melakukan pendekatan kasus agar bisa menelaah kasus yang ada dengan dengan membandingkan kasus yang serupa. Melalui penelitian tersebut menghasilkan beberapa faktor penunjang dari kurangnya rasa sejahtera yang mengakibatkan banyak masyarakat mengambil jalan pintas, faktor ekonomi sampai sekarang masih menjadi pendorong bagi kalangan tuna susila untuk terus mengeluti profesinya hingga saat ini. Kata Kunci : Prostitusi, Perempuan, Seks dan Uang
UPAYA SATLANTAS POLRES KUTAI TIMUR DALAM MENERTIBKAN PELANGGARAN LALU LINTAS DI WILAYAH HUKUM POLRES KUTAI TIMUR DIMAS DWI NUR ROHIM
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACT            Transportation is a very important and strategic means in smoothing the economy, and other activities with the aim of strengthening unity and integrity and influencing aspects of national and state life. Increasing population and growing economy of the economy in developing countries such as Indonesia requires people to have high mobility in order to meet their daily needs.            Guidance on the attitudes and compliance of motor vehicle drivers regarding traffic regulations has been carried out by the East Kutai Police Traffic Unit, but with an imbalance between the number of motorized vehicle ownership and access not increasing this road, it has resulted in various types of traffic violations. which is difficult to minimize.            Driving by car or motorcycle on a big road that has super busy traffic traffic is certainly not an easy and comfortable thing. In addition to being troubled by traffic jams, we are often treated to some "iron horse" rider actions that still have a low level of safety awareness driving. This effect, in addition to increasing the number of traffic accidents, will also create a domino effect that is increasingly regarded as a daily traffic habit. Even not infrequently, making us uncomfortable in driving.            Based on this background, questions can be formulated in the form of the following questions: (1) What are the Factors that Caused Traffic Violations in the East Kutai District Police Legal Area? (2) How is the Satlantas effort in minimizing traffic violations in the East Kutai District Police Legal Area?            So it can be concluded (1) One of the factors causing traffic violations in the area of East Kutai is human factors. Related types of violations are vehicle registration, standard helmets, speed, and many more. Law enforcement given by law enforcement officers is to provide preventative effects so that violations are not repeated, with hopes that the fines given to violators make them aware of not repeating the same violations. (2) There have been a number of efforts made by the East Kutai Regional Police Headquarters to reduce the number of traffic violations, namely the implementation of Law No. 22/2009 concerning Traffic and Road Transportation. Keywords: Control, Traffic, Violation 
PENANGANAN ANAK YANG BERHADAPAN DENGAN HUKUM BERDASARKAN UNDANG UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK Andri Purba Yuana
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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ABSTRACTThe problem with street children is not a new problem. These problems tend to appear in big cities including Samarinda in them. The problems which are classified into social problems arise from social changes in society. This factor of social change includes global change that is very fast including science and technology. Urban communities which are generally preoccupied with individual problems make it even more indifferent to the surrounding environment. The impact is the depletion of social relations and a sense of concern for the community and its environment, one of which is street children around them.The method used in this study is a normative juridical method, data or information obtained through library research. From the results of the literature research, secondary data were obtained which included primary legal materials, secondary legal materials and tertiary legal materials. The problem that the author discussed in this paper is the legal psychology perspective on the problem of street children who are faced with the law and the causes of street children facing the law.Based on the results of the study, it can be concluded Based on the data that I have obtained, in general it shows that there are peers' invitations and the economic needs of their families which must be fulfilled as a strong reason for street children to dare to face the law. Besides that, the perspective of legal psychology considers that the age of street children is very influential on psychic street children who commit criminal acts or children in conflict with the law, because the needs of children to grow and develop naturally are not fulfilled due to bad behavior in the streets of teenage street children. (15-21 years) imitated by street children who are categorized as children (7-14 years) and some of the factors that cause street children to face the law include: Parents encourage children to work with reasons to help the family economy; Cases of violence and mistreatment of children by parents are increasing so that children run to the streets; Children are threatened with dropping out of school because parents cannot afford to pay school fees; More and more children are living on the streets because the cost of expensive / increased house contracts; The emergence of competition with adult workers on the streets, so that children are depressed doing work at high risk of safety and exploitation of children by adults on the streets; Children become longer on the streets so new problems arise; and street children are victims of extortion, and sexual exploitation of female street children. Keywords: Street Children, Crime, Psychology
PELAKSANAAN HUKUMAN TERPIDANA KORUPSI DI LEMBAGA PEMASYARAKATAN KELAS IIA SAMARINDA Gusti Lili Eriyanti
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract Correctionalism is essentially an idea in carrying out imprisonment while upholding the dignity and dignity of a human being. The treatment was intended to return prisoners to the community as good and useful people. To undergo the implementation system, community participation or participation is needed, either by organizing cooperation in coaching or by being willing to accept returning prisoners who have finished serving their crimes. The implementation and guidance that is applied in Correctional Institutions for corruption convicts is a person who has knowledge that is very high and has integrity. Therefore, this study aims to find out the implementation of knowing the execution of penalties for convicted corruption and to find out the guidance of corruption convicts in Correctional Institutions. The research method used in this study is a juridical-normative approach method, namely research conducted directly to the location of the study. With the research location at the Class IIA Penitentiary of Kota Samarinda on Jalan Jend. Sudirman No.15, Kota Samarinda, East Kalimantan. The types and sources of data used are primary data and secondary data. Based on the results of the research Likewise the execution of the convicts of corruption convicts was placed in detention in a prison institution, for guidance and punishment. The implementation of the sentence while in detention Correctional Institution runs all activities based on Pancasila in order to improve the quality of corruption convicts as prisoners to realize and not repeat mistakes, improve themselves not to repeat crimes so that they can be accepted again by the community, can actively play a role in development and can live naturally as a good and responsible citizen, while the implementation of guidance carried out on convicted corruption in practice, Until now Correctional Institutions do not have specific guidance guidelines for convicted corruption, so it still refers to guidance carried out on convicts, including general crimes . But in reality Correctional Institutions have problems because of differences. The difference here is not the difference in treatment, but the differences in characteristics between the convicted corruption and other convicts, both their economic level, education, and integrity. Keywords: Penitentiary, Implementation, Coaching, corruption
PELAKSANAAN HUKUMAN TERPIDANA KORUPSI DI LEMBAGA PEMASYARAKATAN KELAS IIA SAMARINDA Eriyanti, Gusti Lili
Journal of Law ( Jurnal Ilmu Hukum ) Vol 5, No 2 (2019)
Publisher : Universitas 17 Agustus 1945 Samarinda

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Abstract

Abstract Correctionalism is essentially an idea in carrying out imprisonment while upholding the dignity and dignity of a human being. The treatment was intended to return prisoners to the community as good and useful people. To undergo the implementation system, community participation or participation is needed, either by organizing cooperation in coaching or by being willing to accept returning prisoners who have finished serving their crimes. The implementation and guidance that is applied in Correctional Institutions for corruption convicts is a person who has knowledge that is very high and has integrity. Therefore, this study aims to find out the implementation of knowing the execution of penalties for convicted corruption and to find out the guidance of corruption convicts in Correctional Institutions. The research method used in this study is a juridical-normative approach method, namely research conducted directly to the location of the study. With the research location at the Class IIA Penitentiary of Kota Samarinda on Jalan Jend. Sudirman No.15, Kota Samarinda, East Kalimantan. The types and sources of data used are primary data and secondary data. Based on the results of the research Likewise the execution of the convicts of corruption convicts was placed in detention in a prison institution, for guidance and punishment. The implementation of the sentence while in detention Correctional Institution runs all activities based on Pancasila in order to improve the quality of corruption convicts as prisoners to realize and not repeat mistakes, improve themselves not to repeat crimes so that they can be accepted again by the community, can actively play a role in development and can live naturally as a good and responsible citizen, while the implementation of guidance carried out on convicted corruption in practice, Until now Correctional Institutions do not have specific guidance guidelines for convicted corruption, so it still refers to guidance carried out on convicts, including general crimes . But in reality Correctional Institutions have problems because of differences. The difference here is not the difference in treatment, but the differences in characteristics between the convicted corruption and other convicts, both their economic level, education, and integrity. Keywords: Penitentiary, Implementation, Coaching, corruption

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