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INDONESIA
E-Journal Widya Yustisia
Published by Lembaga Layanan Pendidikan Tinggi Wilayah III
ISSN : -     EISSN : 23387785     DOI : -
Core Subject : Education,
Other
Arjuna Subject : -
Articles 8 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2017)" : 8 Documents clear
KAJIAN PUTUSAN BEBAS TERHADAP TERDAKWA PELAKU TINDAK PIDANA NARKOTIKA: STUDI KASUS DI PENGADILAN TINGGI DKI Sitorus, Hotman
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
Publisher : E-Journal Widya Yustisia

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Abstract

The case of free decision in the High Court against the defendants appeal from DKI perpetrators of crime Narcotics based on decisions of the District Court of first instance in East Jakarta appeals for review. The purpose of this article is to discuss and find out: (1) the reason why the defendant submits the efforts of appeal, (2) to know the basic consideration of the High Court judges over the decision of the District Court in East Jakarta. The research methods used are normative and descriptive exploratory approach. The results showed that: (1) the defendant's appeal because it he found not guilty and refused to accept the decision of the first level District Court in East Jakarta (2) the consideration of the High Court judges over the decision of the District Court in East Jakarta is, that Article 189 paragraph, 4 of the Code of Criminal Procedure States: Description of the defendant alone is not enough to prove that he is guilty of committing acts that accused him but must be accompanied by new evidence. the High Court argued" the defendant did not know the contents of the Envelope the Yoke for submission to Lukman Hakim ". Therefore the defendant has to be acquitted of all charges, the public prosecutor's.
PERILAKU MASYARAKAT TERHADAP OPERASI BUKTI PELANGGARAN (TILANG) DALAM BERLALU LINTAS Junef, Muhar
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
Publisher : E-Journal Widya Yustisia

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Abstract

One of the main problems in the pass-cross was Helms which resulted in inflicting casualties and losses of material. The behavior of the community is very decisive in the offences in traffic. The purpose of this research are to know: (1) the behavior of the community towards the operational proof of violations (speeding tickets) in the current traffic, (2) the behavior of the people who are supposed to be operating against the evidence of the offence (Ticketed) in traffic. The method used is descriptive library research with normative juridical approach. The results found that: (1) there has been no change to the operation of the community with evidence of behavior violations (speeding tickets) in traffic. This is a lot of road users who ignore traffic rules so as to trigger the occurrence of accidents, (2) the community should conduct operations against proof of offence (ticketed) in traffic can not only given meaning as the roas user, because user/individual can road users and also individuals representing corporations.
METODE YADAWI DAN IDENTIFIKASI MEMUDAHKAN MENGHAFAL KETENTUAN WARIS DI DALAM AL-QUR’AN Wijayanti, Henni; Windiani, Arofah; Muhammad, A. Azis
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
Publisher : E-Journal Widya Yustisia

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Abstract

Islam is the way of life and the law of inheritance is one of the components of Islamic law and it’s in particular was revealed by Allah swt through His Prophet. Allah Swt has explained the details of inheritance law through Qur’an (4: 11, 12, 176), based on the verses are difficult to memorized. The study is focused to introduces the Yadawi and Identification method, the methods to make much easier to understand and to memorized the verses of inheritance.The methodology used in this study is the empirical qualitative method where the verses are analyzed and based on the experience for many years. Through these metod, it is hoped that Muslims can easily implement the law of inheritance. So, there is no reason and no excuse whatsoever not to apply the Islamic law of inheritance which is based on Qur’an.
HAK REPARASI KORBAN KEJAHATAN PENGATURAN DAN IMPLEMENTASI Anjari, Warih
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
Publisher : E-Journal Widya Yustisia

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Abstract

In fact the victim is an integral part of the criminal justice system. Normatively victim has not been recognized position as an integral part of the criminal justice system. Reparation of victims of crime can not be directly implemented. In order to be able to implemented through other mechanisms, so that the implementation is very minimal. The purpose of this paper are: (1) to investigate the crime victims reparation setting and (2) to analyze its implementation. The approach used is the legislation and case-based approach, the analysis is done by applying qualitative analysis with the data collection through literature. It can be concluded that: (1) the crime victim’s reparation arrangements scattered in various laws, and (2) its implementation is still very low due to various constraints. The suggestions are that (1) it’s necessary to increase the awareness reparation rights, (2) to the synchronization rights regulations reparation, and Integration reparation rights of victims in the criminal justice system.
KEJAHATAN PENCUCIAN UANG (MONEY LAUNDERING): TINJAUAN UNDANG-UNDANG NOMOR 8 TAHUN 2010 TENTANG PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA PENCUCIAN UANG Yani, Mas Ahmad
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
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Abstract

Pretension of Money laundring in Indonesia has started since the act no. 15, 2002 about pretension of money laundry changes into the act no. 15, 2003 and it shown a positive impact. Meanwhile, the act does not seem optimal. Therefore, the Indonesin parliament constructs another act which is act no.8, 2010 about prevention and pretension of money. The objective of this study is to discuss about how far the act no.8, 2010 about prevention and pretension of money laundry can be implemented effectively. The method used library study with descriptive, explorative and analytic approaching. It can be concluded that: 1. Occurs some criminal offense as it is limited implemented in the second clause of act no. 8, 2010 towards money laundry presumption, does not need pre verification as long as the money came from corruption with the record of 2 proof as the initial proof. 2. Money laundry in criminology is qualified as white collar criminalization, therefore using inverse method is relevant, but in the implementation it is depended on the judge’s will. The suggestion that, all the element of law enforcement and the criminal justice system should have well integration and dedication in this kind of cases meanwhile special skills regarding the financial system and the support from financial expert are needed.
FENOMENA KEKERASAN SEBAGAI BENTUK KEJAHATAN (VIOLENCE) Anjari, Warih
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
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Abstract

Sometimes man, as social creatures, in interacting with others create conflict either in the way or the goal, resulting violence. At the end of 2012 and beginning of 2013, there was an increase of violence in Indonesian society which occurs in education institution, and also between the state apparatus. The purpose of this writing are: (1) to discuss the violence as a form of crime from the point of the view of the Indonesian legal system (2) to analyze the causes of violence as a form of crime from anthropological, sociological and psychological approaches. The method applied is library research with the descriptive and explorative approach and the data were analyzed with qualitative methods. It can be concluded that: (1) Violence is a form of crime. In the Indonesian legal system can be punished by the Penal Code and Special Offens. (2) Causative factor is heterogeneous culture, different acculturation, social jealousy (antropology); deviant behaviour and the process of stigmatization (sosiology);imitation and mental disorders (pshicology). It recommended for law enforcement needs to be improved through the application of strict sanction and change the mind set towards non-violence.
TANGGUNG JAWAB HUKUM PERSEROAN TERBATAS (PT) YANG DINYATAKAN PAILIT Purbandari, -
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
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Abstract

Abstract: With the bankruptcy of an alleged Limited Liability Company, then treaseres will be in public and confiscated and the company will lose the treasure of his wealth. This will affect the existence of the company, where its administrator must be requested personally responsible written as the principle of Piercing The Corporate Veil. The purpose of this study is to (1) discuss the bankruptcy of a company, (2) the legal consequences of stated bankrupt company. The research methods using the juridical normative, which analysed qualitatively with data sourced from primary and secondary legal materials, and use the approach of law (statute approach) conducted by reviewing some of the legislation and other regulations relevant to the bankruptcy of a company. It can be concluded that: (1) the nature of bankruptcy is general encumbrances over the assets of the debtor are divided on the principle of balance; (2) due to the bankruptcy of a company is that company does not lose its existence, but the management dan liquidation process is done by the curator.
HAK ISTRI NON MUSLIM TERHADAP HARTA PENINGGALAN SUAMI YANG BERAGAMA ISLAM: STUDI KASUS PUTUSAN PENGADILAN AGAMA MAKASSAR NO. 732/PDT.G/2008, PUTUSAN PENGADILAN TINGGI MAKASSAR NO. 59/PDT.G/2009 DAN PUTUSAN MAHKAMAH AGUNG NO 16 K/AG/2010 Sufiati, Dian; Anggraeni, Ria Dwi
E-Journal Widya Yustisia Vol. 1 No. 1 (2017)
Publisher : E-Journal Widya Yustisia

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Abstract

The heteroqenity of Indonesian communities bring along mixed marriage, namely the marriage among those of diferrant religions. Such marriaqes are reqistered at the office of Civil Affairs.There exists some disputes betwean those of Moslem husband and non Muslem wive after the husband’s death concerning the family heritege. The purpose of this writing is to analyze the non moslem’s wife status in relation to the death husband who is a Moslem.The try to analyze such issue has been related to the legal consideration of the Supreme’s Court decision No. 16K/AG/2010 regarding the disute berween the late Moslem’s husband and his wife, who is a non-Moslem. The method used is normative juridical, the data was qained from library research, which have been procrssed and analyzed qualitatively. The result of this research indicated that the status of a non-moslem wife is not acknowledged by the teaching of the Al-Qur’an, Haditz and Islamic law compilation. But the Supreme Court declared such tradition as nuli and void by means of the Decision No. 16K/AG/2010. Such decision stipulated that any and all Non-Moslem wife has the riqht to get her portion from her late husbands’s haritage. The basic consideration of Supreme Court’s cedision is that the said wife has lived together sincerely with her husband until the time her husband passet away. The Supreme Court has to explain such decision to diverse communities in Indonesia, so that such decision qained its force.

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