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The Investigation Process Prevention And Eradication Of Narcotics Investigator To The Criminal Abuses By Police
Ali Murtadho
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3286
Narcotics abuse is a transnational crime that is done by using a high modus operandi, advanced technology, and supported by jarigan organized. Narcotics are also considered an extraordinary crime because of the impact and the dangers posed to health damage as well as disorders of the nervous system of human, narcotics on one side are the drugs or substances that are useful in the field of medicine and the development of science and on the other hand can cause dependence highly detrimental if abused. Therefore, it is necessary to prevent and fight against the crime of abuse in the illicit traffic of Narcotics. Given the extraordinary crime then categorized the crime of Narcotics regulated more specifically in the Narcotics Act No. 35 of 2009 on Narcotics. In the prevention and eradication of Narcotics Police have an important role in it. In addition to enforcing the law, the police are also expected to minimize the prevention and guidance prior to the crime of Narcotics. As a form of law enforcement committed the offenses Police Narcotics abuse is to take action in the form of an investigation. Intent and purpose of the investigation is done to make light of a criminal offense to known suspects and to provide legal certainty and a sense of justice to citizens.Keywords: Process; Investigation; Eradication; Narcotics; Police.
Wonosobo Regulation No. 3 of 2014 on Regarding Regional Organization to Achieve Good Governance
Ahmad Faqih
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3324
The problems examined in this study is how effective and efficient arrangement of the bureaucracy of encouraging good governance, whether Wonosobo Regency Regulation No. 3 of 2014 is able to create efficiency and effectiveness of governance in Wonosobo, What are the obstacles and the solution? The research is a qualitative study using sociological juridical approach. Data collection methods used were observation, interview, and documentation. Then analyzed by qualitative analysis methods in order to produce a complete understanding. From the results of this research study concluded that There are two causes of delays in the implementation of the Regulation No. 3 of 2014 on the WTO technical factorsinvolves the placement of a new position at the WTO and non-technical factorsrelated to "political decision" by the government. The effectiveness of the performance of the bureaucracy as the implications of the implementation of the Regulation No. 3 of 2014 on OPD influenced by fundamental structural changes in regional organizations through the establishment of Regulation No. 3 of 2014 on the WTO which replaced Regulation No. 2 Of 2008 on Regional Government Affairs Wonosobo. The impact was to reduce 268/37% structural office with details of the total original echelon becomes 728 to 460 echelon.Downsizing and demotions office structure certainly affects the quality improvement of bureaucratic performance in delivering public services more effective, efficient in carrying out extensive local autonomy, real and responsible, Thus, thethe concept of streamlining the structure of the program structuring and management of bureaucratic apparatus becomes linear simultaneously.Keywords: Regional Organization; Good Governance.
Implementation Of Legal Protection Of Children As Victims Of Domestic Psychic Violence
Dwi Kurniawan
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3280
This research is focused on the normative legal norms and also the object of the law as the main data, they get out of control and a book of rules, which should be fine correctness of the research that has been done. The author conducted research in the area of Semarang Polrestabes. The results of this study are: (1) Implementation of the legal protection of children as victims of domestic violence can be done in two ways, namely the vicissitudes of non-penal and penal. Non-penal efforts undertaken by preemptive and preventive, while the penal effort is an attempt by the police as repressive as psychological violence in the domestic sphere occurred and reported to the police; (2) Constraints faced by the police in the implementation of the legal protection of children as victims of psychological violence in the household, namely: (a) Difficulty in finding strong evidence of child victims of psychological violence, in this case the question is about how to form psychological violence. (B) The difficulty to distinguish children who suffered emotional abuse committed by family members in a household setting. A child who is exposed to violence usually have a psychological fear to reveal their problems as a result of the perpetrator's actions. (C) The number of child victims of psychological violence for people who shut themselves in their environment and also included the police or Child Protective Services. (D) delay in reporting of family members in the household,Keywords: Legal Protection, Child, Domestic Violence.
Investigations of Corruption in Police Resort of Pati
Miftah Anshori
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3319
Corruption is an extraordinary crime, the State Police as a law enforcement tool, have a responsibility in combating corruption is to conduct the investigation of corruption. This study aims to determine: a. What obstacles facing investigators in conducting investigations and inquiries Corruption in Police Resort Pati, and b. Any solution to the obstacles faced by investigators in the investigation and investigation of corruption in the Police Resort Pati. Methods of research in this thesis with empirical sociological juridical approach, which examined the relevant legal principles of the regulatory relationship with the other regulations as well as the relation to the application in practice, in addition to analytic descriptive approach illustrates the investigation of Police against corruption. The results of the study concludes: a) Obstacles in the investigation process of Corruption today were related to the internal policy of the State Attorney Pati would only accept Corruption Case Files of Investigator with the calculation of financial loss State of BPK, that since the issuance of SEMA No. 04 / Bua.6 / Hs / SP / XII / 2016 dated December 9, 2016, which describes the authorized institutions stating financial loss State is the CPC; b) Solution for make problem solving on the problems the invertigator in the former of inverstigation coordinated directly with BPK, because the terms of demand of state loss on BPK the status of the case is invertigations. Keywords: Investigation; Police; Corruption.
Nomination of Regents Election and Head Deputy with A Couple of Candidates for The of 2017 In The District Of Pati
Supriyanto Supriyanto
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3340
The enactment of Act No. 32 2004 is a gateway democratic progress at the local level, which mandates the direct election of regional heads, but as time goes direct elections, emerging phenomenon of elections with one candidate, reflecting the absence of competition in democracy to elect candidates for local leaders. The nomination process that provides an opportunity for citizens to come forward as a potential leader of the path of individual regions or lines of political parties are still unable to stem the phenomenon of the election by one paslon. The weakening of the political party cadres to create a cadre of local leaders, and the difficulties of citizens who want to get ahead of the path of the individual in seeking support to meet the predetermined, a major factor in the increasing phenomenon of the election by one paslon in any implementation of direct election. It also occurs in Pati Regency, Central Java province on Phase Two simultaneous elections in 2017 were only followed by one candidate, that candidate H. Haryanto, SH, MM, M.Si and H. Saiful Arifin. based onit, prompted the authors to examine the management of the Regent and Vice Regent Election of Pati with one candidate in Pati regency.Keywords: Starch 2017 Elections, Elections One Paslon, Direct Election Phenomenon.
Effectiveness of Law Enforcement on Mining Crime Without Permission (PETI) in Wonosobo
Budi Raharjo
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3327
The background of this research is the rampant mining without permission (PETI) due to the mindset of society or mining entrepreneur who is not based on the exploitation of environmental awareness that will have lasting impact on the next generation. This journal aims to analyze the effectiveness of law enforcement on mining crime without permission in Wonosobo. The method used in the form of in-depth case studies, explores and elaborates on PETI mining case. While the documents studied are the Investigation Report of PETI crime suspection in Wonosobo. The analysis is concerned with the investigation of cases of PETI facts in violation of Article 158 of the Mining Act. The results of the research community was not aware of the law related to the licensing of mining, proved the existence of dredging sand in the suspect area, but the mining business is not licensed. The author suggests the socialization of law and public law for the voluntary movement of miners, so a realization that a legal substance in the Mining Act can be used as a means of protecting the public with government and environmental sustainability.Keywords: Effectiveness; Law Enforcement; Mining Crime Without Permission.
Law Enforcement Against Liquor Distribution by Police in The District of Demak
Misbakhul Munir;
Sri Endah Wahyuningsih
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3278
Issues examined in this study were (1) Implementation of law enforcement against liquor by the Police Demak. (2) Obstacles encountered. (3) How the solutions do about it. The purpose of this study was to understand, describe, analyze and assess the implementation of enforcement by the Police in combating liquor Demak. The method used is Juridical Sociological with specification of descriptive analysis, the data used are primary data and secondary data so that the data collection method used is qualitative analysis. (1). Implementation of Law Enforcement by Police in combating liquor Demak carried out by (a) Preventive measures, namely the dissemination and raids (b) repressive actions, namely investigation, investigation, prosecution and trial. (2). Barriers Police Demak in law enforcement in combating the circulation of liquor (a) factor is the law that is not yet the enactment of a special law regulating the circulation of liquor (b) Factors law enforcement, namely the limited human resources (c) Factors of facilities (d) community factors, namely the lack of legal awareness (e) Cultural factors of society violates the cultural values of society. (3) Efforts by the Police Demak to overcome the obstacles in the fight against the circulation of liquor (a) Factors law (b) Improve the quality of Human Resources (c) Adding equipment and funds (d) Conducting socialization (e) To promote cooperation between agencies Related in Demak district.Keywords: Law Enforcement, Police, Liquors.
Consideration of Semarang District Court Judge's Decision in Case Dropped Because The Crime of Defense of Emergency
Zulfikar Hanafi Bahri
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3322
This study aims to determine the basic consideration of the judge and the factors that influence their consideration of the judge in the verdict against perpetrators of criminal acts because of a defense emergency, given the motivation offenders who commit criminal acts solely for self-defense, and the factors that influence consideration of the judge in the verdict against the accused, so it took the foresight of the judges who handle it and the basis and reasoning of judges itself in implementing its decision. In completing this study, the authors use a step to find data and collect data either through the study of literature and other data sources and to analyze the subject and object data obtained through empirical juridical approach, while sampling was conducted through interviews with directional type. Based on research by the author in the location, it can be authors conclude that consideration of the judge in the verdict against perpetrators of criminal because of a defense emergency in addition based on the provisions of the Act, namely Article 49 of the Code of Criminal Law, taking into account factors about the motives of the accused in criminal offense must be solely for self-defense, so that when the verdict, can be justified by fair in accordance with the legislation and of course also the aspect of sociological and psychological defendant, to obtain a ruling that can be justified legally, morally, and religion by the judge.Keywords: Consideration; Justice; Defense; Emergency.
Implementation Of The Police Role In Doing Control And Law Enforcement Against Police In Area Community Organization Indramayu Associated With Act No. 17 In 2013 Jo. Act No. 16 2018
Sunardi Sunardi;
Sri Kusriyah Kusriyah
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3273
In this study the issues to be discussed are: Implementation of the National Police's role in conducting oversight and enforcement of the law against Society. Any barriers faced by the police in doing supervision and enforcement of the law against Social Organization. Police made solutions in overcoming these obstacles above. The methodology used by researchers is the approach empirical juridical, as for sources and types of data in this study are primary data obtained from field studies withway direct communication with the respondent or informant (CJS), And secondary data obtained from the study of literature. Based on the results of research that: the application of the national police role Indramayu in conducting oversight and enforcement of the law against Social Organization that efforts emptive, ie policing effort in order to provide guidance to the public through the development activities of the community that runs from the function Unit Binmas, such as providing information to the public, placement Bhabinkamtibmas in every village one member the Police; Barriers faced is insufficient budget for operations; In the displacement of the secretariat of CBOs, CSOs are rarely reported to the Police Indramayu; Shortage of Human Resources in terms of the establishment of the superintendent; Solutions to overcome these obstaclesthat Bakesbangpol only as a facilitator who records a list of community organizations and in coordination with the central government, while the direct supervision of the CSOs do not have the authority expressly in supervision, coaching, and dissolution of CSOs. Keywords: Implementation; Monitoring; Enforcement; Community Organizations.
Separate Filing (Splitsing) In Criminal Case Management
Hidayat Abdulah
Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i2.3292
In the implementation of the criminal case handling a lot of things that can be done to perfect evidence is the failure by one of them is doing a separate filing (splitsing). In Article 142 Criminal Procedure Code stipulates that the public prosecutor has the authority to separate docket (splitsing) against each defendant if found lacking evidence and testimony, as well as other matters that are not included in the provisions of Article 141 of the Criminal Procedure Code. Separation of the case must be based on solely the purpose of examination. That's what makes the public prosecutor has the authority to determine the case file should be separated (splitsing) or not. The purpose for doing the separation of the case file (splitsing) is to facilitate the enforcement of the prosecutor when the court process, to strengthen the evidence for lack of evidence when the process of verification, then a criminal offense committed by the offender more than one and the same time one of these actors into the search list (DPO) which allow splitsing.Keywords: Separate Filing; The Criminal Case.