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514 Documents
Handling Of Crime Case Relating To The Land By A Police Investigator
Sigit Prihanto
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.v1i2.3321
Handling the criminal case related to the land both by investigators, prosecutors and judges must advance the exact seat keperdataannya legal status. The handling of criminal cases the object of land should be done carefully and cautiously through the understanding of the anatomy of the case and from the evidence of civil owned by the parties. It aims to prevent the engineering / coercion case which is basically a pure civil dispute, eventually used as criminal assault. To deal with this phenomenon, law enforcement agencies have issued policies on formulatif / legislation containing about pending examination of crime related / object land. At the level of the Supreme Court there is a Supreme Court Regulation No. 1 of 1956 and the Supreme Court Decision Number 628K / Pid / 1984. At the level of the Attorney General has issued Circular Letter of the Attorney General for General Crimes No. B-230 / E / EJP / 01/2013. While in the police has been no regulatory policies relating thereto. However, in practice the investigators make policies and regulations issued by the Supreme Court and the Attorney General as guidance in handling the criminal case related to the land. It is for the sake of effectiveness and efficiency in the framework of an integrated criminal justice system. While in the police has been no regulatory policies relating thereto. However, in practice the investigators make policies and regulations issued by the Supreme Court and the Attorney General as guidance in handling the criminal case related to the land. It is for the sake of effectiveness and efficiency in the framework of an integrated criminal justice system. While in the police has been no regulatory policies relating thereto. However, in practice the investigators make policies and regulations issued by the Supreme Court and the Attorney General as guidance in handling the criminal case related to the land. It is for the sake of effectiveness and efficiency in the framework of an integrated criminal justice system.Keywords: Offense; Land; Police.
Gap State Finance Law In General Services Agency Regional (Blud) The Potential To Cause Corruption Crime
Risky Eko Novi Artanto;
Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v2i3.5640
This research is motivated persistence of financial irregularities in the management of Public Service Agency (BLUD) in the form of illegal action by way of irregularities contained in the establishment and administration of the managerial incentives that resulted in financial losses of any element of State. The purpose of this study is to analyze and explain the legal gaps in the State Treasury General Services Agency (BLUD) potentially Corruption. The method used in this paper qualitative descriptive case study case number Sprin. Evidence/ 314 / IV / 2018 / Reskrimsus, with normative juridical approach. Based on this research, that the financial legal gaps in the State Public Service Agency, which is used by the perpetrators of corruption is a way of cutting managerial remuneration or incentive structural officials Fiscal of 2014-2016 conducted by the offender, resulting in state losses of Rp. 4227319755.Keywords: Legal Loopholes; Public Finance; Corruption.
Restorative Justice in Application for Crime Investigation on Property
Ragil Tri Wibowo
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.v1i2.3335
Restorative Justice or mediating a settlement out of court or in the absence of legal proceedings, a form of means to enforce the laws that promote justice for those who were litigants. In addition there is the meaning contained in the Restorative Justice or settlement out of court legal settlement that is the rapid acceleration by not leaving the rights of each party and in accordance with the laws of life (living law) which is part of the customs that exist in Indonesian society. However Restorative Justice and mediation in Indonesia there is no definite legal umbrella so that the rule of law has not regulated the process of implementation, but reality on the ground Restorative Justice or mediation process has been commonly carried out and have a positive impact. In the most preferred law enforcement is a sense of justice both the victim and of the perpetrator so that mediation between the parties is very influential in the settlement. In the implementation of Restorative Justice and mediation can only be carried out against the legal process done by children as offenders (minors) with Diversi term, but for other general criminal cases there are no rules that govern them. Restorative Justice and mediation have often carried out in developed countries, but in Indonesia there is no definite rules related to the implementation, therefore we are pushing for the parties berkompenten about the manufacture or preparation of regulations on the enforcement of the failure by a review of the application of Restorative Justice in common criminal case.Keywords: Investigation; The Law Of Life; Restorative Justice.
Role And Function Of Attorney In Order To Optimize The Prevention Of Corruption Through Establishment Of TP4P/D (Case Studies In State Attorney Of Grobogan)
Abdul Haris;
Umar Ma'ruf
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v2i4.8287
Corruption or rasuah is the act of a public official, either politicians nor government employees, as well as other parties involved in the action that is not fair and does not legal. It is very necessary to do eradication and prevention in a planned and measured by the Government. The purpose of this study was to describe, assess and analyze on the Role and Functions of The Attorney in Order to Optimize the Prevention of Corruption Through The Establishment of The Guards and Security Governance and Development Center / Regional (TP4P / D). This study uses empirical juridical approach, with specification of descriptive analytical research. The data used in this research is secondary data obtained through library research and primary data obtained through field research were then analyzed qualitatively Policy Implementation theory, and the theory of the authority. The results of this study are: Role and Functions of the Attorney in order to optimize the Prevention of Corruption through the establishment of the Guards and Security Governance and Development Center / Regional (TP4P / D) is not an assignment and new functions given to the Attorney of the Republic of Indonesia, duties and functions TP4P / D preexisting regulated in Act No. 16 of 2004 concerning the Attorney RI and has been written in the Regulation of General Attorney of the Organization and Work Procedure Attorney of the Republic of Indonesia. Keywords: Prevention; Corruption; Attorney RI.
Public Policy Analysis by The Government of Pati on Negative Impact of Prevention of Karaoke for The Tourism Businesses
Sema Ardianto;
Widayati Widayati
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i3.3355
Pati Regency is a potential area in terms of tourism development, in addition to a relatively wide area is also crossed by lanes north coast. So often tourists from other regions that could pass stopover to rest and enjoy the tourism facilities in Pati. one tourism in Pati are tourism enterprises of karaoke. Karaoke tourism businesses experience rapid growth in every year. However, the tourism business is growing very rapidly karaoke if not offset by a provision concerning how the karaoke business is operational in accordance with properly, causing this karaoke tourism business potential for misuse to be a place of prostitution. Circumstances such as this would require local governments to adopt policies in addressing the phenomenon of tourism in the district of Pati. Especially tourism type of karaoke, karaoke business for the existence not adversely affect the community in the district of Pati. This research used socio-juridical approach. Data were obtained by means of field research, then the data is analyzed by qualitative descriptive analysis. The results showed that the measures taken by the District Government Pati experiencing constraints in its implementation in society.Keywords : Analysis, Public Policy, Tourism, Karaoke.
The Foreclosed Collaterals As A Resolution For Bad Credit In Indonesia Banking System
Sriwati Sutomo
Jurnal Daulat Hukum Vol 4, No 4 (2021): December 2021
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v4i4.18061
This research aim to understand the condition when a customer is no longer able to pay or repay a loan is called bad credit. This condition can actually cause many problems, ranging from difficulties in obtaining credit approvals to blacklisting by the bank. Collaterals are one of the requirements from the Bank when giving credit loans so that those collaterals can guarantee the credit’s acquittal should the debtor be breached. If there is a case of bad debts, banks have the option to solve the credit loan through the process of Foreclosed Collaterals. This journal is written on a legal and juridical-normative research, emphasizing the usage of written documents as the main sources of law. The collateral purchases are written in Article 12A Number 10 of 1998 of the Constitution on how banks may purchase the collaterals with or without auctions to solve bad credits even faster. Considering that Article 20 of the Constitution on Mortgage Rights has already written ways on collateral executions, therefore the warrant payment will follow the option of Foreclosed Collaterals. Reporting from the official website of Bank Indonesia (BI), to minimize the risk of increasing bad loans, BI issued PBI (Bank Indonesia Regulation) No. 14/2/PBI/2012 concerning APMK (Card-Based Payment Instruments). The regulation was made to reduce the risk of negative impacts from using credit cards as debt instruments to the extent that they reach excessive limits. Using statute and conceptual approaches, it is inferred that Foreclosed Collateral purchase procedures can be done in 3 (three) different ways, followed through the Settlement Efforts, where the ownership of the collaterals must be switched to another in 1 (one) year time.
The Legal Consequence Of The Judge Decision In The Case Of Children Criminal Justice Which Do Not Based On Society Research From Society Supervisor (Studies on Settlement Case of Children Crime In State Court of Cirebon)
Tasmo Tasmo;
Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v2i4.8362
This study to answer the question: 1) The legal consequences of the Juvenile Judge decision who do not based the Society Research (Litmas) of Society Supervisor (PK) in the State Court of Cirebon, 2) The value of justice verdict child in considering Society Research (Litmas) of Society Supervisor (PK) in the State Court of Cirebon.The approach used in this study is a sociological juridical approach. The kind of this research is descriptive analysis. Data were collected by interview and literature method. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies State Court of Cirebon, and secondary data obtained from the study of literature.The final conclusion is: 1) The legal consequences of the judge's decision not to consider children who Litmas Results PK Bapas under Article 60 of Child Law Criminal Justice System, child verdict is declared null and void, and the cancellation do not require cancellation; 2) Society Research (Litmas) Society Supervisors (PK) Correctional Center did not bring a positive impact to deliver a fair verdict and best for the child, when the judge makes it just as a mere formality and not as consideration verdict. Put forward suggestions: 1) It should be implemented in law changes SPPA clearly so Litmas PK Bapas not only as a formal requirement child judges in decisions; 2)Institutions should set up an oversight judge to judge that the judge's ruling the child can be declared as null and void the decision, and the judge supervision should stipulate that convicted child can not be executed by the Public Prosecutor.Keywords: Law Effects; Judge Decision; Child Crime; Society Research; Society Supervisor.
Duties and Powers of The Department of Public Works and Spatial Planning in The Implementation of Road in Kendal
Nabella Maharani Novanta
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i3.3401
This study discusses the role of the Department of Public Works and Spatial Planning in the implementation of the road in Kendal. Here is more towards the implementation of the supervision. Research problems concerning form of oversight, relations with relevant institutions, as well as the obstacles faced by the Department of Public Works and Spatial in Kendal. To answer these problems required legal research activities, using empirical juridical approach. Sources of data obtained through interviews with sources as well as legislation, legal theory, and the opinions of the leading scholars as support material, and then analyze it in order to get an answer scientifically.Keywords: Local Government; Roads Implementation; Monitoring.
The Role of Judicial Commission on Supervision of Judge’s Crime in Indonesia
Ahmad Firmanto Prasedyomukti;
Rakhmat Bowo Suharto
Jurnal Daulat Hukum Vol 1, No 4 (2018): December 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i4.3931
This booklet is designed to examine the effectiveness of the Judicial Commission's role in the supervision of judge’s crime in Indonesia, as well as existence. Based on the discussion, we can conclude: 1) The role of the Judicial Commission in the framework of the supervision of judge’s crime has not been effective, due to the legal existence of the Judicial Commission recognized but on a practical level does not have the authority to impose administrative punishment on their own, the Judicial Commission had no authority investigations against the judge found to have violated the rules of the criminal. 2) Need for reconstruction of the existence of the Judicial Commission under the supervision of judge’s crime offense, so there is a balance between the authority of the Judicial Commission and the follow-up comprehensively.Keywords: Judicial Commission; Supervision; Judge.
Sistem Pemidanaan Terhadap Pelaku Tindak Pidana Penyalahguna Narkotika
Dafit Supriyanto Daris Warsito
Jurnal Daulat Hukum Vol 1, No 1 (2018)
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v1i1.2562
ABSTRAKPenyalahgunaan narkotika dikualifikasikan sebagai tindka pidana dalam Undang-undang Nomor 35 Tahun 2009 tentang Narkotika.Penerapan system pemidanaan terhadap pelaku tindak pidana penyalahguna nakotika mengedepankan pendekatan humanistic yangmemperhatikan prinsip individualisasi pidana dalam penggunaan sanksi pidana sebagai salah satu sarana penanggulangan kejahatan.Pada hahekatnya pelaku penyakahguna narkotika juga merupakan korban yang membutuhkan pertolongan medis. Penerapan tindakan berupa rehabilitasi medis dan social bertujuan untuk memperpaiki keadaan diri penyalahguna narkotika agar terbebas dari ketergantungan narkotika sehingga dapat kembali ke masyarakata secara wajar.Kata kunci : penyalahguna narkotika, rehabilitasi medis dan socialABSTRACTNarcotics abuse is qualified as a criminal offense in Act No. 35 of 2009 about Narcotics. The implementation of punishment system against perpetrators of criminal acts of narcotic advocates a humanistic approach which takes into account the principle of criminal individualization in the use of criminal sanctions as one means of crime prevention.Drug abuser perpetrators are also victims who need medical help. The implementation of the action in the form of medical and social rehabilitation aims to improve the self-condition of narcotics abusers in order to be free from narcotics dependence so that they can return to normal society.Keywords: narcotics abusers, medical and social rehabilitation