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Law Enforcement Of Crime Operation Power Installation Without Certificate Of Operations Eligible Under The Constitutional Court Decision Number 58 / Puu-Xii / 2014 (Overview Against Article 54 Paragraph 1 Of The Act Number 30/2009)
Alfian Faulia Numairi;
Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v2i2.5551
Electricity policy in encouraging the ease of trying to become the hope of many parties. Act Number 30 of 2009 on Electricity requires that any electrical installation has the operational acceptance certificate (SLO). Based on the operational acceptance certificate as a prerequisite for enjoying the flow of electricity, as a discrimination against citizens and compounded by the threat of imprisonment related to the waiver provisions. The Constitutional Court is authorized to reconcile the justice seekers in the nation's leading citizens equal rights and away from discrimination. This study departs from problems such as the following: 1) How do criminal acts of law enforcement on power installations operate without a certificate of operation acceptance; 2) What factors affect the law enforcement of criminal acts operating electric power installations without a certificate of operation worthiness.This study uses empirical juridical approach to the type of descriptive analytical research. Data used by researchers there are two types of primary and secondary data. Primary data were obtained through interview and secondary data obtained by the engineering literature study.Based on the results, it can be explained that: 1) Law Enforcement Crime operate Installation Power Without Eligible Certificate of Operation, originated from Central Java Police open investigation investigators through interviews, with the results known to the criminal offense of electricity. Further enhanced the status of the investigation into the investigation process. At this stage of the prosecution, the public prosecutor indicted the suspect in the first alternative charges which violates Article 49 paragraph (2) or second violation of Article 54 paragraph (1) of Act Number 30 of 2009. 2) The factors that affect law enforcement Crime operate Installations power Without Eligible Certificate of Operation is the socialization factor that is still weak, criminals who do not know about the legal norms in Act Number 30 of 2009,Keywords: Criminal; Operational Acceptance Certificate; Electricity
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.
Mining Criminal Administration Without Permission (PETI) Theories, Facts, And Implementation
Arif Rachman Wahyu Wicaksono;
Gunarto Gunarto
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.v2i3.5670
This study aims to Obtain a new direction of PETI's criminal law enforcement that can be is implemented. Meanwhile, the research method used is a study of literature and cases around illegal and an analysis of a variety of developing thoughts and ideas. Based on the results of research and discussion, it was concluded that the implementation of the criminal administration in illegal was based on the principle of protecting common interests. The criminal application of illegal administration aspects contains three items, namely legal rules, government authority and legal relations. The legal rules are Formulated in the Mining Law and the legal relationship between the government as the mining manager and mining business stake holders through legal licensing instruments.Keywords: criminal administration; mining; licensing
Effect of Pattern Formation of Prisoners in The Correctional Institutions of Recidive (Case Study in Class II B Correctional Institution of Majalengka)
Agus Yuliana Indra
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.v1i3.3346
To implement the penal system for prisoners needed community participation both during development and acceptance of returned prisoners who have completed their criminal past. Commitments on at least can be a positive contribution to the process of coaching inmates who in turn can minimize the repetition of criminal acts. Connecting to the problems above who want revealed in this research is how development patterns inmates at Correctional Institution IIB of Majalengka classes and how the influence of development patterns against the repetition of crime (Recidive). The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Types and sources of data used are primary data and secondary data. Data collected through the study of literature and interviews, while the juridical analysis using qualitative analysis. From the research we concluded that the pattern of development in the Penitentiary correctional IIB of Majalengka class represents the continuum of criminal law enforcement practice can not be separated from the development of general conception of the criminal prosecution. While the influence of development patterns prisoners against the repetition of criminal offenses (recidivism) on Prison Class IIB of Majalengka is still a lack of mental development also coaching skills to inmates that resulted in former inmates do not have the mental well and the skills needed to live her life outside of Prison Class IIB of Majalengka so the prisoner repeated his evil deeds.Keywords: Pattern Development, Prisoners, Recidive.
Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)
Asep Suherdin;
Maryanto Maryanto
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.v2i4.8357
The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.
Application of Criminal Sanctions Against The Crime of Child Rape Linked with Article 82 of Act No. 35 of 2014 Concerning The Protection of Children
Ervin Faizal Nurdiansyah
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.v1i3.3384
This study aimed to analyze the application of criminal sanctions against child rape. Legal issues that arise in this research include: How the application of criminal sanctions against criminal fines rape of children in the jurisdiction of Polresta Cirebon, and How the effectiveness of the application of criminal sanctions against perpetrators of child rape fines in Polresta Cirebon Jurisdiction. This research is a normative law and empirical legal research based on the consideration that in addition to leaving of the Act, the researchers also explored what is in the field related to the title of the researchers adopted, it can be concluded that the application of criminal sanctions penalties against perpetrators of criminal acts of rape of children Polresta Cirebon Jurisdiction in accordance with article 82, paragraph (1) and (2) of Act No. 35 of 2014 on Child Protection that the penalties are imprisonment of at least five (5) years and a maximum of 15 (fifteen) years and a maximum fine of Rp 5,000,000,000.00 (five billion rupiah). While the effectiveness of the application of criminal sanctions against child rape because the victim has not been effective enough that the injured party did not receive material compensation to pay for treatment and rehabilitation. For offenders, penalties are less able to provide a deterrent effect because the perpetrators are not able to pay these fines can be replaced with imprisonment for a long time very briefly. While the effectiveness of the application of criminal sanctions against child rape because the victim has not been effective enough that the injured party did not receive material compensation to pay for treatment and rehabilitation. For offenders, penalties are less able to provide a deterrent effect because the perpetrators are not able to pay these fines can be replaced with imprisonment for a long time very briefly. While the effectiveness of the application of criminal sanctions against child rape because the victim has not been effective enough that the injured party did not receive material compensation to pay for treatment and rehabilitation. For offenders, penalties are less able to provide a deterrent effect because the perpetrators are not able to pay these fines can be replaced with imprisonment for a long time very briefly.Keywords: Criminal sanctions; Child Rape; Child Protection.
Analysis On Drug Crime Distribution (G List) Kind Of Narcotics (Case Study In Court Decision In Region III Cirebon)
Iin Khaeriyatun Ni'mah;
Sukarmi Sukarmi
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.v2i4.8436
The problems of this study are: 1) How is the consideration and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List)? 2) What are the constraints in finding criminal offense trafficking of drudgs (G List)? 3) How do the efforts and solutions should be executed against the crime of trafficking of drudgs (G List)? Method sociological approach juridical law and specification in this study were included descriptive qualitative, The sources and types of data in this study are primary data obtained from interviews with field studies Security Chief Penitentiary (KPLP) Narcotics Prison Cirebon, And secondary data obtained from the study of literature. The problems studied by the theory of law enforcement, legal protection and law enforcement.Results of the discussion concluded: Considerations and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List) is to explicitly give appropriate consideration to the evidence in court, and a commitment to provide deserving punishment against criminal trafficking of drudgs G List. Obstacles in finding criminal offense trafficking of drudgs (G List) can be divided into the causes of the dealers and the causes of the user side, while the limiting factor of the dealers, namely Factors Poor Understanding of Law, Economic Factors, Environmental Factors Society, Factor Surveillance as well as factor constraints of the users, namely lack of evidence to arrest and lack Guide Report from Community. Efforts and solutions should be executed against the crime of trafficking of drudgs (G List) is through legal counseling on the dangers of drug distribution of G List, Doing arrest on drug users G List then perform a search pusher G List, Cooperate with BPOM in drug distribution of G List.Keywords: Crime; Distribution; Drug; G List; Narcotics.
Standard Operating Crime Investigation Traffic Accidents
M Farid Amirullah
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.v1i3.3411
History Traffic in Indonesia can not be separated from the development of the world Automotive technology, which originated from the discovery of the engine with petroleum fuels. In the days of the Dutch East Indies government then ruled Indonesia started bringing vehicles wheel 4 and wheel 2 to Indonesia, causing traffic activity. And when the car and motorcycle multiply causing many problems - the problems of traffic, such as traffic violations and accidents. Given the above, of course of police duties particularly Traffic Police Unit increasingly severe, in the sense of Traffic Police Unit should continue to maintain and improve the technical capacity of the police in order to deal with problems like traffic violations and traffic accidents, in addition to the Police Unit Then Trails should be able to provide a breakthrough in order to increase awareness to the public about the correct procedures and safe traffic and police action to reduce the number of traffic accidents on the road. For that to improve the professionalism and quality of work performed is necessary to standardize the work that will be used as working guidelines called the Standard Operation Procedure (SOP)Keywords: Standard Operating Procedure; Investigation; Traffice Accident.
Police Role In The Effort Management And Control The Fight Between Youth In Making Public Order In The Blora Regency
Zaenul Arifin;
Sukarmi Sukarmi
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung
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DOI: 10.30659/jdh.v3i1.8400
Group fights criminal acts defined as crimes of violence together as provided for in Article 170 of the Criminal Code. Data from Blora Regency police indicate that a fight between youth always the case in every year in the Blora Regency. This study aims to determine the role of the police in handling and overcoming a fight between youth, barriers and solutions in realizing the public order in Blora. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, while the data collection method is field studies and literature. Using data analysis methods of qualitative analysis. The analysis used as knife crime prevention theory, theory and the theory of the role of law enforcement. The results showed that the role of the police in handling and overcoming a fight between youth in realizing the public order in Blora is through the efforts of non penal (preventive) and attempts penal (repressive). Barriers arising in the treatment and prevention of fights between youth to realize the public order in Blora is the number of police personnel limited, the police difficult to present witnesses so that not all the perpetrators can be arrested, the third party to interfere in the settlement of the problem, and the lack of awareness Public.Keywords: Role; National Police; Prevention; Fights Between Youth.
Traffic Accident Analysis in Prosses Evidence in Traffic Accidents Based on Act No. 22 of 2009
Rudiana Eka Pramana Putra;
Akhmad Khisni
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.v1i4.4138
Proof play an important role in the process of examination of the court, the development progress in the field of information technology and telecommunications, also developed the theories and practices of the use of evidence outside of a predetermined in the procedural law in Indonesia The problems of this study are: traffic accident analysis methods in the process of proving the traffic accident under the Act No. 22 of 2009. Obstacles and solutions in traffic accident analysis methods in the process of proving the traffic accident under the Act No. 22 of 2009.The research approach used adalan normative research. Empirical normative legal research. Data obtained from the study will be analyzed using qualitative methods of normative analysis.Based on this study, the result that the completion of a traffic accident encountered on the streets and certain times and considered as a routine activity, because over the task of administrative services in the field of vehicle or driver in addition to the public discipline road users is still very low. If there is no presence of members of the Police / Traffic Police physically there is a tendency offense by violating traffic signs. So for the purpose of realizing Kamseltibcar Kudus Resort Police and increased professionalism Police Traffic Accident Analysis required implementation by implementing the handling of traffic accident right scene.Keywords: Law Enforcement; Criminal Law Advisory; Traffic Accident Analysis Proof of Traffic Accidents.