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Arifin, Jajang
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Law, Crime, Criminology & Criminal Justice

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POLITIK HUKUM DAN SISTEM PEMBANGUNAN HUKUM PIDANA INDONESIA Indra Ariska, Dudung; Arifin, Jajang
Yustitia Vol 3 No 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.32

Abstract

The development of Indonesian law is an actualization of the existence of a state of law (the Rule of Law) and also it is an effort to build a quality of Indonesian people, where development of this law will not be separated from the role of political law that gives the direction of our legal system will run. Development should not ignore changes of law in the structure of society and the changing times. Therefore a good law is a law that can respond to the needs of society, therefore the law can also be referred to as a means of social engineering (law as a tool of social engineering) In the implementation of the formation of draft laws to be made, not only should observe the policies of the law, will but it is also very important to note in this case forming elements of a draft law, which the constituent elements are matters relating to the principles of both the formal principle that is the form of the draft legislation and the principles of materiel concerning the content or substance of the bill and then the foundations up to the charge of material that will be described in the draft legislation. Thus benefit from the establishment of these laws can be felt by the entire people of Indonesia, also in this case do not ignore this aspect of the rule of law itself, which is a function of the formation of a statute.
PENEGAKAN HUKUM BERDASARKAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KITAB UNDANG-UNDANG HUKUM PIDANA DIKAITKAN DENGAN PUTUSAN PENGADILAN NEGERI INDRAMAYU NOMOR: 79/PID.C/2013/P Hidayat, Taufik; Arifin, Jajang
Yustitia Vol 3 No 2 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i2.51

Abstract

Theft as arranged in Article 362 of the Criminal Code, it is a basic principle of theft of crime in general, so that Law Enforcement Apparatus such as Police, Prosecutor and Judge in handling theft cases refer to that Article. Whereas in addition to the article there is also article 364 of the Criminal Code which regulates specifically about theft limits of not more than Rp. 2.50, - (two hundred and fifty rupiah) is a light theft. The Supreme Court on February 27, 2012 has issued the Supreme Court Regulation Number 2 of 2012 on Adjustment of Limitations of Light Criminal Act and Penalties in the Criminal Code to be referred to the Law Enforcement Apparatus in Handling Light Theft. The study aims to examine the detention procedure conducted by the investigator and the prosecutor against the defendant in the criminal case register No. 79 / Pid.C / 2013 / PN.Im pursuant to the Supreme Court Regulation Number 2 of 2012 on Adjustment of Mild Crimes and Amount of Penalties in the Criminal Code, and to know the legal considerations of the Panel of Judges in the judgment of the defendant in a criminal case register Number: 79 / Pid.C / 2013 / PN.Im.
PERLINDUNGAN KONSUMEN ATAS WANPRESTASI DEVELOPER TERHADAP BANGUNAN KPR BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Arifin, Jajang
Yustitia Vol 5 No 2 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i2.91

Abstract

The binding agreement on the sale and purchase of land and buildings is a preliminary agreement prior to the signing of the legitimate deed of sale and purchase, containing the provisions of sale and purchasing regulations, which stipulates the legal provisions of the sale and purchases party. The parties bound in the agreement should mutually carry out their obligations and accept their rights. The developer is obliged to build and give the land and its buildings to the consumer. This study used a doctrinal legal research model with the method of statutory approach. The research specification is analytical descriptive which refers to the use of secondary data. In this study, the researcher examined the legislation and other literature data which were subsequently analyzed qualitatively. This study intended to determine the legal protection for consumers of developers who do default, and to find out sanctions for developers who do default on consumers based on the constitution No. 8 of 1999 concerning consumer protection. After conducting a complete study or analysis of this case, it can be concluded that the buyer as a consumer is entitled to get legal protection for defaults from the developer. It is because between the two, there is a bond in a binding agreement of sale and purchase. The developer has violated article 8 section (1) letter f, article 7 letter a, article 4 (letters a, b, c and h), article 16, article 19, and article 62 section (1) and (2) of the constitution regarding the consumer protection law (UUPK). Other criminal threats for developers who build housing without the comply from the agreed criteria, specifications, and requirements, are set out in article 134 in conjunction with article 151 number 1 of 2011 of the constitution concerning housing and settlement areas, namely a maximum fine of 5 billion rupiah.
FUNGSI HAK ANGKET DEWAN PERWAKILAN RAKYAT UNTUK MELAKUKAN PENYELIDIKAN TERHADAP PELAKSANAAN UNDANG-UNDANG Sumartini, Siti; Arifin, Jajang
Yustitia Vol 6 No 1 (2020): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v6i1.97

Abstract

The inquiry right of the House of Representatives (DPR-Dewan Perwakilan Rakyat) is the right of the DPR to conduct an investigation of the implementation of laws/government policies relating to important things, strategic, and broad impacts on the life of the community, nation, and state suspected of being in conflict with the law regulations. The DPR's inquiry rights relating to the implementation of the DPR's oversight function are “an institutionalized system, involving the effectiveness and regularity of restrictions on government actions”. According to the definition above, the questions arise is what is the position of the inquiry rights in the implementation of the DPR's oversight function on the implementation of a law? What is the implication of the Constitutional Court's decision Number: 36 / PUU-XV / 2017 for the implementation of the DPR's inquiry right to the Corruption Eradication Commission (KPK – Komisi Pemberantasan Korupsi)? The study was conducted using a normative juridical approach (legal research). In this case, testing and reviewing secondary data are done relating to the problem to be discussed. The inquiry right is not the right to know about the possibility of a crime in a case. The inaccuracy in the conception of the inquiry right which is also shown in its implementation such as the DPR investigating the Bullogate, BLBI cases and others can (even) distort the function of the DPR in the formation of laws (legislation) or oversight of the implementation of government tasks and state spending, including the appointment of public officials in the form of public officials, approval or rejection, or in the form of giving consideration by the Parliament. Therefore, if the function is expected to be carried out effectively, dynamically, and naturally, changes to the MD3 Law must be initiated primarily by members of the DPR itself. There must be a strong desire from the members of Parliament to reposition themselves as representatives of the people who are aspirational and serve the interests of all the people they represent. This strong desire will manifestly manifest, if they are not restarted, because they are opposing the party's policy line.
Co-Authors Indra Ariska, Dudung Siti Sumartini, Siti Taufik Hidayat