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EVALUATION OF THE APPLICABILITY OF INDONESIAN CRIMINAL PROCEDURE CODE ROYANI, ACHMAD; ISNAINI, ENIK; WINARNO, JATMIKO
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.178

Abstract

AbstractionEven though it was promulgated more than 40 years ago, the Criminal Procedure Code(KUHAP) is still the main reference for the operationalization of the criminal justice systemin Indonesia. During the same period, the practice of criminal procedural law developed sorapidly and slowly revealed imperfections in the basic building and design of the criminaljustice system regulated in the Criminal Procedure Code. The Criminal Procedure Codeaudit was prepared with the aim of providing a complete portrait of the problematicIndonesian criminal procedural law based on factual evidence in judicial practice. In the firstpart, the context of the analysis is aimed at regulatory gaps and deviations shown at theimplementation level. The basic assumptions built regarding the integrity and integration ofthe Indonesian criminal justice system are tested by basing them on empirical research andobservation, including an in-depth review of court decisions. This research also records thecurrent dynamics of criminal procedural law which are translated, formed, and reinterpretedby the courts, including through cases tried by the Supreme Court and the ConstitutionalCourt.
REGULATION OF FINGERPRINTING IN CRIMINAL CASES IN INDONESIA: AUTHORITIES AND LIMITATIONS SUISNO, SUISNO; ISNAINI, ENIK; ROYANI, AHMAD; ROCHMAWANTO, MUNIF; MULJONO, BAMBANG EKO
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.214

Abstract

AbstractIn the stage of the criminal case investigation process will be carried out through severalprocesses, one of which is by taking fingerprints. Fingerprints, which in English are calledfingerprints or ductyloscopy, are taken in the investigation process for further examinationof evidence that may be left at the scene of the crime. This research is a normative legalresearch that reveals two main problems, first: What is the legal basis for taking fingerprintsinrevealingcriminalacts,second,howistheauthorityofinvestigatorsintakingfingerprints to reveal criminal acts. In taking fingerprints until now there has been nospecific regulation, the name in the implementation of taking fingerprints of the Police isbased on Law Number 2 of 2002 concerning the republic police and Law Number 8 of 1981concerning criminal procedure law. And the authority of investigators in taking fingerprintsis contained in Article 15 letter h of the Law on the Indonesian National Police (Law of theRepublic of Indonesia Number 2 of 2002) Jo Article 7 paragraph 1 of the CriminalProcedure Code (KUHAP).
Enforcement of the Crime of Money Laundering in Digital Financial Transactions Ningtias, Ayu Dian; Sastradinata, Dhevi Nayasari; Isnaini, Enik; Suisno
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.265

Abstract

Abstract These financial crimes can range from theft, fraud to taking advantage of other parties in the financial industry, for example: account theft, ATM browsing, credit card fraud, fake draws. Several cases of terrorist financing use digital payments as a means of online funding. There is also evidence that corrupt actors use digital payments to hide the proceeds of their crimes. This situation can certainly threaten economic stability and the integrity of the financial system. Therefore, a comprehensive regulatory framework through the establishment of.fintech legislation needs to be developed to maintain the integrity of digital payments and strengthen the government's regulatory function. Terrorist financing is even included in financial crimes: apart from hiding and protecting the origins of the proceeds of crime, it is also included in financial crimes in the money laundering group.
Limitation of State Control Rights over Natural Resources in Renewable Energy Management Ningtias, Ayu Dian; Rochmawanto, Munif; Isnaini, Enik
Jurnal Independent Vol. 12 No. 1 (2024): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i1.305

Abstract

Abstract The concept of new energy management policy and renewable energy in maintaining national energy security through the first three properties, private property, namely ownership rights held by individuals or legal entities although it does not mean that it provides private ownership rights over certain natural resources but provides opportunities for individuals to manage natural resources to get certain benefits. Second, common property, namely ownership rights held by groups or can be referred to as "customary rights" in indigenous peoples in Indonesia. Third, state property, namely the right of ownership and control over natural resources is in the hands of the state, with the instrument of "right to control the state". Through government agencies, they can manage their own natural resources as well as SOEs. States can also grant authority to individuals or business entities or cooperatives or communities to manage natural resources.