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All Journal JURNAL HUKUM Journal Hukum Khaira Ummah Jurnal Dinamika Hukum Jurnal Hukum IUS QUIA IUSTUM Jurnal Daulat Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung
Anis Mashdurohatun
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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Model Fair Use/Fair Dealing Hak Cipta Atas Buku dalam Pengembangan IPTEK pada Pendidikan Tinggi Anis Mashdurohatun; M. Ali Mansyur
Jurnal Hukum IUS QUIA IUSTUM Vol. 24 No. 1: JANUARI 2017
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol24.iss1.art2

Abstract

This research is to study: first, how is the model of fair use/fair dealing of Copy Right of Book in the development of Science and Technology in higher institution based upon the moral right, economic and social rights? Second, what things are deemed important as the base in measuring the use of book properly and equitably for many parties? This research was conducted using the juridical sociological approach. The result of the research showed that first, the model of fair use/fair dealing of Copy Right in developing the Science and Technology in Higher Institution based upon the aspects of moral right, economic right, and social right that is by balancing the elements of fair use/fair dealing towards the creator in State Higher Institutions and Private Higher Institutions, Publisher/IKAPI/YRCI/LMK, Book Store/Cooperation, Institute for Research and Community Service, Library Institute, Researchers/Lecturers/Students for creating the accessible, affordable and qualified books.  Second, the existence of MoU/cooperation between the Institute of Higher Education and the publishers/YRCI/ Collective Management Organization and Photocopies Entrepreneur through a licensing agreement by paying amount of money for royalties, the realization of book circulation which is comparable with the creation of decent appreciation to Writer.
Development Of The Criminal Justice System: Initiating LPSK As A Criminal Justice Subsystem In Indonesia I Putu Angga Feriyana; Anis Mashdurohatun; Arpangi Arpangi
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8386

Abstract

The development of the Criminal Justice System has led to efforts to initiate LPSK as a Criminal Justice Subsystem. The aim is to provide maximum protection to witnesses and victims of crime. The research method used is normative juridical with statutory approach, and descriptive analytical specifications. The results of the study concluded that the victimology study was a challenge for the Criminal Justice System, which had so far not paid attention to the interests of victims. Efforts to initiate LPSK as an Integrated Criminal Justice Subsystem in Indonesia are based on the importance of the institution's position in providing protection and services to victims of crime, so there is good coordination and cooperation between LPSK and other law enforcement institutions.Keywords: Development; Criminal Justice System; Initiating; LPSK.
Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction) Endang Kusnandar; Anis Mashdurohatun; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8395

Abstract

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.
Implementation Of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study On Jurisdiction Central Java Regional Police) Nizar Anwar; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5556

Abstract

This study, entitled "Implementation of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study In Region Central Java Regional Police)". Based on the description in this thesis, that will be examined are: 1). How does the application of criminal sanctions against the crime of mining without a license in the jurisdiction of the Central Java Regional Police? 2). Is it true that criminal sanctions against mining without permission a criminal offense can be a deterrent effect? 3). How the barriers and solutions so the application of criminal sanctions against the crime of mining can be a deterrent effect?The study concluded that: 1). Penal provisions against the crimes mining unlicensed / illegal mining regulated in Act Number 4 of 2009 on Mineral and Coal, under Article 158, Article 160 Paragraph (1) and Paragraph (2), Article 161, Article 163 Paragraph ( 1) and Paragraph (2), and Article 164. 2). Act Mineral and Coal just set the maximum threat. This is impacting on the demands of the Public Prosecutor and the decision to be handed down by the judge. In the absence of a minimum penalty, the prosecutors and the judge may impose demands and the decision to a penalty is low, so it is feared not give deterrent effect to the perpetrators of illegal mining. 3). Mining Law there are four (4) weakness which some contradictory to each other, namely: a). In Article 169 (a) regarding the validity of the Contract of Work. b). Act Number 4 Of 2009 on Mineral and Coal Mining (Mining Law) are not set on the Mining Authority (KP). c). Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs.Keywords: Sanctions; Criminal Act; Mining.
Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal Sisno Pujinoto; Anis Mashdurohatun; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i2.10085

Abstract

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.
Effectiveness Of Act Number 23 Of 2004 Regarding Elimination Of Violence In Household (PKDRT) Against Psychological Violence In Semarang Moh. Abd Basith; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5673

Abstract

Every family dreams to build family harmony, happy and loved each other, but in fact many families are feeling uncomfortable, depressed and sad because of violence in the family, whether the violence is physical, psychological, sexual, or neglect.Purpose of the effectiveness of the implementation of Act Number 23 of 2004 on the Elimination of Domestic Violence against psychological violence in the city of Semarang, namely: to determine the effectiveness of the implementation of Act Number 23, 2004. The method used Soerjono Soekanto said that the effectiveness of the implementation of the law in a society is determined by several factors, namely (1) the rule of law, (2) law enforcement officials, (3) legal facilities, (4) community and (5) culture. The approach I use in this study is a sociological juridical legal approach, ie an approach by examining the secondary data first, followed by conducting research in the field of primary data. The results showed that effect implementation of Act Number 23 of 2004 in reducing psychological violence in the city, namely (1) the perceived inadequate (2) and ineffective. This is evident from the level of psychological domestic violence volatile and without a significant decrease. Suggestions authors hope that the government and relevant institutions more concerned about PKDRT and routinely provide information, education and prevention of domestic violence.Keywords: Effectiveness; Psychological Violence; Domestic. 
Code Enforcement Of Sanctions For Notary Who Having Multiple Offices Abiem Pandya Prasojo; Anis Mashdurohatun; Ngadino Ngadino
Jurnal Akta Vol 6, No 4 (2019): December 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i4.7639

Abstract

In every office attached to someone will be accompanied by moral rules called code of ethics as well as the notary office. Code of conduct notary entire moral code is determined by the association organization "Indonesian Notary Association" (INI), where applicable, and must be obeyed by all members of the association as well as others who have positions of notary. Notary is necessary to know and understand the code of conduct notary. This code of conduct govern all actions of what can be regarded as a violation of the code of conduct and what sanctions if violated the code of conduct. In practice, a notary public notary supervised by the board of trustees. This oversight is necessary so that the notary did not ignore the majesty and dignity of the profession.The method used in this research is normative. The data used are primary data and secondary data. Primary data in the form of research conducted in the field related to the object of research and data secondary, namely in the form of legislation, library, archives, expert opinions and regulations associated with the object of research.Discussion of the results shows that the sanction of conduct for notaries who have multiple offices are in violation of the code of conduct notary office. based on the above factors, it is important to know what is an indication of an offense involving the notary in the notary office area coverage authorized by a notary office code of ethics. Should the effort of the board of trustees for providing information about the code of conduct for all notaries to avoid misunderstandings about the ban notaries and exclusion. Therefore the role of the board of honor in the enforcement of the code of ethics notary must be implemented properly and in accordance with the applicable rules.Keywords: Notary Code; Honor Council; Office of the Associate; Notary.
The Analysis of Legal Evidence Case on Criminal Employment through Electronic Systems Somaerin Saputra; Anis Mashdurohatun; Latifah Hanim
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.33-41

Abstract

The purpose of this study is to find out and analyze legal evidence related to criminal acts of embezzlement through an electronic system. To find out and analyze the basis of judges' considerations in making decisions on criminal acts of embezzlement through an electronic system. The method used by the researcher is empirical juridical approach and the specifications in this study include descriptive analysis. As for the sources and types of data in this study, secondary data were obtained from literature studies. Data analyzed qualitatively. Based on the results of the study that Legal Evidence Regarding the Crime of Embezzlement Through Electronic Systems that the power of proving electronic evidence in criminal procedural law, the strength of all evidence is essentially the same, no one exceeds the other. Evidence in criminal procedural law does not recognize hierarchy. It's just that there are provisions that require the connection between one evidence and another. Therefore, in criminal procedural law there is complementary evidence.
Implementation of Criminal Sanctions by Public Prosecutor against Narcotics Abuse Prihananto Prihananto; Anis Mashdurohatun
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (703.272 KB) | DOI: 10.30659/ldj.2.3.294-301

Abstract

The purpose of this study is to describe and analyze the implementation, barriers and policies to overcome obstacles in the application of criminal sanctions by public prosecutors in prosecuting class I narcotics abusers at the Semarang City District Attorney. The method used in this research is juridical empirical, which is descriptive-analytical. The data used in this study are primary data and secondary data, which were obtained from interviews and literature studies, then analyzed qualitatively. The conclusions in this study are: (1) the application of criminal sanctions by the public prosecutor refers to the BAP and evidence provided by the police, which is based on the activities of the suspect when the police are arrested; (2) obstacles in the implementation of the application of criminal sanctions by the public prosecutor, including obstacles in terms of legal substance, legal structure and legal culture: (3) so that policies are needed to overcome these obstacles to achieve justice, including revision of articles in the Law. Narcotics Law, holding knowledge sharing, holding outreach, and coordinating with related agencies.
The Reforming Of Money Politics Cases In Election Law As Corruption Crime Wawan Setiyawan; Anis Mashdurohatun
Law Development Journal Vol 3, No 3 (2021): September 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (545.564 KB) | DOI: 10.30659/ldj.3.3.621-629

Abstract

This research aims to knowing and analyzing the reformulation of money politics in the election law as a criminal act of corruption. The research method in writing this journal uses normative (doctrinal) research methods. Based on the research, it is concluded that reformulation of money politics in the election law as a corruption crime can be done by including a clause on political corruption as a special offense in the General Election Law so that it can be a strong legal basis for law enforcement officials to take steps - preventive or repressive measures to realize clean elections and corruption-free politics.
Co-Authors Abiem Pandya Prasojo Achmad Sulchan Agus Supriyadi AHMAD FAISOL Ahmad Zaki Mubarok Arpangi Arpangi, Arpangi Bagus Langgeng Prasetiyo Budiman, H. Haris Cahaya Mutiara Mardiana Putri Daniel Yudi Christanto Desi Wulan Anggraini Eman Suparman Endang Kusnandar Erny Herawati Fatma Wati Fifian Leliana Gunarto Gunarto Hanung Hendratmoko Holyness Nurdin Singadimedja I Putu Angga Feriyana Indah Nailal Muna Junaidi Junaidi Kismanto Kismanto Lathifah Hanim Latifah Hanim M. Ali Mansyur M. Hasyim Muallim Mariah S.M. Purba Megacaesa Fuditia Fuditia Moh. Abd Basith Muhammad Hilmi Akhsin Nailatul Muna Ngadino Ngadino Ni Made Srinitri Nizar Anwar Nur Indah Setyoningrum Prihananto Prihananto Ratu Vidi Sulistyani Riska Fauziana Rizal Anugrah Bachriar Sahal Afhami Sisno Pujinoto Siti Rodhiyah Dwi Istinah Somaerin Saputra Sukarmi Sukarmi Wawan Setiyawan