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Journal : Jurnal Cakrawala Hukum

Batasan Kewenangan Penyidik Anak Terkait Pelaksanaan Diversi dalam Proses Penyelesaian Perkara Tindak Pidana Anak Megah Novita Endriyanti; Nurini Aprilianda; Abdul Madjid
Jurnal Cakrawala Hukum Vol 9, No 2 (2018): December 2018
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v9i2.2259

Abstract

This paper aims to analyze the limits of the authority of the child investigator related to the implementation of diversion in the process of resolving cases of child crimes. To answer the purpose of this paper, normative legal research is used, using the legal approach and case. The results of the study indicate that child investigators in solving cases of child crimes can apply discretion related to the implementation of diversion. The authority limit for discretion of child investigators, namely the reason for implementing diversion that does not fulfill the implementation requirements in the SPPA Law, must be logical and reasonable, not for serious crimes such as criminal acts against the body and life, and not repetitive crimes. In the case of theft with weights, the results of which have been determined by the Chairperson of the Pasuruan City District Court, discretion is taken by the police with various considerations. One of them is because the perpetrators and the victims agreed that the case would be settled in a family manner because the perpetrator still had a brotherly relationship with the victim. Therefore, with several agreements the victims decided to settle the case outside the court process, namely diversion.How to cite item: Endriyanti, M., Aprilianda, N., Madjid, A. (2018). Batasan Kewenangan Penyidik Anak Terkait Pelaksanaan Diversi dalam Proses Penyelesaian Perkara Tindak Pidana Anak. (2), 204-213. doi:https://doi.org/10.26905/idjch.v9i2.2259
Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing Norentia Ekunming Sari; Suhariningsih Suhariningsih; Abdul Madjid
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): August 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5808

Abstract

This article has the intent and purpose of the nominee agreement regarding land rights in Indonesia. This happens because many foreign nationals, hereinafter referred to as foreigners, can own land in Indonesia, while positive law in Indonesia only allows Indonesian citizens who can own land ownership rights in Indonesia. The nominee agreement is legal smuggling that can result in land being returned to the state. However, in the Decision of the Denpasar District Court in 2013 Number 82/PDT.G/2013/PN.DPS, one of the judges' decisions is that land must be resold and the proceeds from the sale of land are divided between foreigners (benefactors) and Indonesian citizens (legal owners) as comparison in a case approach to analyze the sale and purchase of land that has been preceded by a nominee agreement in Indonesia. the action of the Plaintiff who is a foreigner to sell the land and buildings prior to the lawsuit is one of the considerations for the judge in deciding this case. In addition, Defendant I sold the land below the market price. Therefore, the unlawful acts committed by Defendant I and Defendant II over the sale and purchase of rights to the object of the dispute must be accounted for by the Defendants.How to cite item: Sari, N., Suhariningsih, S., Madjid, A. (2021). Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing. Jurnal Cakrawala Hukum, 12(2), 205-212. doi:https://doi.org/10.26905/idjch.v12i2.5808
Rasio legis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia Ahmad Fauzi; Abdul Madjid; Nurini Aprilianda; Prija Djatmika
Jurnal Cakrawala Hukum Vol 12, No 1 (2021): April 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i1.5779

Abstract

Corruption if allowed to have a real economic impact, namely unequal income and increasing poverty Corruption is a common problem that occurs in almost every country, the modus operandi of corruption is to use the authority and power to take advantage for personal gain or third parties, therefore to overcome corruption crimes need a way to tackle corruption crimes. This research is a legal research using the socio-normative approach. The data used are primary data and secondary data which were analyzed using quantitative analysis. The main aspect in tackling corruption crimes is to use a law enforcement approach, one of the approaches to law enforcement is to create a Corruption Crime Court as regulated in Law No. 46 of 2009 concerning the Corruption Crime Court as an institution in charge of examining and deciding cases of criminal acts of corruption. The position of the court for criminal acts of corruption actually has a strong legal standing in the Indonesian criminal justice system, and its existence is very important and urgent in tackling corruption crimes in Indonesia.How to cite item: Fauzi, A., Madjid, A., Aprilianda, N., Djatmika, P. (2021). Rasiolegis eksistensi pengadilan tindak pidana korupsi dalam sistem peradilan pidana Indonesia. Jurnal Cakrawala Hukum, 12(1), 11-20. doi:10.26905/idjch.v12i1.5779.
Local Wisdom as the Basis for Determination of Legislation Related to Public Order Abdul Madjid
Jurnal Cakrawala Hukum Vol 14, No 2 (2023): August 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i2.10843

Abstract

This paper reviews how the mechanism for absorbing local wisdom values in the formation of criminal sanctions in the process of forming regional regulations in districts, namely Ponorogo, Magetan, and Madiun Regencies, East Java Province. This research is empirical legal research using a juridical-sociological approach. Based on the results of the discussion, local wisdom in the studied districts, which is characterized by sociological studies as a Mataraman cultural character, does not exist in the formation of local regulations on public order. It can be seen that there are differences in the determination of criminal sanctions in regional regulations regarding public order. This is because there is still a need for more specific regulations governing the mechanism for forming regional regulations to accommodate the interests of local wisdom to be contained in norms as sanctions in regional regulations. Thus, in the future, it is necessary to develop national standard parameters for making regional regulations and design a linkage mechanism between these standard mechanisms and the legal values of local life that live in society, which can bridge the two domains.How to cite item: Madjid, Abdul. “Local Wisdom as the Basis for Determination of Legislation Related to Public Order.” Jurnal Cakrawala Hukum 14 no. 2 (2023): 114-125. DOI: 10.26905/idjch.v14i2.10843.