Dwi Oktafia Ariyanti
Fakultas Hukum Universitas Janabadra

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Model Pelindungan Hukum Terhadap Justice Collaborator Tindak Pidana Korupsi Di Indonesia Dwi Oktafia Ariyanti; Nita Ariyani
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 2: MEI 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss2.art6

Abstract

The issue in this research is the regulation of legal protection against justice collaborators of corruption in Indonesia which is not optimal, and the absence of an appropriate protection model for optimum efforts of protection for justice collaborators in handling corruption in Indonesia. This needs to be studied because the role of justice collaborator is very much needed to disclose major cases such as corruption, whereas his testimony can pose a large risk that must be borne by the justice collaborator, hence legal protection for justice collaborators is crucial. The method in this study uses a type of juridical normative research that is focused on studying the norms of positive law. This research concludes, first, the regulations regarding the protection of justice collaborators are listed in various regulations, but there are no specific, clear and firm regulations regarding protection and procedural arrangements for determining a justice collaborator. Thus an appropriate legal protection model is needed to optimize protection for justice collaborators in criminal acts of corruption in order to fill the legal vacuum. Second, the legal protection model for justice collaborators in handling corruption in Indonesia can utilise a persuasive protection model.
Pengaturan Ideal tentang Pengelolaan Daerah Aliran Sungai di Indonesia (Studi di Sungai Serang Kabupaten Kulon Progo) Nita Ariyani; Dwi Oktafia Ariyanti; Muhammad Ramadhan
Jurnal Hukum IUS QUIA IUSTUM Vol. 27 No. 3: SEPTEMBER 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol27.iss3.art8

Abstract

Watershed management is closely related to regulations on the affairs of local governance, water resources, spatial planning, as well as soil and water conservation. All forms of regulation relating to watershed management must be strictly regulated as the legal basis for watershed management in Indonesia. This study aims to identify, understand, and analyze the juridical constraints faced in managing watersheds in Indonesia and to analyze the ideal juridical regulatory model for watershed management in Indonesia. This research was conducted using normative juridical research, by focusing on testing the implementation of rules or norms in positive law. The results of the study show juridical constraints in watershed management in Indonesia relating to the Revocation and Substitution of the Water Resources Law; the lack of synchronization between the Water Resources Law, the Regional Government Law and the Soil and Water Conservation Law. Therefore, the authors formulate the ideal form of watershed management arrangements, among others by taking quick and effective steps through district / city regional policies while continuing to synchronize efforts through policies in the form of mandates and tasks of assisting watershed management sub-affairs.
Penegakan Hukum Pidana Terhadap Pelaku Penambangan Pasir Secara Ilegal Dwi Oktafia Ariyanti; Muhammad Ramadhan; JS Murdomo
Jambura Law Review VOLUME 2 NO. 1 JANUARY 2020
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (864.436 KB) | DOI: 10.33756/jalrev.v2i1.4376

Abstract

Mining activities has grown very much, a given result is very given an advantage for the miners. Nevertheless, activities which promise this also also bring an adverse impact on man and the environment when this activity was undertaken not based on the regulation that has been set. Mining illegally also occurred at the sandbanks Parangtritis, sandbanks I know about the Parangtritis are unique and useful for maintained because it is being very specific with the form of a crescent or bacon and is the one and only sandbanks found in the southeast Asia. Arrangement about mining activities that environmentally sound has set out in various regulation, but this appears to have not run as expected, so may is still needed law enforcement tighter and clear to mining sand conducted an illegal. The research was conducted by juridical normative is the approach that was undertaken based on material law by means of reviewing the theory, the concept, a normative law and the regulatory legislation that deals with this research. This approach is known the approach literature, namely by studying books, regulation and other documents related to this research. Criminal law enforcement of the mining sand illegally in sandbanks Parangtritis has started to walk but not yet optimal .The laws governing about mining sand has been is in a few rules, but the law enforcement not is the responsibility of law enforcement officials just, law enforcement is also a responsibility community in an effort to ahead and recover crimes sand mining illegally. Obstacles faced by law enforcement in dealing with crimes sand mining illegal in sandbanks Parangtritis are the lack of legal awareness to the community, economic factors, the lack of knowledge of the community towards the impact of mining sand illegally and factors law enforcement. Key word: Criminal law; Sand Mining; Illegal
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL Dwi Oktafia Ariyanti
Kajian Hukum Vol 2, No 2 (2017): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (788.41 KB)

Abstract

The Development of information technology influences social changes that are significant and take place so fast. Currently information technology in addition to contributing to the advancement of human civilization is also at once a means that can lead to unlawful acts. Currently information technology in addition to contributing to the advancement of human civilization is also at once a means that can lead to unlawful acts. Under these conditions vulnerable violations of defamation and defamatioan through social media, as people often misuse their freedom of expression. This research is conducted by using the normative juridical approach is the approach done based on the main legal material by studying the theories, concepts, legal principles and legislation related to this research. This approach is also known as the literature approach, by studying books, legislation and other documents relating to this research.The regulation on defation trough social media in act number 19 of 2016 concerning amendment to law number 11 year 2008 concerning information and electronic transactions is contained in article 27 paragraph (3) and article 45 paragraph (3) and paragraph (5). In article 27 paragraph (3) regulaties the prohibited act which is categorized in the offense of defamation or defamation while in article 45 regulates the criminal provisions. Law number 19 year 2016 on amandement to law number 11 year 2008 on information and electronic transactions does not stipulate restriction on opinion trough social media that may cteate muliple interpretations. Judging from the type of punishment is possible for the existence of alternative types of criminal other than imprisonment, namely social work crime and criminal supervision. Both types of crime are considered more effective and provide prospects of coaching so that the purpose of criminal punishment in the form of community protection and protection of onvicts can be achieved.Keywords : Yuridical Review, criminal defamation, social media