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All Journal Masalah-Masalah Hukum Pandecta INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Journal of Law and Legal Reform Unnes Law Journal The Indonesian Journal of International Clinical Legal Education Seminar Nasional Hukum Universitas Negeri Semarang Law Research Review Quarterly Kreasi: Jurnal Inovasi dan Pengabdian Kepada Masyaraka Innovative: Journal Of Social Science Research HIKMATUNA: Journal for Integrative Islamic Studies Prosiding Seminar Nasional Pascasarjana
Ali Masyhar
Fakultas Hukum Universitas Negeri Semarang
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Position of the Victim in Criminal Acts Illegal Logging Obe, Redentor G A; Masyhar, Ali
Journal of Law and Legal Reform Vol 1 No 3 (2020): Law and Development in the Disruptive Era (Indonesia and Global Context)
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i3.35957

Abstract

The purpose of this study is to analyze the position of victims in criminal acts of illegal logging, find juridical reasons to the extent that the state pays more attention to state losses as victims compared to the position of the community as victims in illegal logging. This research method uses a qualitative approach with normative juridical law design. Data collection techniques using library research. Data analysis techniques: (1) presentation, (2) data reduction, and (3) collection and verification. The results of the study: (1) The position of the victim in the case of illegal logging in the criminal justice system is still lacking due to the regulation of the law and the principles in the Criminal Procedure Code itself more prioritizing retribution as embezzlement, ie seeing how much loss arises due to the perpetrators criminal without seeing the position of the community as victims indirectly. Whereas in terms of justification or legal basis in which the government / state is more concerned with the state's loss than the community as a victim. There are principles in the Indonesian criminal procedure law which are strengthened by the Constitutional Court's decision in "MKRI ruling Number 3 / PUU-VIII / 2010" which argues that state control over the earth and water and the natural resources contained therein. This means that the state is given the freedom to regulate, make policies, manage and oversee the use of the earth and water and natural resources contained in it with a constitutional measure that is as much as possible the prosperity of the people and considers the rights of the people as victims only of an objective nature where the state takes policy with more attention to victims generally.
Protection of Victims of Domestic Violence (Study Decision Number: 2660/Pid.Sus/2015/PN Mdn) Tamba, Arni Ranita; Masyhar, Ali
Journal of Law and Legal Reform Vol 1 No 2 (2020): Legal Reform Discourse in Indonesia in a Global Context
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i2.36008

Abstract

The purpose of this research is,first, to know what is a form of legal protection for domestic violence victim in crime. Second, what is the legal consequences for perpetrators of domestic violence. Thirdly, what is the judge of consideration for making determination in the decision of number: 2660 / Pid.SUS / 2015 / PN Mdn. The method used in this research is the Normative and Empirical. With research literature sourced from legislation, books, official documents, and research results and legal research methods that serve to see the law in a real sense and examine how the work of law in the community. The results of the research in this research that Victims of Domestic Violence Suffered severe injuries on the left eyelid, left chest and Also the left arm. Therefore, perpetrators of Domestic Violence are sentenced to 8 (eight) years Imprisonment.
Balancing Principles of Legality in Teaching Legal Studies Masyhar, Ali
The Indonesian Journal of International Clinical Legal Education Vol 1 No 3 (2019): Indonesian J. Int'l Clinical Leg. Educ. (September, 2019)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v1i01.20709

Abstract

Principle of legality is a fundamental principle in criminal law, in which at the beginning of its birth, it was an oasis amid confusion of legal uncertainty. In the past, the law belonged to the king. People had no right to know whether or not that their actions were considered unlawful, all of them depend on subjectivity of the king. With this principle, the king no longer had a role to decide whether or not that a person is wicked but he was deprived of that authority. Everything was left to the judiciary (judge), even judges were only limited to apply the rules, as it should not be more and less. Whether or not someone is wicked, it clearly has been constructed in a rule. The rules define whether or not that the act was criminal. Next consequence was no crime beyond the written rules. Thus, disgraceful acts that harm the community will not be subject to criminal law (based on customary law), it will not be subject to criminal sanction if it is not formally formulated in criminal law. This is the main drawback of this principle of legality. If applied rigidly, then the next drawback is likewise very likelyto happen. A person will be easily criminalized if it has grazed the written rules, although in real sociological terms there is no legal injury and no harm to both material and immaterial.
Konservasi Sumber Daya Alam Hayati Indonesia: Tinjauan dari Perspektif Criminal Policy Masyhar, Ali
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 1 No. 1 (2015): Kesiapan Sistem Hukum Sumber Daya Alam Indonesia dalam Menghadapi Era Masyaraka
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v1i1.479

Abstract

Tuhan telah memberikan sumber daya alam hayati Indonesia sedemikan berlimpah ruah. Namun dalam perjalanannya, kerusakan dan pencemaran terjadi di sana-sini. Diperlukan langkah strategis untuk menghentikan laju gerak kerusakan sumber daya alam hayati. Awal kelahiran Undang-undang No. 5 Tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya menjadi angin segar bagi perlindungan sumber daya alam hayati Indonesia. Namun sampai saat ini masih saja terpampang data tentang kerusakan-kerusakan ekosistem yang mengganggu sumber daya alam hayati tersebut. Oleh karena itu, kajian ulang terhadap kebijakan yang ada (khususnya kebijakan hukum pidana/penal policy) menjad harapan untuk dapat membantu menanggulangi kerusakan sumber daya alam hayati tersebut. sistem pidana yang dirumuskan Undang-Undang No. 5 Tahun 1990 tentang Konservasi Sumber Daya Alam Hayati dan Ekosistemnya tergolong dalam kategori konvensional karena masih mengikuti pola yang digunakan oleh Kitab Undang-Undang Hukum Pidana (KUHP), yaitu hanya mengenal subyek hukum berupa orang perorangan (bukan korporassi), tidak mengenal sistem minimum khusus, dan berorientasi pada pembedaan kualifikasi delik (kejahatan dan pelanggaran).
Deter and Deny Strategies in Counter Terrorism Crime Masyhar, Ali
Law Research Review Quarterly Vol 3 No 1 (2017): L. Research Rev. Q. (February 2017) "Supervision of Immigration in the Control of
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v3i1.20915

Abstract

ADULTS, movement and human traffic are not only confined around one country alone. In a very short time, a person can move from one country to another, even moving to several countries. Such conditions, of course, must be followed by a renewal of the concept of law, mainly related to criminal law. Crime also moves not only struggling in one area of ​​the country, but has crossed national borders. One of the crimes that goes beyond national borders is terrorism. Terrorism is one form of crime that has the potential to be strong across national borders (transnational crime) and even organized (transnational organized crime), because it networking with organized groups that reside in other countries. Therefore, in order to anticipate terrorism that has international networks, the concept of Cekal (Prevent-Tangkal) becomes a very telling instrument. Prevention is a temporary ban on people leaving Indonesia based on immigration reasons or other reasons determined by law. Meanwhile, deterrence is a prohibition against foreigners entering Indonesian territory based on immigration reasons
The Relation of GAFATAR Teachings to Radical Ideology Masyhar, Ali
Law Research Review Quarterly Vol 2 No 3 (2016): L. Research Rev. Q. (August 2020) "Pancasila and Global Ideology: Challenges and
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v2i01.21326

Abstract

One of the big phenomena that rocked Indonesian society for some time was the unfolding of the Fajar Nusantara Movement (GAFATAR). GAFATAR is an interesting phenomenon because legally, this organization was only established in 2012, but the number of followers has certainly reached thousands. Allegedly, GAFATAR is a continuation of Alqiyadah Al-Islamiyah led by Ahmad Musadeq who several years ago was found guilty of spreading heresy. Because it is considered as a metamorphosis of the heresy, and supported by the facts in the field, the Indonesian Ulema Council (MUI) finally issued a fatwa that the teachings of GAFATAR are heresies that need to be banned. In further development, the Indonesian National Police (Polri) indicated that there were sympathizers radical movements that joined in this GAFATAR. This paper will highlight the relationship between the teachings of GAFATAR and radical movements that can threaten the ideology of Pancasila. This relation, seen when GAFATAR tried to make sense of the country as the Gift of God Semestea Alam.
Conservation of Indonesia's Natural Resources: An Overview of the Criminal Policy Perspective Masyhar, Ali
Law Research Review Quarterly Vol 1 No 2 (2015): L. Research Rev. Q. (May 2015) "Legal Aspects in ASEAN Economic Community Part II
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v1i01.21469

Abstract

God has provided Indonesia's abundant biological natural resources. But on its way, damage and pollution occurred here and there. Strategic steps are needed to stop the rate of movement of damage to living natural resources. Early birth of Law No. 5 of 1990 concerning Conservation of Living Natural Resources and their Ecosystems is a breath of fresh air for the protection of Indonesia's biological natural resources. But until now there is still plastered data on ecosystem damage that disturbs the living natural resources. Therefore, a review of existing policies (specifically the criminal law policy / penal policy) is hoped to be able to help overcome the damage to the living natural resources. criminal system formulated by Law No. 5 of 1990 concerning Conservation of Biological Natural Resources and their Ecosystems belong to the conventional category because they still follow the pattern used by the Criminal Code (KUHP), which only recognizes legal subjects in the form of individuals (not corporates), does not know the special minimum system , and is oriented towards differentiating offenses qualifications (crime and violations).
Legalitas Usaha Bagi Eks Narapidana Terorisme (Eks Napiter) Masyhar, Ali
Jurnal Pengabdian Hukum Indonesia Vol 3 No 1 (2020): Jurnal Pengabdian Hukum Indonesia (JPHI) Volume 3 (1) November 2020
Publisher : Fakultas Hukum, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v3i1.42275

Abstract

One of the important factors in the efforts to deradicalise the ex prisoners of terrorists (ex-terrorists) is the acceptance of the community to return to a normal life in the midst of their community interactions. To live a normal life in the midst of society, decent work is also needed to support daily needs. In general, ex-terrorist - after undergoing their crimes - find it difficult / difficult to start a new life by working like a community. Jobs that are often their choice are home entrepreneurs / home industry and culinary businesses. In running this business, they often stumble over the legality of their business. Business legality is very important to provide the initial foundation for the establishment of the business concerned. For home-based entrepreneurs, a business license is needed, even a trademark for the products they produce. As for the culinary business, legality is required in relation to location leases, agreements with third parties and others.
Bullying Violence Against Underage Children in Criminal Law Perspective According to Law No. 23 of 2002 Ramadhani, Arief; Masyhar, Ali
Journal of Law and Legal Reform Vol 1 No 4 (2020): Globalization and Legal Reform: Recent Developments
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i4.38581

Abstract

The case of bullying is now rampant among the public, not only in the community but this case occurs in the world of education. Many underage children are victims of bullying. Various methods were used to minimize the incidence of bullying in schools, and at home including one of the National Commission for Child Protection urged the school to better protect and pay attention to their students. Speaking of child violence, it was found that children could be the subject / actor and object of violence. Children as perpetrators of violence / subject, usually because he has experience as an object of violence itself. Children behave like that as part of imitation or expression of their experiences, whether conscious or not. Violence in children depends on parenting and the pattern of treatment of parents towards children. Child care patterns also greatly affect the child's personality. This parenting style determines how children interact with their parents. Bullying actors will assume that the best way to solve the problem is by means of violence or the perpetrator thinks that by intimidating others it will fulfill his wishes. This will encourage the nature of thuggery that will carry over into adulthood and cause discomfort in the community.
Abortion by Rape Victim: A Dilemma in the Drat of Penal Code and Indonesian Health Law Ariyad, Fikri; Masyhar, Ali
Journal of Law and Legal Reform Vol 1 No 4 (2020): Globalization and Legal Reform: Recent Developments
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i4.39659

Abstract

In this present time, the debate about abortion in Indonesia is increasingly crowded. Abortion is also carried out by women - victims of rape to reduce the burden they suffered. The regulation on abortion in Indonesia has been regulated in the statutory regulations, namely the Criminal Code, especially in Article 346, Article 347, Article 348, and Article 349. In the RKUHP (Draft of Criminal Code), abortion regulation is regulated in two chapters namely, Chapter XIV Article 501 and Chapter XIX Articles 589, 590, 591, 592. In addition, the government has also issued several regulations governing abortion such as Government Regulation No. 61 of 2014 concerning Reproductive Health and also Law No. 36 of 2009 concerning health. However, the various regulations that exist between the Criminal Code, RKUHP, PP and the Act actually contradict to each other. There is no synchronization between the regulations regarding abortion by women rape victims. The KUHP and RKUHP clearly do not allow abortion in Indonesia and do not legalize it without any exception, including abortion carried out by women victims of rape. Whereas in Law Number 36 of 2009 concerning health, abortion can be carried out on an indication of medical emergencies and pregnancy due to rape that causes psychological trauma, so abortionists cannot be prosecuted as criminal.
Co-Authors Ali Murtadho Allamah, Gita Nuzula Amira, Btari Anis Widyawati Ariyad, Fikri Btari Amira Cahya Wulandari Cipta, Rachmadan Eka Eko Handoyo Fuad, Adib Nor Harmoko, Fendi Setyo JOKO SUSANTO Joko Widodo Kamaludin Kamaludin Kusuma, Bagus Hendradi Laskarwati, Batari Luh Prabha Pratiwi Muhammad Azil Maskur Naufal Sebastian Obe, Redentor G A Ramadhani, Arief Rasdi Rasdi, Rasdi Ridwan Arifin Rodiyah - Ryadi, Arief Siti Mursidah Solihah, Emi Nugraheni Tamba, Arni Ranita Waspiah - Widodo, Mulyo Widodo, Mulyo