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REVIEW OF IMPLEMENTATION OF CRIMINAL JURIDICAL CRIME AGAINST THEFT WITH VIOLENCE achmad sulchan
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i2.3026

Abstract

In the implementation of law enforcement does not always correspond with what is written in the legislation. Law is created, grow and thrive in the community with the aim to regulate people's lives in order to create order, peace, tranquility and prosperity in society. This is reflected from one of the statutory functions as a tool of social control. Related criminal in the theft with violence as stipulated in Article 365 Book of the Criminal Justice Act. Application of the law against the crime of theft with violence shall comply with the applicable substantive criminal provisions and requirements can dipidananya defendant based on the facts revealed in court, there are two valid evidence, sworn testimony of witnesses who based their religion and beliefs of judges in deciding a defendant, to consider things that are burdensome and ease; To achieve the rule of law and the rule of law and justice with dignity, the judge legally consider also that the discovery of things that can release the defendant from criminal liability, either as an excuse or reason pemaaaf, the existence of a fault, is against the law and the absence of any reason as criminal eraser, so the judge can be found sane defendant considered to be able to be responsible
FAIR INMATE COACHING PATTERNS (A STUDY IN CORRECTIONAL INSTITUTION OF KEDUNGPANE SEMARANG) achmad sulchan; Akhmad Khisni; Aryani Witasari
Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i1.11124

Abstract

Correctional Institutions have a very strategic task as the most potential place in realizing the objectives of punishment with coaching. However, this cannot be realized without the awareness of the inmates themselves. To realize this, the Correctional Institution functions as an educational institution that provides useful training for inmates to create, produce, and excel. They have the same opportunity as other community members to be able to contribute as active and productive community members in development. Inmate coaching must also be beneficial for the person concerned during his/her imprisonment at the Correctional Institution of Kedungpane, Semarang, and after completing the imprisonment, returning to the community. Thus, the fair coaching pattern of inmates is implemented with the correctional system and, basically, a situation/condition that allows for the realization of correctional objectives in accordance with the definition of coaching i.e. the process carried out by the Correctional Institution to inmates. For better and fairer coaching without any discrimination, the Corrections Institution should carry out its main duties as stipulated in the "Ten Correctional Principles". This study is based on the legal positivism concept, which states that norms are written, made and promulgated by state authorities, and uses a qualitative method to produce a description of the fair coaching pattern at the Correctional Institution of Kedungpane, Semarang.
JURIDICAL REVIEW OF RIGHT OF ACCESS TO LAND FOR INDONESIAN WOMEN CITIZEN WHO ARE BOUND BY MIXED MARRIAGE LAW (CASE STUDY DECISION OF THE CONSTITUTIONAL COURT NUMBER: 69 / PUU XIII / 2015) achmad sulchan; Nurmalia IW
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1738

Abstract

ABSTRACTMixed marriages are marriages involving a race between nations, therefore, marriage is also subject to the principles applicable in the Indonesian Law and International Law. Mixed marriage has penetrated the whole of Indonesia . Notary role in making the deeds relating to pernjanjian marriage, inheritance etc.Dealing with the issue of marriage between men and women WNA WNA especially about women's access rights to land for the citizen and problems. Therefore, the authors take the title on the Juridical Review of the Acquisition of Land Rights for Women Bound citizen Mixed Marriage (Case Study No. Constitutional Court.69 / PUU XIII / 2015). The contents of the Constitutional Court about: Testing Law No. 5 of 1960 on the Basic Regulation and the Basic Agrarian Law No. 1 of 1974 on Marriage of the Constitution of the Republic of Indonesia th 1945.Dalam decision mentions the Applicant, Ny. Ike Farida an Indonesian citizen. Applicant is a woman who is married to a Japanese national men by a valid marriage and are registered in the District Office of Religious Affairs Makasar East Jakarta Municipality No. 3948 / VII / 1995, the Civil Registry Office Prop. DKI Jakarta as defined in the Marriage Reports Receipt No. 36 / KHS / AI / 1849/1995/1999 dated May 24, 1999. Related to marriage, the applicant does not have marital separation agreement treasures, never abandoned his Indonesian citizenship and disenfranchised here at home. Applicant want to buy Flats in Jakarta, after the keel, towers not being handed over, and even then the purchase agreement terminated unilaterally by the developer. Then formulated the problems are: 1) What is the procedure of acquiring land rights for women citizens who are bound intermarriage? 2). Constraints and solutions that arise in obtaining the Women's Land Rights for citizens who are bound Mixed Marriage (Case Study No. Constitutional Court.69 / PUU XII / 2015)? As this study is sociological or empirical, in which the authors conducted a study which examined at first was secondary data, then resumed research on primary data in the field, or to society, an interview with the National Land Agency, notary, and two female citizens who marry foreigners. And examine the rules relating to mixed marriages, prevailing in Indonesia. The results showed the conclusion that the Notary has an important role in helping clients about: procedures for securing land rights for the citizen who is married to foreigners, namely the reduction in the rights, for example, from Properties menjaiHakPakai, the reduction in the rights of land owners. Constraints faced is the problem of domicile for male foreigners who are married to the citizen, and a couple of mixed marriages between Indonesian citizens and foreigners do not make a marriage agreement during their marriage. The solution is that if the land area can be divided into 2: 1/2; 1/2 for the wife, the land was downgraded to a Right of Use by registering at BPN, and made a covenant marriage.