Garuda - Garba Rujukan Digital

KONSEP PENERAPAN MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA RINGAN PERSPEKTIF RESTORATIVE JUSTICE TITIN APRIANI; SYAIFULLAH SYAIFULLAH; MUHAMMAD IKBAL
GANEC SWARA Vol 15, No 2 (2021): September 2021
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i2.224

The purpose of this study is to determine the concept of applying penal mediation in the resolution of minor crimes from a restorative justice perspective and to determine the process of resolving minor crimes from a restorative justice perspective. The type of research used is normative research, namely research on legal principles related to the application of penal mediation related to minor crimes in the perspective of Restorative Justice. The approach method used in this research is the statutory approach and the conceptual approach.The results of the study indicate that mediation can be carried out at the prosecution level or at the trial court with considerations of legal certainty, legal benefits and legal justice with the argument that if penal mediation is carried out at the prosecution level, the principle that can be used is the principle of opportunity which is a teaching that gives authority to Prosecutors to set aside the case, even though there is sufficient evidence, in the public interest, either with conditions or without conditions. In a restorative justice approach, all parties, namely the victim, the defendant and other related parties, are involved to jointly seek a fair solution by emphasizing restoration to its original state and not retaliation. By looking at the severity of the Defendant's actions and considering the aspects of the restorative approach and the benefits of the law, as well as for the creation of justice in society, the Judge supports the Peace Agreement that has been made between the Defendant and the victim with the aim that the Defendant can realize his mistakes and improve himself and not repeat the criminal act. at a later time

KEDUDUKAN MAJELIS KRAMA DESA DALAM MENYELESAIKAN SENGKETA BERDASARKAN PERATURAN BUPATI LOMBOK UTARA NOMOR 20 TAHUN 2017 TENTANG PEDOMAN MAJELIS KRAMA DESA (STUDI KASUS DI DESA GONDANG, KECAMATAN GANGGA, KABUPATEN LOMBOK UTARA) ASMAYANDI ASMAYANDI; TITIN APRIANI; SYAIFULLAH SYAIFULLAH
GANEC SWARA Vol 17, No 2 (2023): Juni 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i2.475

The MKD institution was formed based on Regent Regulation Number 20 of 2017 concerning Guidelines for Village Krama Council. In Article 1 numbers 9 and 10 it is explained that: Village Community Institutions are institutions formed by the community according to needs and are partners of the village government in empowering village communities. The Krama Desa Council, hereinafter abbreviated as MKD, is a Village Community Institution in charge of dispute resolution in the Village. The formulation of the problem in this research is first, What is the Position of the Village Krama Council in Resolving Disputes Based on Regent Regulation Number 20 of 2017 concerning Guidelines for the Village Krama Assembly? And Second, how effective is the existence of the Village Krama Council in resolving disputes based on Regent Regulation Number 20 of 2017 concerning Guidelines for the Village Krama Council (Case Study in Gondang Village, Gangga District, North Lombok Regency)? The results of the research conducted by the author show that first, the Village Krama Council (MKD) was formed based on North Lombok Regent Regulation Number 20 of 2017 concerning Guidelines for the Village Krama Assembly (MKD) as a village government partner institution in resolving disputes that occur in village communities. The existence of the MKD institution in Gondang village was considered very effective because during the time the MKD was formed it had resolved various cases, ranging from civil, customary, and minor criminal cases, of which approximately 13 cases were recorded. However, in carrying out its functions, the MKD still has problems both internally and externally.

Model Perlindungan Saksi Dan Korban Sebagai Justice Collaborator Dalam Perkara Tidak Pidana Korupsi “Tinjuan Analisis Undang-Undang Perlindungan Saksi Dan Koban” Ahmad Rosidi; Syaifullah Syaifullah; Idris Sardi; Awaludin Awaludin
JATISWARA Vol. 38 No. 2 (2023): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jtsw.v38i2.503

Law enforcement in Indonesia, especially in each region, is strongly influenced by culture and culture in social life, in cases of criminal acts of corruption in particular, the community has a very important role both as justice collaborators in disclosing the occurrence of an act of criminal acts of corruption, terrorism, narcotics, laundering money, human trafficking and other organized criminal acts. As we know, a justice collaborator is defined as a perpetrator of a particular crime, but not the main actor who admits his actions and is willing to be a witness in the judicial process, and can play an active role in the legal process as a witness. The problem approach used in this study is a normative research approach and an empirical research approach. The normative research approach is an approach that is carried out through a study of laws, regulations, theories, concepts, views, and aspects related to the issues discussed. In addition, the approach in this study is also supported by an empirical research approach, namely an approach through field research by conducting interviews with the public and legal practitioners, carried out in order to find out the reality in the form of research, opinions, attitudes, related to efforts and implementation of witness protection. criminal acts of corruption, terrorism, narcotics, money laundering, trafficking in persons and other organized criminal acts.

PENERAPAN MEKANISME MEDIASI DALAM PROSES PENYELESAIAN SENGKETA KEWENANGAN BADAN PERMUSYARAWATAN DESA DAN KEPALA DESA BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA (STUDI KASUS DI DESA JENGGALA, KECAMATAN TANJUNG KABUPATEN LOMBOK UTARA) ASMAYANDI ASMAYANDI; SYAIFULLAH SYAIFULLAH; TITIN APRIANI
GANEC SWARA Vol 17, No 4 (2023): Desember 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i4.679

That the potential for overlap in the authority of the BPD and the Head as a form of normative application of Law Number 6 of 2014 is very large, especially if we look at aspects of implementing the functions of the BPD Institution which will coincide with the function of the village head as executor of government in the village. The formulation of the problem in this research is first, How is the Mediation Mechanism Implemented in the Dispute Resolution Process over the Authority of the Village Consultative Body and the Village Head Based on Law Number 6 of 2014 on Village Neighborhoods? And secondly, what are the alternative forms of mediation that can be implemented in the Dispute Resolution Process over the Authority of the Village Consultative Body and the Village Head Based on Law Number 6 of 2014 on Village Neighbors (Case Study in Jenggala Village, Tanjung District, North Lombok Regency) The results of the research conducted by the author show that firstly, the application of a mediation mechanism in resolving authority disputes between the BPD and the Village Head can be carried out on a normative basis contained in the provisions of Article 112 in Article 115 of Law Number 6 of 2014 concerning Villages. Second, alternative forms of mediation in resolving disputes between the Village Head and BPD in Jenggala Village can be implemented in 2 (two) forms, namely, formal mediation and informal mediation. Formal mediation is mediation carried out by the KLU DP2KBPMD Service who acts as the mediator. Meanwhile, informal mediation can be carried out through, firstly, the Village Inter-Institutional Communication Forum (FKAKD), the formation of which was initiated by the BPD based on the provisions of Article 62 of North Lombok Regency Regional Regulation Number 3 of 2019 concerning BPD, and secondly through the Village Krama Council based on North Lombok Regent Regulation Number 20 2017 concerning MKD Guidelines.

EFEKTIVITAS PELAKSANAAN FUNGSI LEGISLASI DPRD KABUPATEN LOMBOK UTARA BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2014 TENTANG MPR, DPR, DPD DAN DPRD (STUDI KASUS DI KABUPATEN LOMBOK UTARA) ASMAYANDI ASMAYANDI; TITIN APRIANI; NI LUH ARININGSIH SARI; SYAIFULLAH SYAIFULLAH
GANEC SWARA Vol 18, No 2 (2024): Juni 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i2.855

The characteristic that shows a country adheres to democracy is the division of power in administering the state. The Trias Politica presented by Montesquieu consists of the executive function, legislative function and also the judicial function. Then these three functions were institutionalized into three state organs, namely the government as the executive, the judiciary as the judiciary and the parliament as the legislature. The formulation of the problem in this research is: first, how to implement the legislative function of the North Lombok Regency Regional People's Representative Council based on Law no. 17 of 2014 concerning the MPR, DPR, DPRD and DPD?, and secondly, what are the factors that influence the implementation of the legislative function of the North Lombok Regency People's Representative Council? The ineffectiveness of the North Lombok Regency DPRD's legislative function can be assessed from the lack of regional regulations produced by the DPRD Institution itself, because, of the several regional regulations that were formed based on the data above, most of the regional regulations are of a regular nature, namely regulations that are an initiative of the Government. Area. Judging from the regional regulations that have been approved, there are three, namely 1 (one) in 2022 and 2 (two) in 2023. The three regional regulations contained are proposals from the executive or regional government. There are two influencing factors, including: Internal factors, namely, members are less proactive in carrying out the legislative functions of the DPRD, and that the capacity or availability of human resources from the 30 North Lombok Regency DPRD members is still minimal. Meanwhile, external factors, namely, regarding budget support, and social factors in carrying out their function as regional regulation makers, until now cannot be separated from their interaction with the community which has its own characteristics

Title

Found 5 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 5 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 5 Documents
Search