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All Journal JSEH (Jurnal Sosial Ekonomi dan Humaniora) GANEC SWARA
MUHAMMAD IKBAL
Fakultas Hukum Universitas 45 Mataram
Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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

Abstract

   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
Coruption Crime Prevention in handling illegal logging By Batulante KPHP Muhammad Ikbal; Mirza Amelia
JURNAL SOSIAL EKONOMI DAN HUMANIORA Vol. 5 No. 2 (2019): JURNAL SOSIAL EKONOMI DAN HUMANIORA
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.637 KB)

Abstract

Corruption is a very massive act, because it almost happens in all aspects of government activities. Such as the handling of illegal logging is very sensitive to the practice of corruption. Illegal logging is only a small proportion of corruption. Therefore this research is looking for ways of Batulante KPHP in handling corruption in tackling illegal logging, and looking for factor that cause obstacles in handling corruption in the enforcement of illegal logging and look for factor that cause obstacles in handling corruption in the enforcement of illegal logging. the method used in this study uses normative and empirical researc methods in which the data collected is assessed qualitatively and supports quantitative data. The analysis in this study uses deductive analysis. This research aims to provide a renewal or add to a theory in preventing the occurrence of corruption, especially in the field of forest protection as well as providing advice and solutions in tackling corruption against illegal logging.
Co-Authors Mirza Amelia SYAIFULLAH SYAIFULLAH TITIN APRIANI