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All Journal Journal Hukum Khaira Ummah Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction Law Development Journal Sultan Agung Notary Law Review International Journal of Law Society Services
Arpangi Arpangi, Arpangi
Faculty Of Law UNISSULA
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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JURIDICAL ANALYSIS OF SANCTIONS TRESPASSER AGAINST NARCOTIC’S VICTIM BASED ON UTILITARIANISM JUSTICE VALUES Andri Winjaya Laksana; Arpangi Arpangi
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4991

Abstract

Utilirarisme have a basic philosophical principle or very firm stance that any fair punishment for wrongdoers must look further consequences. In law enforcement against narcotic crime, repressive efforts have been made ranging from arrest until the legal process in court. However, until now the number of drug abusers tend to increase. The public and law enforcement officers themselves, drug abusers are considered criminals who should be punished. Helpful punishment is punishment that brings meaning and positive value for the subject of the condemned, the general public and the potential criminals in society. Helpful punishment for violators of law that is deterring offenders, with the aim to create a future inmate subject better. By implementing a sentence of imprisonment to the victims of abusers of narcotics is an action that is not quite right, because a victim abusers of narcotics can be categorized as human physical and spiritual health problems, a sick person handling must be healed, and not send him to prison to collect the perpetrators of acts criminal
FISHERMEN ECONOMIC BALANCING OF SOCIETY’S WELFARE (Critical Study of fisherman in Pati and Rembang) Arpangi Arpangi; Sukarmi Sukarmi; Denny Suwondo
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i1.3013

Abstract

The marine affairs and fisheries is one that has certain mission. Mission inception fishery ports fish in the area of Pati or Rembang the basically is to welfare goldfish the scope of starch fishermen. In the facts that’s not yet fully realized so that solving the problem. Invite number 16/l964 not in accordance local conditions were pestered feel earn a living land due to feel the provisions of box or restricted becouse autonomous regional. The basis of the law of the Regional Regulations respectivelely but not progressing smoothly fisherman using fixed tribal law due to the county needed local. The field of marine affairs and fisheries is one that has certain mission. Inception mission in fishery ports in Pati or Rembang is basically concerned to welfare goldfish the scope of starch society fishermen. The fact is the implementation is not yet fully realized, so that it can solve the problems. Invite number 16/l964 was not in accordance with local conditions and were pestered feel earn a living land due to feel the provisions of box or restricted because of autonomous regional. The basis of the Regional Regulations is respectivelely but it is not progressing smoothly. The fishermen use fixed tribal law due to local demand.
LEGAL PROTECTION OF INDONESIAN LABOR IN MANAGEMENT OF HOUSEHOLD OVERSEAS Arpangi Arpangi
Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i3.9302

Abstract

Protection of Indonesian Migrant Workers abroad is regulated in Act number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Many Indonesian workers work abroad due to the explosion of a very high population, which triggers very high unemployment. This research uses library research (qualitative research) and is a qualitative, descriptive analysis. Literature research, which examines the number of literature relevant to the problem of this writing. Data analysis used in this study is descriptive qualitative by analyzing data/information obtained through descriptive research with library research which is then systematically compiled and described qualitatively. Suggestions that can be delivered related to legal protection according to Law No.18 of 2017 is to increase the guidance and counseling for Indonesian Migrant Workers who will work so that the Indonesian Migrant Workers are ready to be deployed. Based on article 88 of Law No. 18 of 2017 then the government should create a body as mandated by Law No. 18 of 2017 so that the protection of Indonesian Migrant Workers abroad can run effectively
The Authority of Public Prosecutor in Stopping the Prosecution of Criminal Cases based on Restorative Justice Yeriza Adhytia; Arpangi Arpangi; Rakhmat Bowo Suharto
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.19-32

Abstract

The purpose of this study consists of 3 (three) aspects, the first is to analyzePublic Prosecutor's Authority in stopping the prosecution of criminal cases on the basis of restorative justice. The second objective is to analyze the mechanism for stopping the prosecution of criminal cases on the basis of restorative justice. The third objective is to analyze the inhibiting factors in carrying out the termination of prosecution of criminal cases on the basis of restorative justice. The research approach method used is sociological juridical. The conclusion of this research is, first the prosecutor's authority to stop prosecution of a criminal case based on the Termination of Prosecution Perja is a form of attribution authority. Second, the mechanism for stopping prosecution based on restorative justice is carried out within a period of 14 (fourteen) days after receiving the handover of responsibility for the suspect and evidence from the investigator which consists of several stages as stipulated in the Perja on Termination of Prosecution. Third, the most dominant obstacle in the process of discontinuing prosecution based on restorative justice is the statutory factor, namely: short period of time in Dismissal of Prosecutionnot commensurate with the length of the mechanism that must be taken as well as cultural factors, namely the low awareness of the culture of forgiveness by the Victim towards the Suspect which has an impact on the inability to carry out the peace process.
Law Enforcement Against Criminal Acts with A Restorative Justice Approach in Case of Charity Box Theft Pardi Pardi; Gunarto Gunarto; Arpangi Arpangi
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.42-50

Abstract

The purpose of this study was to determine and analyze law enforcement against child crimes with a restorative justice approach in the case of theft of charity boxes. To find out and analyze the application of restorative justice in cases of theft of charity boxes. This study uses an empirical juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data which is then analyzed qualitatively. The results of this study are Law Enforcement Against Child Crime with a Restorative Justice Approach in the Charity Box Theft case that in the application of restorative justice, it is always carried out for children who are perpetrators of criminal acts. In some cases, the restorative justice efforts can obtain an agreement by each party, so that the case is not continued to the prosecution level. The application of restorative justice is only for minor crimes, with a mediation process by deliberation. Application of Restorative justice in the Charity Box Theft Case carried out based on consensus deliberation between the victims, perpetrators, and community leaders, where the parties are asked to compromise to reach an agreement. Each individual is asked to give in and put the interests of the community above personal interests in order to maintain mutual harmony. The concept of deliberation has proven to be effective in resolving disputes in society amidst the failure of the role of the state and courts in providing justice. With the application of restorative justice, the case stops until the investigation stage or is not forwarded to court.
The Study of Crime in the Process of Buying and Selling Land Plots Raden Yonanta Edy Pranawa; Siti Rodhiyah Dwi Istinah; Arpangi Arpangi
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The purpose of this research is to examine, criminal acts in the process of buying and selling land plots in accordance with existing laws and regulations, where the approach method used is the normative juridical method. The conclusion from the following research results, that the problem of buying and selling land in plots does not cause problems when carried out in accordance with laws and regulations, where the sale and purchase of land by plots can only be carried out after the buyer has paid in full the parcel of land that has been purchased and has transferred the land to be the name of the New Land Buyer/Developer. Then the new developer checks the status of land use, makes a Site Plan that is submitted to the BPN, then processes the sale and purchase of land by plot at PPAT. If the sale and purchase does not comply with existing regulations, it will impact to regulation or the law which ruled on it. The police should focus on the case which connected with the criminal actor or corporation on it.
The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed Edi Suarto; Gunarto Gunarto; Arpangi Arpangi; Aryani Witasari
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.1-10

Abstract

This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.
Responsibility of Notary Letter Approval on Under Hands Contract Tara Jasmine; Arpangi Arpangi; Setyawati Setyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.202-220

Abstract

One of the legal actions by Notary in addition to making an authentic deed is making the ratification of an underhand letter and according an underhand letter (legalization) by a Notary. Underhand letters that need to be ratified include a letter of sale and purchase agreement in which a transaction occurs. In applying and interpreting the meaning, method and form of making an underhand letter ratification, interpretations and contradictions often arise regarding this matter, especially with regard to the Notary's Responsibilities in making underhand letter ratification. The purpose of this study is to understand about the responsibility of a notary in making the ratification of an underhand letter in the theory of legal protection and legal certainty theory. This study used a normative research method with statutory approach and library approach. The results of this study indicate that the form of the agreement in the ratification of the letter under the hands of a Notary with legal protection that the notary has no legal obligation to the agreement made by the party making the agreement. However, legal protection is given through the provision of sanctions to Notaries in accordance with the Notary Position Act if it is proven that the Notary has committed deviant actions or behavior or violates the Notary Position Act and the Notary Code of Ethics. The forms of sanctions given are administrative sanctions, civil sanctions, and other sanctions (criminal sanctions and sanctions for a notary code of ethics).
The Notary Role in Making a Deed of an Electronic Sale-Purchase Agreement Ragil Ridho Dewanto; Setyawati Setyawati; Arpangi Arpangi; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 1 (2022): March 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.1.148-160

Abstract

The purpose of this research is to analyze and find out: 1). The role of the Notary in making the deed of the sale and purchase agreement based on Act No. 25 of 2009 concerning Public Services. 2) Constraints and solutions in making a Notary Deed electronically. The method used in this study is the juridical-normative method, the specifications in this study are descriptive analysis, the data used are primary data and secondary data, using data collection with library studies and field studies, qualitative data analysis, problems analyzed by authority theory and legal certainty. The results of this study indicate that: 1) The role of a notary in making a deed of sale-purchase agreement based on Act No. 25 of 2009 concerning Public Services is to authenticate electronic-based documents, which authentication documents can be printed out anywhere, anytime. Notaries also play a role in providing certainty to the parties when conducting transactions completely on their own consciousness and without any coercion or threats to sign electronic-based documents. In this cyber notary, the difference is in terms of facing. So far, facing is done by being physically present but facing in relation to a cyber notary is done by using electronic media, such as teleconference or video call. 2) Obstacles and solutions in making Notary Deeds electronically, namely the absence of laws governing cyber notaries in Indonesia such as in developed countries, is an obstacle for Notaries to take one step further in order to create good, effective, efficient, and safe public services.
The Waqf Legal Politics in Law Reform Perspective Okky Prastyo Ajie; Arpangi Arpangi
Law Development Journal Vol 3, No 4 (2021): December 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (662.688 KB) | DOI: 10.30659/ldj.3.4.852-862

Abstract

This study aims to analyze the previous ijtihad fuqaha towards the designation of waqf land was aimed at the benefit of the people in accordance with the social conditions at that time. Likewise, the ijtihad of Indonesian scholars towards the development of waqf objects is for the benefit of mankind which is adapted to the needs and social settings at this time. Because basically the law is the articulation of human thought and activity in his life. Legislation is the main way of creating laws. Regulations is the main joint of the national legal system in Indonesia. The research method used by the author is normative juridical research. This scientific method approach is used to find the truth based on the theory of normative legal experts. In addition, legislation is a very effective instrument in law reform because of its binding and coercive legal force. Legal politics has a very important role in the formation of laws and regulations and Indonesian national law, considering that legal politics is used as a basic guide in the process of determining values, establishing and developing national law in Indonesia. Waqf as an institution derived from Islamic law plays an important role in the religious and social life of Muslims. In conclusion, the waqf legal regulations that are applied to Indonesian Muslims today can be found in book III of the Compilation of Islamic Law (KHI) and Act No. 41 of 2004 concerning Waqf.
Co-Authors Agus Widodo Amin Purnawan Amin Wastoni Andri Winjaya Laksana Andri Winjaya Laksana Anis Mashdurohatun Apitta Fitria Rahmawati Aryani Witasari Cahaya Mutiara Mardiana Putri Denny Suwondo Denny Suwondo Dodiawan S Dodiawan S Edi Suarto Edward Cevy Listiyanto Feri Satria Wicaksana Effendy Galuh Sekar Widjayanti Gunarto Gunarto Gunarto Gunarto Henry Elenmoris Tewernussa I Putu Angga Feriyana Ira Alia Maerani Jamaludin Al Ashari Metry Widya Pangestika Novita Ilmaris Nurfita Anggraini Tohari Okky Prastyo Ajie Pardi Pardi Peni Rinda Listyawati Peni Rinda Listyawati Pudjiyanto Pudjiyanto Putri Qoriyati Aeny Raden Yonanta Edy Pranawa Ragil Ridho Dewanto Rakhmat Bowo Suharto Sandika Dwi Nugroho Satria Ardi Yana Sekar Tresna Raras Tywi Setyawati Setyawati Siti Rodhiyah Dwi Istinah Suhendri Suhendri Sukarmi Sukarmi Tara Jasmine Widayati Widayati Winanto Winanto Yeriza Adhytia