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Dadang Suprijatna
Universitas Djuanda

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IMPLEMENTATION OF LEGAL ASSISTANCE IN CRIMINAL CASES IN CIBINONG DISTRICT COURT Radonna, Sutan Surya; Suprijatna, Dadang; Gilalo, J. Jopie
DERECHTSSTAAT Vol 4, No 1 (2018): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v4i1.1239

Abstract

Legal aid is a legal sevice program provided to alleviate the burden of life for  people who cannot afford financially, and is also useful to create justice and legal protection to society. This legal research is an empirical legal research or descriptive field research. The research is located at Cibinong District Court. Data collection techniques were conducted through interviews with Cibinong District Court judges and literature studies in the form of books, legislation, journals, etc. to support comprehension and completeness of data or materials. Problems in this Research are about implementation of the granting of legal aid to defendants who cannot afford financially in criminal cases and restricted factors towards implementation of granting legal aid to defendants who cannot afford financially in criminal cases. Based on the research results, and the discussion about the analysis of the implementation of legal aid to defendants who cannot afford financially in criminal cases, the implementation of the granting of legal aid can be done through courts, and Legal Aid Institutes (LBH) and  directly in accordance with initiative of advocates who voluntarily willing to accompany the defendants. Factors restricting implementation of granting legal aid to defendants who cannot afford financially in criminal cases such as: factors in law enforcement, social and cultural factors, facilities and infrastructure as well. As recommendation, it high required to to courts and LBH to socialize procedures of free legal assistance to the defendants and what sanctions to parties who inhibit the implementation of the granting of legal aid to the defendants in criminal cases.
HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM Suprijatna, Dadang
DERECHTSSTAAT Vol 2, No 1 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i1.656

Abstract

 This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.
ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP Agustina, Hurip; Suprijatna, Dadang; Hakim, Aal Lukmanul
DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i2.675

Abstract

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.
HAK ASASI MANUSIA SEBAGAI BAROMETER HUKUM DAN GLOBALISASI Suprijatna, Dadang
DERECHTSSTAAT Vol 3, No 1 (2017): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i1.740

Abstract

Human rights as a barometer of the law in its formation is to see from the social phenomena that grow and develop in society that gave birth to social contract. Society is understood as the unity of separate individuals who build a personal bond before the emergence of society itself. The states form of responsibility to its people is to create opportunities for people to gain their rights, as a form of contribution to the people as legitimate owners. The State can no longer ignore any form of any popular will, it is a Right that must be protected and gained great influence from other societies, including the international community globally, which can ultimately affect and / or become a barometer of globalization. Globalization is portrayed as increasing interconnection and social interdependence, politics, economy, law and culture of society behavior, but globalization has also resulted in diminishing the virtue of nation state even an important phenomenon that can not be avoided by anyone, any nation and any country, including Society, nation and state of Indonesia. For that it is fitting for the people and the Indonesian nation to be wary of the growth and development of Globalization that can damage the Mission of Pancasila as the Reject Measure the life of nation and state.
ANALYSIS AGAINST ARREST SUSPECT IN POLICE REGULATION NO. 14 YEAR 2012 ON THE CRIME INVESTIGATION MANAGEMENT (CASE STUDY IN NORTH BOGOR POLICE) Suprijatna, Dadang; Wardana, Indralis; Siregar, Fahrul
DERECHTSSTAAT Vol 1, No 2 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i2.414

Abstract

ABSTRACTThe method used in this thesis is a normative juridical research that is the approach that uses the concept of positive legality which states that the law is identical with the norms made written and enacted by institutions or authorities. In addition this concept also saw law as a normative system that is autonomous, closed and detached from public life. For the purposes of the investigation, investigators at the behest of investigators authorized to make arrests also for the sake of the investigation, the investigator and the investigator maid authorities make arrests. Arrest order made against a person who alleged a criminal offense based on sufficient preliminary evidence. Execution of tasks arrests were made by police officers of the Republic of Indonesia by taking into account the Letter of Assignment and gives an arrest warrant that lists the suspects identity and mentions the reason for arrest and brief descriptions of crimes that presupposed and place in check, in which case caught arrests made without warrants, provided that the catcher should be immediately handed caught and existing evidence to the investigator or the investigators closest aides, ransom arrest warrant should be given to the family immediately after the arrest is done, can be done for a maximum of one day. The conclusion of this study are 1) The arrest of the perpetrators of the process by members of the police force North Bogor Police first is the start of the search for information, arrest / raids, searches of perpetrators, confiscation of evidence to facilitate the examination of the offender. 2) Barriers experienced by members of the North Bogor Police in the execution of the arrest of a criminal offense (a) Lack of cooperation between the police (investigators) to the public; (b) Perpetrators of the crime of removing traces of the crime; (c) Limited facilities and prasarana.yang owned by North Bogor Police; (d) .Terbatasnya human resources (police) to uncover a crime. 3) Efforts by the North Bogor Police to overcome the obstacles in the process of the arrest of perpetrators of criminal acts as follows: (a) Fix yourself to socialize paradigm shift to community policing. (b) Provide an opportunity for the whole society to provide input to the North Bogor Police. (c) Guidance personnel are able to provide persuasive measures. (d) Propose to the City Police Bogor on procurement operational support facilities.
ANALISIS YURIDIS FORUM KEMITRAAN POLISI DAN MASYARAKAT DALAM PENYELESAIAN MASALAH MELALUI MUSYAWARAH BERDASARKAN SKEP KAPOLRI NO. : SKEP/737/X/2005 TENTANG KEBIJAKAN DAN STRATEGI KEPOLISIAN (Studi Kasus Polsek Bogor Utara) toso, San; Suprijatna, Dadang; Gilalo, J. Jopie
DERECHTSSTAAT Vol 2, No 2 (2016): JURNAL HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v2i2.676

Abstract

As a barometer of political stability, defense and security. Development of policy and strategy leadership of the Police on community policing (community policing) as a follow up of National Police chief SKEP No. Pol .: SKEP / 737 / X / 2005. The program is intended for the police closer to the community so that people are encouraged / motivated to cooperate with the police in assisting the principal task of the police to create security and order (security and public order). Identification of problems in this study were 1) How the duties and functions of the Police and Community Partnership Forum in resolving conflicts in society, 2) Any barriers and Efforts faced by Police and Community Partnership Forum in resolving conflicts in the community The purpose of this study was to determine the duties and functions FKPM, barriers, and efforts to resolve conflicts in society. In writing this essay, the writer used descriptive analytical research. This research method is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Results of this study concluded that the duties and functions of the Police and Community Partnership Forum in resolving conflicts in society in order to realize the maximum and community policing has not yet impact on the increasing public perception of the police. The direct impact of the policy community policing in all areas is simply the birth of the board-board FKPM. In terms of implementation, it appears less optimal competence of officers in the police station and police station level. Instructive culture within the police, which was adopted from the military norm policing policy making by officials on the ground is seen more as a mere implementation of new tasks rather than the improvement of quality of service.
ARCHIVING OPTIMIZATION IN SAMSAT BOGOR CITY LINKED WITH POLICE REGULATION NOMOR 5 OF 2012 ON MOTOR VEHICLE REGISTRATION AND IDENTIFICATION Sapari, Eka; Suprijatna, Dadang; yadi, Mul
DERECHTSSTAAT Vol 3, No 2 (2017): Jurnal HUKUM DERECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i2.962

Abstract

Regident Ranmor aiming for orderly administration, control and supervision of motor vehicles in Indonesia, facilitate investigations offense or crime, planning, operational management and traffic engineering and transport road and national development planning. Regident Ranmor include new Ranmor registration, registration of identity change Ranmor and owners, registration or registration renewal and endorsement Ranmor. In addition to these activities regident Ranmor also includes blocking Ranmor regident documents related crime, replacement and deletion of documents regident Ranmor Ranmor registration number. The research method is needed to collect the amount of material used to answer the juridical analysis. Based on the problem, the research method used in normative juridical reseacrh method that is legal conceived as norms, rules, principles or dogmas. Mechanism archiving in Samsat Bogor City related to the Police Regulatins No. 5 of 2012 on Registration and Identifications of Motor Vehicles include: (1) Acceptance of the archive, (2) Labelling aechives, (3) the Sustainer archives made by some archivist assigned to maintain and secure confidentiality archives, and (4) Depreciation archives, Obstacles in the archiving on SAMSAT Bogor city linked with police Regulation No. 5 of 2012 on Registration and Identification of Motor Vehicles include: (1) lack of understanding of the importance of archives, (2) Increase in volume archives continuous basis, (3) There has guidelines working procedures archival, (4) the use of archives by the manager or by other parties that require long periods of time, and (5) can not or difficult rediscovery archives quickly and precisely. To overcome the problems that exist in archiving in order not to harm the institution, while the steps that can be taken include: (1) Must use storage system, (2) Need for regulating lending procedures in addition to supervision / control and control right, (3) Expanding the storage space and streamline the room as well as the existing equipment, (4) facilities archives should be qualified and with the times, (5) regularly held the treatment and prevention of damage, (6) the clerk records should be eligible, (7) Including the archives in courses or educational and training of archival and use of sophisticated technology, and (8) Conducting regular depreciation and destruction of the archives has been unused.
FUNGSI CEK FISIK KENDARAAN BERMOTOR DIKAITKAN DENGAN PERATURAN KAPOLRI NOMOR 5 TAHUN 2012 TENTANG REGISTRASI DAN IDENTIFIKASI KENDARAAN BERMOTOR DI KANTOR SAMSAT KOTA BOGOR santo, Ikh; Suprijatna, Dadang; Gilalo, J. Jopie
DERECHTSSTAAT Vol 3, No 1 (2017): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v3i1.722

Abstract

The background is  study because of their expectations and the reality is much different. The expectations of society, the function is physical check of motor vehicles in Bogor City Police Office Samsat, the service satisfactory,  work professionally, proportional and procedural, so that public services can be felt by both the performance conducted by officers Samsat, especially in the service of the physical check both new vehicles , behind the name, extension of five years, aid physical check. The service is done either to individuals, enterprises or government agencies. Whereas in fact there are officers who play in the implementation of the physical check services such motor vehicle is to prioritize services to enterprises or government agencies. This study was conducted in normative, in the implementation of this study the authors used normative juridical approach, legal or norm, and juridical sociological , legal opening up on social changes, especially Cek  Physical Function, Motor Vehicle Registration and Identification , in giving excellent service. In year 2010 there were 68.511 vehicles, the year 2011 recorded 74.459 units of vehicles,  the year 2012 there were 75.630 vehicles, the year 2013 there were 85.029 vehicles, in 2014 there were 86 343 vehicles , the analysis that there is service improvement must be balanced with the ability of human resources professionals, so that all requests relating to a physical check of vehicles or vehicle registration services can make a positive contribution to society.
CONSTITUTIONAL CONVENTION IN PRACTICE CONSTITUTION IN INDONESIA Suprijatna, Dadang
DERECHTSSTAAT Vol 1, No 1 (2015): JURNAL HUKUM "DERECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v1i1.394

Abstract

ABSTRACT Conventions has the same legal force by law, because it is accepted and executed, even the convention can shift the written laws. Constitution change, one of them can be reached through the convention, because the constitution is open to be evaluated and refined over time through political mechanisms. To make changes and improvements in the constitution can be developed through amendments or changes as stipulated in Article 37 of the Constitution of 1945 can also be done through a constitutional convention. Convention by constitutional law experts recognized as one of the sources of constitutional law that can be used in the preparation of the implementation system of the Republic of Indonesia as the law states that sovereignty of the people. Almost all modern countries in the world beside it has the constitution (the written Constitution) in the practice of state administration also acknowledges the convention. There are convention in every constitutional system, especially in democracies. For Indonesia, the convention grew by or in accordance with the needs of the Indonesian state. Therefore it should be understood that the convention can not be"imported" form the constitutional system of other countries may be different principle and character with the state system of Indonesia. Parliamentary system that has been entrenched in the constitutional system in western countries, are certainly not in accordance with the constitutional system of Indonesia under the Act of 1945. Keywords: Convention, Constitutional, Indonesias Constitution 
CONSTITUTIONAL CONVENTION IN PRACTICE CONSTITUTION IN INDONESIA Dadang Suprijatna
JURNAL HUKUM DE'RECHTSSTAAT Vol. 1 No. 1 (2015): JURNAL HUKUM "DE'RECHTSSTAAT"
Publisher : Fakultas Hukum Universitas Djuanda Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (87.64 KB) | DOI: 10.30997/jhd.v1i1.394

Abstract

ABSTRACT Conventions has the same legal force by law, because it is accepted and executed, even the convention can shift the written laws. Constitution change, one of them can be reached through the convention, because the constitution is open to be evaluated and refined over time through political mechanisms. To make changes and improvements in the constitution can be developed through amendments or changes as stipulated in Article 37 of the Constitution of 1945 can also be done through a constitutional convention. Convention by constitutional law experts recognized as one of the sources of constitutional law that can be used in the preparation of the implementation system of the Republic of Indonesia as the law states that sovereignty of the people. Almost all modern countries in the world beside it has the constitution (the written Constitution) in the practice of state administration also acknowledges the convention. There are convention in every constitutional system, especially in democracies. For Indonesia, the convention grew by or in accordance with the needs of the Indonesian state. Therefore it should be understood that the convention can not be"imported" form the constitutional system of other countries may be different principle and character with the state system of Indonesia. Parliamentary system that has been entrenched in the constitutional system in western countries, are certainly not in accordance with the constitutional system of Indonesia under the Act of 1945. Keywords: Convention, Constitutional, Indonesias Constitution