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Jurnal UMPurwokerto Law Review Fakultas Hukum - Universitas Muhammadiyah Purwokerto Jl. K.H. Ahmad Dahlan, Purwokerto, Jawa Tengah Indonesia, 53182
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Kab. banyumas,
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INDONESIA
UMPurwokerto Law Review
Published by Universitas Muhammadiyah Purwokerto
ISSN : 27453839     EISSN : 27455203     DOI : http://dx.doi.org/10.30595/umplr
Core Subject : Social,
Social Sciences
UMPurwokerto Law Review (P-ISSN: 2745-3839 & E-ISSN: 2745-5203) is an international, open-access journal with rapid peer-review, which publishes works from a wide range of fields law. UMPurwokerto Law Review is published twice a year (February & August) by the Faculty of Law Universitas Muhammadiyah Purwokerto. The review process in this journal uses a double-blind review, which means that the identity of the reviewer and writer is kept secret from the reviewer, and vice versa.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 44 Documents
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The Role of the Public Prosecutor in settlement of Child Cases Through Diversion at the Purwokerto District Attorney Fitri Viana Sari
UMPurwokerto Law Review Vol 1, No 2 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i2.8659

Abstract

Wherever possible, the child is avoided from examination in court. As long as it fulfills the conditions specified, juvenile criminal cases must be resolved through Diversion. The Indonesian Child Protection Commission states that there are 7000 cases of children facing court proceedings every year. This study aims to determine the role of the public prosecutor in resolving child cases through Diversion and the obstacles to implementing Diversion at the Purwokerto District Attorney. The method used is normative juridical, namely researching library materials or secondary data by searching for regulations related to the problems in this study. The results of this study 1) The role of the Public Prosecutor in resolving child cases through Diversion at the Purwokerto District Attorney's Office is to act as a mediator. If the Diversion does not reach an agreement, the Public Prosecutor shall make an official report declaring the diversion process failed and transfer the case to the District Court. On the other hand, if the Diversion is successful, the Public Prosecutor makes an official report and then submits it to the District Court. 2) The Public Prosecutor's constraints in resolving child cases through Diversion are the unclear regulations regarding the guidelines for implementing diveri at the beginning of the enactment of Law Number 12 of 2012 Regarding the Juvenile Criminal Justice System until finally, in 2015, the government issued the Regulation of the Attorney General of the Republic of Indonesia Number PER-006/JA/04/2015 concerning Guidelines for Implementing Diversion at the Prosecution Level. If the victim was not cooperative, the perpetrator could not fulfill the request for compensation from the victim. That culture develops in society that perpetrators of crimes must be tried and sentenced to prison regardless of whether the perpetrator is a minor, hindering the diversion process's implementation.Keywords: Prosecutor's Role, Children, Diversion 
LAW ENFORCEMENT OF BREACH OF USE OF SEMAN PANTAN KRANJI RIVER IN BANYUMAS REGENCY Eko Nur Setiawan; Soediro soediro; Astika Nurul Hidayah
UMPurwokerto Law Review Vol 1, No 1 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i1.7732

Abstract

The rapid increase in population has led to an increase in demand for housing. The demand for housing is not proportional to the available land. Control of borderline violations is an effort in the context of law enforcement in accordance with existing laws and regulations. This study will discuss law enforcement efforts related to violations of the utilization of river borderlines and obstacles in controlling the use of Kranji river border violations in Purwokerto Timur District, Banyumas Regency, which is regulated in the Minister of Public Works and Public Housing (PUPR) Regulation of the Republic of Indonesia Number 28 / PRT / M / 2015 concerning Determination of River Border and Lake Border Lines. The research method used in this study is a normative juridical approach that is carried out through literature studies that examine secondary data in the form of legislation and other legal documents, as well as research results, results of studies, and other references. Normative juridical methods can be supplemented by interviews. Supervision and imposition of sanctions that have not been maximally become one of the causes of violations against the river border. (In addition) As well as the lack of public awareness and low public awareness of the laws and regulations relating to the determination of the river border so that it affects violations of the river border.Keywords: Law Enforcement, Borderline, River
INTEGRATED ONE ROOF MANAGEMENT ADMINISTRATION SYSTEM IN PREVENTING AND MANAGING OF MOTORIZED VEHICLE LETTERS Tegar Eris Pambudi; Indriati Amarini; Ika Ariani Kartini
UMPurwokerto Law Review Vol 1, No 1 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i1.7729

Abstract

The falsification of motor vehicle papers is a form of crime that often occurs in the community. This study aims to analyze the administration of a one-stop motorized unified administrative system in preventing and overcoming the falsification of motorized vehicle documents and sanctions for falsifying documents. This research is normative juridical. The research approach is carried out through literature studies that examine secondary data in the form of books, journals, research results, and legislation. The results showed that the prevention and control of falsification of motorized vehicle documents were carried out by the Joint Office of the one-stop single administration system based on Presidential Regulation No. 5/2015 concerning the Implementation of the One-Stop One-Stop Administration System. The provisions of sanctions in the falsification of a letter are regulated in Articles 263-276 of the Criminal Code. The implementation of an integrated one-stop administration system between the Samsat Office and the police as law enforcement officers are needed to reduce the falsification of motorized vehicle documents.Keywords: SAMSAT, Letter Counterfeiting, Motorized Vehicles
Public Authority in Interim Replacement of Members of the House of Representatives Rahmat Adi Setiawan
UMPurwokerto Law Review Vol 1, No 2 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i2.8661

Abstract

The House of Representatives is a people's representative institution or legislative body. Membership of the House of Representatives, both at the central and regional levels, can be replaced with other members through a mechanism, namely Interim Replacement. The purpose of interim replacement is to maximize the performance of legislators effectively and efficiently. However, there is a problem, namely the replacement of members of the legislature in the middle of their term of office. This study aims to analyze the mechanism of interim replacement of members of the House of Representatives and how the involvement of voters in the intertime replacement mechanism. This research is normative juridical research using secondary data as the primary data in the form of legislation, research results, and journals. Based on the research results, the interim replacement mechanism does not involve the public, namely voters. Disputes between members of the legislature and the supporting party cannot be avoided due to the inappropriate process of implementing the mechanism. It is necessary to improve the mechanism for the Interim Replacement of members of the House of Representatives, which is not only the authority of political parties but also the public authority, namely the constituent voters.Keywords: Public Authority, Interim Replacement, Representative
LEGAL PROTECTION OF ABORTION ABUSERS IN THE PREGNANCY OF RAPE IN INDONESIA Firdaus Pria Pradana; Rahtami Susanti; Bayu Setiawan
UMPurwokerto Law Review Vol 1, No 1 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i1.8053

Abstract

Abortion is prohibited except on the basis of indications of medical emergencies and pregnancy due to rape as regulated in Article 75 paragraph (2) of Law Number 36 the Year 2009 Concerning Health. Nevertheless, there are some cases where rape victims who abort their womb are found guilty of violating Article 346 of the Criminal Code. This study discusses the legal protection of abortionists in pregnancy due to rape. The purpose of this study was to analyze the legal protection of victims of rape who had an abortion (abortion provokes). The research method used is a normative juridical approach that is through literature studies that examine secondary data in the form of legislation and other legal documents, research results, results of studies, and other references. The results of this study are that rape victim who did an abortion were not convicted in accordance with Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health and the existence of pre and post-abortion counseling in accordance with Article 37 of Government Regulation Number 61 of 2014 concerning Reproductive Health.Keywords: Legal protection, Abortion, the rape victim
Legal Considerations of The Judges In Narcotics Rehabilitation Decisions (Analysis of Decisions Number: 112 / Pid.Sus / 2018 / PN.Pwt.) Erik Harun Alrosid
UMPurwokerto Law Review Vol 1, No 2 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i2.8664

Abstract

Abstract A judge's legal considerations are essential in determining the value of a judge's decision that contains justice (ex aequo et bono), legal certainty, and benefits for the parties concerned. This study analyzes judges' legal provisions in verifying rehabilitation sentences for narcotics abuse cases and judges' legal considerations in rehabilitation decisions in narcotics cases Number: 112 / Pid.Sus / 2018 / Purwokerto District Court. The research method used in this research is a normative juridical approach, which is carried out through a literature study that examines secondary data in the form of laws and regulations and other legal documents and research results, assessment results, and other references. Legal considerations of Purwokerto District Court judges in examining and deciding cases of narcotics cases with case Number: 112 / Pid. Sus / 2018 / Purwokerto District Court by imposing a sentence without imprisonment, which is only in medical rehabilitation for 6 (six) months in the Mental Health Service Installation. The integrated Banyumas Regional Hospital is not correct. Judges need to consider imprisonment to give a deterrent effect to the accused himself and also to other people or the community from committing the same act. That was because when the medical examination was carried out at the Mental Health Service office of the Banyumas Regional General Hospital, based on the results of the examination, there were no significant physical and psychological symptoms of dependence on the defendant. Judges in giving judges consideration should be treated more carefully, well, and carefully.Keywords:   Legal considerations, Judges, RehabilitationAbstrakPertimbangan hukum hakim merupakan salah satu aspek terpenting dalam menentukan terwujudnya nilai dari putusan hakim yang mengandung keadilan (ex aequo et bono), kepastian hukum, dan manfaat bagi para pihak yang bersangkutan. Penelitian ini menganalisis terkait ketentuan hukum yang digunakan hakim dalam menjatuhkan vonis rehabilitasi terhadap kasus penyalahgunaan narkotika dan pertimbangan hukum hakim dalam putusan rehabilitasi dalam kasus narkotika Nomor: 112/Pid.Sus/2018/Pengadilan Negeri Purwokerto. Metode penelitian yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif yaitu dilakukan melalui studi pustaka yang menelaah data sekunder berupa Peraturan Perundang-undangan dan dokumen hukum lainnya, serta hasil penelitian, hasil pengkajian, serta referensi lainnya. Pertimbangan hukum hakim Pengadilan Negeri Purwokerto dalam memeriksa dan memutus perkara kasus narkotika dengan perkara Nomor: 112/Pid.Sus/2018/Pengadilan Negeri Purwokerto dengan menjatuhkan pidana tanpa penjara, yaitu hanya berupa rehabilitasi medis selama 6 (enam) bulan di Instalasi Pelayanan Kesehatan Jiwa Terpadu RSUD Banyumas tidak tepat. Hakim perlu mempertimbangkan pidana penjara untuk memberikan efek jera kepada terdakwa itu sendiri dan juga kepada orang lain ataupun masyarakat agar tidak melakukan perbuatan yang sama. Hal ini dikarenakan pada waktu dilakukan pemeriksaan medis di kantor Pelayanan Kesehatan Jiwa Rumah Sakit Umum Daerah Banyumas, berdasarkan hasil pemeriksaan tidak terdapat gejala ketergantungan Fisik dan Psikologis yang bermakna bagi diri Terdakwa. Hakim dalam memberikan Pertimbangan hakim seharusnya lebih disikapi dengan teliti, baik, dan cermat.Kata kunci:  Pertimbangan hukum,  Hakim, Rehabilitasi.
Juridical Review Of The Euthanasia Crime In The Indonesian Criminal Law System Andhes Hary Zugesthy
UMPurwokerto Law Review Vol 1, No 2 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i2.8662

Abstract

AbstractEuthanasia is the act of ending the life of someone who is seriously ill and has a minimal life expectancy intended to relieve suffering. This study aims to identify and analyze the regulation of euthanasia in the Indonesian criminal law system and determine whether euthanasia can be decriminalized under the current Indonesian criminal law system. Patients who are seriously ill and have a minimal life expectancy are often the reason for euthanasia, both on their own and on the wishes of their families. This action is included in Article 344 of the Criminal Code in the Criminal Code. For now, the Indonesian criminal law system is experiencing difficulties in proving euthanasia because there is no detailed criminal formulation applied regarding euthanasia, then decriminalization of euthanasia cannot be justified.Keywords: Legal system, Euthanasia, Decriminalization.AbstrakEthuanasia merupakan tindakan mengakhiri kehidupan seseorang yang sakit parah dan memiliki harapan hidup yang sangat kecil dimaksudkan untuk menghilangkan penderitaan. Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisi pengaturan euthanasia dalam sistem hukum pidana Indonesi serta mengetahui apakah euthanasia dapat didekriminalilasi berdasarkan sistem hukum pidana Indonesia saat ini. Pasien yang menderita sakit parah dan memiliki harapan hidup yang sangat kecil seringkali menjadi alasan untuk dilakukan tindakan euthanasia baik hal tersebut atas keinginan dirinya sendiri maupun atas keinginan keluarganya. Dalam KUHP tindakan ini  masuk ke dalam Pasal 344 KUHP. Untuk saat ini, sistem hukum pidana Indonesia mengalami kesulitan pembuktian euthanasia dikarenakan tidak adanya rumusan pidan secara terperinci diterapkan mengenai euthanasia, kemudian untuk dekriminilasi terhadap euthanasia pun tidak dapat dibenarkan untuk saat ini.Kata Kunci : Sistem hukum, Euthanasia, Dekriminalisasi
SIKOPYAH WATER PRESERVATION BASED ON REGIONAL REGULATION OF PURBALINGGA REGENCY NUMBER 2 YEAR 2014 CONCERNING PROTECTION AND MANAGEMENT OF LIVING ENVIRONMENT Naufal Sajid Ramadhan; Soediro Soediro; Astika Nurul Hidayahh
UMPurwokerto Law Review Vol 1, No 1 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i1.8052

Abstract

Sikopyah Springs is a source of clean water supply for the people of Serang Village, Karangreja District, Purbalingga Regency which is a member of the Village Owned Enterprises (BUMDes) and is also used to meet the needs of the community outside the village managed by the Regional Water Company (PDAM). With the increasing need for clean water, the proper management of water resources is needed. Some things that can be known in relation to the management of the Sikopyah Springs are first by knowing the spring management program carried out by the community in Serang Village, second by analyzing demographic and topographic data from the Serang Village community in an effort to manage Sikopyah Springs, and third by getting factors both a booster and an obstacle in the management of springs in Serang Village. The study was conducted using normative juridical research methods and data specifications using descriptive methods, then analyzed using qualitative data analysis methods. The study results show that conservation efforts, namely the use, protection, and preservation of the Sikopyah Springs, have been carried out by the people of Serang Village.Keywords: Environmental Conservation, Sikopyah Springs, Regional Policy 
Dispute Resolution Due to Default Based on Contract Agreement: Case Study of PT. Serayu Putra Persada With CV. Mustika Karya Pratama Radiex Wisnu Perdana
UMPurwokerto Law Review Vol 1, No 2 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i2.8368

Abstract

Development is an effort to create the prosperity and welfare of the people. The stages of development work sometimes experience obstacles, both from human factors and other resources. Problems that can occur during the implementation of construction work include potential disputes, disagreements, differences in understanding, or disputes between parties involved in a construction agreement that will default. The method in this research uses the normative juridical method. The normative juridical method is carried out through literature studies examining mainly secondary data in statutory regulations, court decisions, agreements, contracts, other legal documents, research results, study results, and other references. The result of this research is the default made by CV. Mustika Karya Pratama in the form of not making payments so that PT. Serayu Putra Persada came to the office of CV. Mustika Karya Pratama to ensure the continuation of term payments. With these problems, it is hoped that the parties involved in this work can comply with and understand the legal rules that have been set.Keywords:  Development, Agreement, Default.
The Role of the Kebumen Regency Local Government in Efforts to Control Shrimp Pond Business in the South Coastal Area of Kebumen Regency Siti Nur Yuliana
UMPurwokerto Law Review Vol 1, No 2 (2020)
Publisher : Faculty of Law Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/umplr.v1i2.8663

Abstract

Kebumen district government encourages the cultivation of shrimp ponds on the south coast. However, in cultivation, it should comply with existing regulations, among others according to the mandate of Law Number 27 of 2009 which was revised to Law Number 1 of 2014 concerning Management of Coastal Areas and Small Islands. In addition, it must be in accordance with the Regional Spatial Plan (RTRW) Number 23 of 2012. The law states that a 100 meter long coastal border is used as a conservation area. So that related to the making of ponds in coastal areas, it should be outside the conservation area. Of course, these rules must be binding. This area is used as a green belt. So that the uneven location must be used according to its designation. In the RTRW it has even been stated that the southern coast, better known as Urut Sewu, is a defense and security area. Especially in the Dislitbang environment of the TNI AD, Setrojenar Village, Buluspesantren District to Mirit District. The proliferation of shrimp ponds in the Urut Sewu area without a permit should be of particular concern to the Kebumen district government. Therefore, this study aims to determine how the role of the regional government of Kebumen Regency in controlling the shrimp pond business in order to comply with the applicable regulations and to know the legal consequences for shrimp farmers who set up a pond business without having a business license. In this study, researchers chose to use descriptive qualitative research methods. Descriptive research aims to provide an overview of a particular symptom. Data collection was carried out by interviewing the Kebumen Licensing Office, the Fisheries and Marine Office of Kebumen Regency, and residents of Jogosimo Village as a sample of shrimp farmers. The results of the research related to the existence of these ponds, related parties provided guidance to the pond owners. As has been done by Satpol PP, the Integrated Investment and Licensing Agency of Kebumen Regency, and the Marine and Fisheries Office of Kebumen Regency. In fact, it was followed up by checking directly into the field. Head of Planning at the Office of Marine Affairs and Fisheries, Kebumen Regency. The government should not only make preventive efforts but also repressive efforts, for example by issuing a special regulation regarding shrimp farming, considering that currently, shrimp ponds are a new livelihood for residents around the southern coast of Kebumen Regency.Keywords: Local Government, Shrimp Farming, Business License

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