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Iyah Faniyah
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iyahfaniyah@unespadang.ac.id
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swarajustisia@unespadang.ac.id
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Jl. Bandar Purus No.11, Padang Pasir, Kec. Padang Barat, Padang City, Sumatera Barat, Indonesia, 25112
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INDONESIA
UNES Journal of Swara Justisia
Published by Universitas Ekasakti
ISSN : 25794701     EISSN : 25794914     DOI : https://doi.org/10.31933/ujsj.v7i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
UNES Journal of Swara Justisia di terbitkan oleh Program Magister Ilmu Hukum Universitas Ekasakti. Dimaksudkan sebagai sarana untuk mempublikasikan hasil penelitian hukum. Penelitian yang dimuat merupakan pendapat pribadi peneliti dan bukan merupakan opini redaksi. Jurnal yang terbit secara berkala 4 (empat) kali dalam setahun yaitu April, Juli, Oktober dan Januari.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)" : 10 Documents clear
PELAKSANAAN ASESMEN TERHADAP PECANDU NARKOTIKA OLEH SATUAN RESERSE NARKOBA KEPOLISIAN RESOR KEPULAUAN MENTAWAI Irmon Irmon; Iyah Faniyah
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

The government's effort to tackle the problem of narcotics abuse is to enact Law No. 35 of 2009 concerning Narcotics. In its development to protect addicts and victims of narcotics abuse, it no longer boils down to imprisonment sanctions, but empties into rehabilitation as stipulated in SEMA Number 4 of 2010 and SEMA Number 11 of 2011. As for rehabilitation, every addict and victim of narcotics abuse must an assessment process was carried out by the Integrated Assessment Team. The Assessment Process is the initial process where narcotics addicts and victims of narcotics abuse report to the Police and Obligatory Report Receiving Agencies (IPWL), as Satresnarkoba Polres Mentawai did which conducted four assessments during 2015 to 2017
UPAYA PENINGKATAN KESADARAN HUKUM PENGEMUDI MOBIL DALAM PENGGUNAAN SAFETY BELT Donny Putra
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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The duty for used safety belt for drivers and passangers sit beside that of car in the road for safety that drivers and passangers how to managed in the section 106 article (6) ordinance number 22 year 2009 about traffic and street transportation. Duty for used safety belt how to used that, in fact in the field the people still do not care with that, that meaning was consciousness people’s law (driver) for used safety belt still down, Infraction of duty for who do not used this safety belt for does may to punishment with punish during 1 month caged or too much Rp.250.000,- fine appropriate with section 289 ordinance number 22 year 2009 about traffic and street transportation. Based on the regearch method have a quality analysis of descriptive with approachment juridical normative as approachment prime and approachment juridical empirical as proponent prime approachment, that support material and primary data and secondary along with data analysis according to qualitative, writer will search the answers of problem’s law, level of conscionsness car drivers used or do not used safety belt, and effort by unit police traffic at padang city in the cope with infraction of this traffic. The result did this reserach refer to level law conscionsness car drivers was law for used safety belt at the driver in the road, this background situation there are some factors like factor consciousness driver law, law maintenance, background of padang city, how that situation this cars, and sosialiszation traffic ordinance. The effort already that doing by padang’s police in the cope with this traffic infraction was with some approachment there are : preemptive approachment, preventive approachment and repressive approachment.
EKSISTENSI BALAI PEMASYARAKATAN DALAM SISTEM PERADILAN PIDANA ANAK (Studi Pada Balai Pemasyarakatan Kelas II Bukittinggi) Aditya Maisa
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

The State has an obligation to fulfill the rights of children in conflict with the law, both children as perpetrators, victims, or witnesses. Prisons have an important role in assisting children who are in conflict with the law inside and outside the criminal justice process.Based on Background above, the writer formulates the problem as follows: 1. How is Existence of Correctional Institution in Child Criminal Justice System? 2. What are the obstacles faced by the Bukittinggi Class II Prison in guiding the child facing the law, and how to overcome these obstacles?The research method used in this thesis research is with analytical descriptive research specification. In this research, the approach used is juridical approach method. This approach is also supported by an empirical juridical approach, by looking at how legislation is applied in practice in the field. The data source that writer use is secondary data and primary data. The data obtained were analyzed qualitatively and presented in the form of descriptive analysis. Based on the results of research and discussion, it can be concluded that the existence of the Central Penitentiary in the Child Criminal Justice System is very important. In performing its duties and functions, the Penal Institution also faces various obstacles including, the rule of law, coordination, low quality of human resources, lack of facilities and infrastructure, wide working area, client family factor, and limited budget allocation.
KONSEPSI PENGATURAN PENENTUAN BATAS WAKTU PENYIDIKAN TINDAK PIDANA UMUM DIKAITKAN DENGAN HAK TERSANGKA DALAM HUKUM ACARA PIDANA Reddy Triananto
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

Article 50 of Law Number 8 Year 1981 regarding the Criminal Procedure Code provides for the protection of the human rights of suspects for immediate investigation. the strict conception of the Criminal Procedure Code concerning the deadline of investigation resulted in legal certainty. The problem is the concept of setting the deadline for the investigation of current and future criminal acts. Specification of this research is analytical descriptive research with normative juridical approach. The result of the study states that the deadline for investigation is not determined in a limited manner in the Criminal Procedure Code. Article clause which implies the deadline of investigation is Article 24, Article 106 on the obligation of the investigator to immediately conduct investigative action. Article 109 paragraph (1) concerning notification of implementation and termination of investigation to the prosecutor. The deadline for investigation can be found in Kapolri Regulation no. 12 Year 2009 on Supervision and Control of Criminal Case Handling in Police Environment. Secondly on the draft Criminal Procedure Code has been confirmed by the deadline of investigation. The Judge of the Preliminary Examiner is authorized to assess the course of the handling of the case. In Article 12 of the Criminal Procedural Laws the transfer of investigation to the public prosecutor shall not be responded to by the investigator. Furthermore, in Article 13 paragraph (1), Article 15 and Article 88 paragraph (1) s / d paragraph (4).
PERAN DIREKTORAT INTELIJEN KEAMANAN KEPOLISIAN DAERAH SUMATERA BARAT DALAM PENYELIDIKAN PENYALAHGUNAAN SENJATA API ILEGAL OLEH MASYARAKAT Zamzami Zamzami
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

Article 1 paragraph (1) Emergency Law Number 12 of 1951 describes ownership and use of firearms and sanctions that can be obtained when taking actions that contradict these rules. One of the important roles carried out by the West Sumatra Regional Police Headquarters, destroyed as many as 816 illegal illegal firearms (senpi), the result of Operation Sapu Jagad. This illegal weapon, commonly called Balansa or Gobok, is used by the community to hunt pigs or other disturbing pests. But there are also used by the community for criminal acts that cause victims. This research is an analytical descriptive study, the role of the Directorate of Security Intelligence at the West Sumatra Regional Police in investigating the abuse of illegal weapons in the West Sumatra Regional Police jurisdiction plays a role in repressive actions by conducting a series of preventive investigations and actions, namely conducting patrols and illegal firearms raids , through these actions the Directorate of Security Intelligence throughout 2013 to 2018 received 4 (four) Police Reports related to ownership of firearms by the public. The obstacles faced by the West Sumatra Regional Police Security Intelligence Directorate in investigating illegal weapons abuse, can be seen from internal constraints related to human resources, the budget is still not optimal, inadequate infrastructure and facilities, information coordination, and legislative constraints, while external constraints: lack of community roles, geographical constraints, lack of coordination with local government and nongovernmental organizations. Efforts to overcome these obstacles have been carried out by the Directorate of Security Intelligence by providing training, socializing and cooperating with local governments and non-governmental organizations.
PEMBINAAN NARAPIDANA ANAK SEBAGAI UPAYA MENCEGAH TERJADINYA PENGULANGAN TINDAK PIDANA (Studi Pada LembagaPemasyarakatan Klas IIA Padang) Mohamad Ikhsan
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

Act No. 12/1995 on Corrections mandates that prisons are not only places to serve punishment for criminals, but also places for coaching while also educating prisoners. Child prisoners also need to be given special attention so that they have the ability to adapt and obey the rule of law applicable after serving time in the penitentiary. However, in practice because the pattern of guidance for child prisoners is similar to the pattern of guidance applied by adult inmates and overcapacity, so that the guidance given does not match what is expected, consequently the child returns to the penitentiary for the second time.
KEPASTIAN HUKUM PEROLEHAN HAK GUNA USAHA (HGU) PERKEBUNAN KELAPA SAWIT DALAM UPAYA MENCIPTAKAN IKLIM INVESTASI YANG KONDUSIF DI KABUPATEN PASAMAN BARAT (Studi Kasus PT. Laras Inter Nusa di Kabupaten Pasaman Barat) Erlis Erlis
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Abstract

Indonesia, which is rich in natural resources and minerals, has the potential to develop the palm oil sector as one of the drivers of the nation's economic growth. But Indonesia is also not free from various deficiencies, unable to meet their own needs both in terms of physical and non physical as well as the needs of both consumptive and non consumptive. For example the procurement of advanced technology to cultivate a variety of natural wealth owned. So a necessity for Indonesia to build investments in the field of palm oil by attracting other countries into Indonesia to invest in managing minerals contained in the earth of Indonesia. Indonesia is required to move quickly with increasingly complex population stability, one of the causes is rampant unemployment. Based on the results of the discussion and analysis it can be concluded that the legal certainty of acquisition of HGU for investment activity for investors in the field of oil palm plantation in Pasaman Barat Regency is to run the business of investors who will do business in the field of oil palm plantation must first obtain a business license in the field of plantation from the Regent . This letter as to obtain a business location permit and environmental analysis certificate from the chairman Amdal letters are guaranteed legal certainty. Legal protection of Investor Protection against the acquisition of HGU for investment in palm oil plantation when land claims by the local community against land use in Indonesia are implemented in the Basic Agrarian Law and Investment Law. In both laws there is no discrimination of land rights granted by the Indonesian government.
PERLINDUNGAN HAK TERSANGKA DALAM HAL PENAHANAN PADA TAHAP PENYIDIKAN DI POLRES PASAMAN BARAT Muddasir Muddasir
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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The human rights of the suspect in the case of detention as provided for in Articles 58, 59, 60, 61, 62 and 68 of the Criminal Procedure Code. At Pasaman Barat Police resort often violations when arrested. Issues discussed about the implementation of the protection of suspects' rights in detention at the investigation level at the Police of West Pasaman and the Investigator's Accountability at Pasaman Barat Police resort on violation of suspect's right in the case of detention. The research specification is analytical descriptive research with Normative juridical approach as the main approach and supported by juridical approach empirical. Based on the results of the first study, the protection provided by investigators at the Pasaman Barat Police Resort on suspects in the case of detention is the health care for the sick suspects, performing worship, contacting and receiving visits from relatives, sending and receiving letters to his legal counsel and his family. Another protection is the provision of suspension and transfer of forms of detention. Second; The responsibility of the investigator for violation The suspect's right to detention is the provision of compensation and rehabilitation. The accountability of the investigator by code of ethics is in the form of demotion / position and even dismissal when carrying out a strenuous act contrary to the code of ethics of the Police.
PENYIDIKAN TINDAK PIDANA KEHUTANAN DALAM BENTUK TIDAK DILENGKAPI SECARA BERSAMA SURAT KETERANGAN SAHNYA HASIL HUTAN Daslucky Okyusran
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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Forestry criminal acts in the form of not being accompanied together with a certificate of legality of forest products are prohibited acts as mentioned in Article 83 paragraph (1) letter b of Law Number 18 Year 2013 concerning Prevention and Eradication of Forest Destruction. The provision is used as a legal basis for investigators to ensnare the perpetrators of forestry crime, because it not only violates the law but is also a violation of the socio-economic rights of the community so that in an effort to combat criminal acts in the forestry sector, investigation as part of law enforcement must carried out effectively by conducting a mechanism of investigation properly and applying the elements of the article violated appropriately against the crime as done by the Special Criminal Investigation Directorate of the West Sumatra Regional Police.
EFEKTIVITAS FUNGSI PENDIDIKAN DAN REKAYASA LALULINTAS GUNA MENCEGAH KORBAN KECELAKAAN LALU LINTAS PADA ANAK-ANAK USIA SEKOLAH Adhi Jais; Ebit Bimas Saputra
UNES Journal of Swara Justisia Vol 2 No 2 (2018): UNES Journal of Swara Justisia (Juli 2018)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

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On the Elucidation of Law No. 22 of 2009 on Traffic and Road Transport states Education and traffic engineering is the responsibility of the Police. Some victims from laka then are children of school age. The nature of this research is descriptive research with normative juridical approach method as main approach and empirical juridical as supporting approach. The results showed the Function of Education and Traffic Engineering (Dikyasa Lantas) is one of the preventive efforts in tackling the problem in the field of traffic. Dikmas activities are carried out by providing knowledge on school traffic at the time of admission and introduction of the school. Various programs of introducing traffic rules to children are done with the aim of avoiding children from traffic accidents. Constraints faced are internal factors are still lack of facilities and infrastructure, lack of personnel who have the special ability to be educators or teachers. Externally constrained is the lack of public awareness of the importance of culturally and well-ordered culture in the street, lack of support from various parties to create security, safety, order and smooth road traffic, still lack of road infrastructure and infrastructure to support the safety of traffic. The effectiveness of the Education and Traffic Engineering Function (Dikyasa Lantas) is seen from the decrease of traffic accident with the victims of school age children in Padang Police Regencies

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