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<![CDATA[Implementation Of Fully Required Elements In The Crime Of Planning Murder (Case Study In Blora State Court) ]]>
<![CDATA[Beno Beno]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Sri Kusriyah Kusriyah]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8404
<![CDATA[In principle, ordinary killings are different from premeditated killings, in terms of actions that kill the lives of others, but some are carried out in a timeframe, structured and planned. In this research, the formulation of the problem formed is how is the implementation of the requirements for the fulfillment of elements in criminal acts of premeditated murder? And what are the obstacles in deciding the case of premeditated murder in the Blora State Court In the research carried out, the writing uses a sociological juridical approach, that is research that uses the method of approach to the problem by looking at the norms or laws that apply and see the implementation of the facts contained in the field. The results of the study as an answer to the formulation of the problem are (1) The element with the first plan is not a form of deliberate but in the form of how to form intentions / Opzet which has 3 conditions namely the Opzet was formed after being planned in advance, after people planned (Opzet) in advance, and planning the implementation of the "Opzet" requires a rather long period of time. (2) The obstacles of the judge in prosecuting the perpetrators of the crime of planned murder come from internal and external factors.Keywords: Fulfilled Requirements; Elements of Criminal Acts; Planned Murder.]]>
<![CDATA[Progressivity Of Criminal Handling Fraud And Disease By The Directorate Of The General Criminal Reserse Of Central Java Regional Police (POLDA) ]]>
<![CDATA[Ni Made Srinitri]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8777
<![CDATA[This study aims to determine and analyze the process of handling fraud and embezzlement by Central Java Regional Police Criminal Investigation investigators and the progress of handling fraud and embezzlement crime at the Central Java Regional Police Criminal Investigation Directorate. The approach method used is empirical juridical with descriptive analytical research specifications. The data used in the form of primary data and secondary data so that the method of data collection through field studies and literature studies. Data analysis method used is qualitative analysis. As a knife of analysis, the concepts of restorative justice, legal system theory and progressive legal theory are used.The results of the study concluded that the process of investigating fraud and embezzlement in the East Java Regional Police Criminal Investigation Directorate was in accordance with the provisions of the Criminal Procedure Code and the National Police Chief Regulation Number 6 of 2019 on Criminal Investigations. The progress in handling fraud and embezzlement in the Central Java Regional Police Criminal Investigation Directorate is related to the application of restorative justice in investigating criminal acts that starts with two components of the legal basis, namely rules and behavior. The regulatory component appears from a number of legal rules regarding the application of restorative justice in investigations that have been regulated in police regulations,Keywords: Progressiveness; Fraud And Embezzlement; Restorative Justice.]]>
<![CDATA[Criminal Imprisonment for Criminal Offenses Insults the President after State Court Decision Number: 013-022 / PUU-IV / 2006 (Study on State Court Blora Decision Number: 47 / PID. SUS / 2017 / PN.Blora) ]]>
<![CDATA[Yustisi Yudhasmara]]>;
<![CDATA[Umar Ma'ruf]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8403
<![CDATA[The purpose of this study was to analyzing the impact of the juridical the removal of article criminal offense insult the president by the State Court Decision Number 013-022 / PUU-IV / 2006 as well as the consideration of Judges State Court of Blora in Decision No. 47 / Pid.Sus / 2017 / PN.Blora, as well as to analyze the existence of article insult the President in future be associated with the rise of social media.This study uses empirical juridical approach, the research specification descriptive. The data used in this study are primary data obtained from field studies that were analyzed qualitatively using the theory of criminal prosecution and criminal punishment, the theory of law enforcement and crime prevention theory. Then for secondary data obtained from ingredients documents or library materials.The final conclusion is that: The Impact of juridical when articles of insult against the President revoked, can damage the system in the inclusion of clauses concerning acts humiliation as a whole and also the revocation of article of insult against the President and Vice President do not have binding legal force so that their legal vacuum post the decision of the judge in the consideration while deciding the case No. 47 / Pid.Sus / 2017 / PN.Blora according to the indictment from the prosecutor. Because of Article 193 paragraph (1) of Act No. 8 of 1981 on Criminal Proceedings ( "Criminal Code") Existence of article insult the president in the future, should come up again all the rules, could reach the criminal insult the president with any form of media usedKeywords: Offense; insult the president; the State Court; RKUHP.]]>
<![CDATA[Comparison Of The Implementation Of Pre-Court Process Before And After The Constitutional Court Decision Number: 21 / PUU-XII / 2014 In The Batang State Court ]]>
<![CDATA[Moch. Isa Nazarudin]]>;
<![CDATA[Umar Ma'ruf]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8684
<![CDATA[The purpose of this study is to describe and analyze the basis of the court's authority to examine and decide on pretrial lawsuits, analyze and describe the legal force of pretrial decisions regarding the illegitimacy of determining criminal suspects and describe the comparative implementation of pretrial proceedings before and after the Constitutional Court ruling Number: 21 / PUU-XII / 2014 in the Batang State CourtThis research uses descriptive research type with sociological juridical and normative juridical, data collection method with literature study, observation and content analysis.At the end of the study the authors concluded that although the Constitutional Court's decision was indeed final and binding and binding and legal remedies could not be made anymore (a final decision). However, that does not mean automatically changing the Criminal Procedure Code. Because these changes can only be made by official institutions appointed by the State, namely the President and the Parliament which are the state's decision. Pre-trial objects prior to the enactment of the Constitutional Court Decision Number: 21 / PUU-XII / 2014, consisting of: whether or not a forced act of force (in the form of: arrest, detention, search and seizure); the validity of the termination of the investigation or the termination of the prosecution; and compensation or rehabilitation of pretrial objects after the entry into force of the Constitutional Court Decision Number: 21 / PUU-XII / 2014, namely the addition of a pretrial object over the validity of determining the suspect. In addition, the implications of the a quo Constitutional Court ruling also affect the validity of arrest and the validity of detention must be based on the objective requirements of the investigator; through two pieces of evidence and an examination of a prospective suspect in order to fulfill the allegation of "preliminary evidence, sufficient preliminary evidence, and sufficient evidence".Keywords: Pretrial; MK Decision; Pretrial Object.]]>
<![CDATA[Legal Form of Relief Is Free Of Charge by the Person or Group of Advocate for the Poor (Study at Jurisdiction in Ex Residency of Cirebon) ]]>
<![CDATA[Tofan Alamsyah]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8373
<![CDATA[The problems of this study are: 1) forms of legal assistance free of charge given to the person or group of poor people in the Ex Residency of Cirebon, 2) challenges and solutions lawyers to provide legal assistance free of charge at the Ex Residency of Cirebon, 3) forms of legal protection given for free of charge that given to the person or group of poor people in the Ex Residency of Cirebon in the future.The method used by researchers is legal approach empirically and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies members of the Police of the Police Ciwaringin and Secretary Untag Jaya, And secondary data obtained from the study of literature relating to the theory of justice and progressive law.Based on the results of research that form of legal aid free of charge is given to a person or a group of poor people in the Ex Residency of Cirebon, have been met by providing a list of advocates in the district police or through the Legal Aid Post (ZIP Bankum) in each court both the General and courts that exist in the jurisdiction of the Ex Residency of Cirebon. Problems were found in providing legal assistance free of charge to the poor, is not all lawyers enrolled in Posbakum and district police to and willing to help to the poor who need legal help; The solution needed is a regulation that requires all lawyers who have permits proceedings to register and willing to help the poor who need legal aid, and the obligation to serve as a form of professional advocate obligation to perform community service.Keywords: Legal Assistance Free of Charge; Advocate, Poor.]]>
<![CDATA[The Role Of The Government And Regional Security Safeguard Team Supervision (TP4D) In Prevention Criminal Corruption ]]>
<![CDATA[Sarwanto Sarwanto]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8355
<![CDATA[The Attorney General of Indonesia issued regulation No Per014 / A / JA / 11/2016. About the guards and security of the government and regional development.This research aims to know and analyze the role of the Government and Regional Development Guards and Security Team in the prevention of corruption, how effective the TP4D is in carrying out its duties and authorities, and what obstacles are found in the field in relation to the duties and authority of the Government and Regional Development Guard and Security Team and how is the solution in providing legal assistance to government administrators to prevent the occurrence of criminal acts of corruption.The research method used is juridical sociology by using primary and secondary data. Primary data collection techniques carried out by interviews, and secondary data by reading, studying and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.The conclusion in this study is that the role of the government security guard and regional development (TP4D) team in preventing corruption is passive based on requests from government agencies. The legal product from TP4D is a legal opinion both incidentally and ongoing legal assistance according to the request of government agencies.Keywords: Prosecutors' Office; TP4D; Corruption.]]>
<![CDATA[Coaching Process Of Prisoners In Correctional Institution Class I Kedungpane Semarang Viewed From Act No 12 Of 1995 On Concerning The Correctional Institution ]]>
<![CDATA[Antoni Muhamad Nur Cahyo]]>;
<![CDATA[Achmad Sulchan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8432
<![CDATA[The problem this study are: a) how the coaching process in prison inmates Class 1 Kedungpane Semarang in terms of Act No. 12 of 1995 on Correctional Institution? and b) whether a limiting factor in the implementation of prison inmate gave coaching in the Correctional Institution Class I Kedungpane Semarang? Researchers using normative juridical approach. The source and type of data in this study are primary data obtained from field studies with interviews at the Correctional Institution Class I Kedungpane Semarang. And secondary data obtained from the study of literature. Based on the results of the implementation study coaching in the penal system for prisoners gradually form has been going well, the first stage of the introduction of the orientation stage where inmates including receiving prisoners, registration inmates and temporary placement of prisoners, the introduction of a maximum of 1 month. The second stage of assimilation in the strict sense lasts from 1/3 to 1/2. The third stage is the stage of assimilation in a broader sense and has lived half of a criminal past. The fourth stage is the stage of integration with the community has undergone criminal or 2/3 of the time for at least 9 months. The obstacles that occur due to the lack of Correctional officer training, infrastructure is still lacking adequate. Addition of facilities are still related to education problem such as library books, any additional school, socializing with new science and training tools. Construction of shelter / blocks apart to make it more comfortable for them.Keywords: Correctional Institution; Prisoners; Development.]]>
<![CDATA[Criminal Responsibility For Criminal Followers Producing And Selling "Drinks" White Alcohol / White Liquor In The Legal Area Of Kudus Police ]]>
<![CDATA[Hendro Santiko]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8388
<![CDATA[This research wants to answer the problem. How is law enforcement against criminal offenders producing and selling "White Alcohol/ White Liquor" in the Kudus police area? and criminal liability against criminal offenders producing and selling "White Alcohol/ White Liquor" in the area of the Kudus Police District and in the future?Based on the results of the study concluded that 2 (two) methods of law enforcement on the circulation of alcohol by the Kudus Police District, namely preventive and repressive.Criminal accountability against criminal offenders producing and selling "White Alcohol/ White Liquor" in the area of the Kudus Police in eradicating opaque liquor in the Kudus Police Region, Obstacles faced by the Kudus Police Sabhara Unit are relating to the limited number of members of the Kudus Police Sabhara unit that generally still unsatisfactory, not yet maximized and the evenly distributed socialization steps of the Regional Government Regulation carried out at the community level, so far it is not uncommon for insufficient understanding of procedures or systems at the time of preparation up to the enactment of Perda Sabhara Unit of the Kudus Police Unit in eradicating liquor oplosan in the Kudus Police District Region,criminal liability against criminal offenders producing and selling "White Alcohol/ White Liquor" that will come in the renewal of Indonesian criminal is done by providing guidance, advising or guiding so as not to repeat the mistakes that have been made namely violating local regulations.Keywords: Criminal Liability; Criminals; Producing and Selling White Alcohol/ White Liquor.]]>
<![CDATA[The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora) ]]>
<![CDATA[Sumaryono Sumaryono]]>;
<![CDATA[Sri Kusriyah Kusriyah]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8811
<![CDATA[Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.]]>
<![CDATA[Police Role In The Effort Management And Control The Fight Between Youth In Making Public Order In The Blora Regency ]]>
<![CDATA[Zaenul Arifin]]>;
<![CDATA[Sukarmi Sukarmi]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i1.8400
<![CDATA[Group fights criminal acts defined as crimes of violence together as provided for in Article 170 of the Criminal Code. Data from Blora Regency police indicate that a fight between youth always the case in every year in the Blora Regency. This study aims to determine the role of the police in handling and overcoming a fight between youth, barriers and solutions in realizing the public order in Blora. The method used is the juridical sociological, descriptive analytical research specifications. The data used are primary data and secondary data, while the data collection method is field studies and literature. Using data analysis methods of qualitative analysis. The analysis used as knife crime prevention theory, theory and the theory of the role of law enforcement. The results showed that the role of the police in handling and overcoming a fight between youth in realizing the public order in Blora is through the efforts of non penal (preventive) and attempts penal (repressive). Barriers arising in the treatment and prevention of fights between youth to realize the public order in Blora is the number of police personnel limited, the police difficult to present witnesses so that not all the perpetrators can be arrested, the third party to interfere in the settlement of the problem, and the lack of awareness Public.Keywords: Role; National Police; Prevention; Fights Between Youth.]]>
