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<![CDATA[Penerapan Restoratife Justice Sebagai Alternatif Penyelesaian Tindak Pidana Penganiayaan Di Satreskrim Polsek Lasem ]]>
<![CDATA[Arif Septria Hendra Saputra]]>;
<![CDATA[Gunarto Gunarto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 1, No 1 (2018) ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v1i1.2629
<![CDATA[ABSTRAKPenelitian ini bertujuan untuk mengetahui dasar hukum pelaksanaan medisai penal terhadap kasus penganiayaan di Polsek Lasem, dan untuk mengetahui cara pelaksanaan mediasi penal yang dilakukan di Polsek Lasem untuk memperoleh kesepakatan damai antara korban penganiayaan dan pelaku penganiayaan. Metode penelitian menggunakan jenis penelitian kualitatif dengan pendekatan yuridissosiologis. Hasil penelitian yaitu bahwa dasar hukum pelaksanaan mediasi penal di Polsek Lasem pada saat ini belum ada dasar hukumnya secara integral yang mengatur jenis tindak pidana apa yang bisa diselesaikan secara mediasi penal di Kepolisian. Cara pelaksanaan mediasi penal yang dilakukan di Polsek Lasem untuk memperoleh kesepakatan damai antara korban penganiayaan dan pelaku penganiayaan adalah dilakukan disebuah ruangan khusus di Polsek Lasem agar para pihak bernegoisasi untuk memperoleh kesepakatan damai dengan seorang mediator dari penyidik- penyidik Polsek Lasem. Model mediasi penal yang dipakai oleh Polsek Lasem adalah model mediasi penal Victim Offenders Mediation dan Family and Community Group Conferences. Simpulan penelitian ini adalah acuan pelaksanaan mediasi penal merujuk pada groun norm yaitu Pancasila Sila ke-5, UUD 1945 dan pasal -pasal secara parsial yang tercantum di dalam KUHAP, dan Undang -Undang No.2 Tahun 2002 Tentang Kepolisian Negara Republik Indonesia. Pelaksanaan mediasi penal dalam penyelesaian tindak pidana di Polsek Lase. menggunakan model mediasi penal Victim-Offenders Mediationdan penal Family and Community Group ConferencesKata Kunci : Restorative Justice, Tindak Pidana penganiayaan ABSTRACTThis study aims to determine the legal basis for the implementation of penal mediation against cases of abuse in Lasem Police, and to know how the implementation of penal mediation conducted in Lasem Police to obtain a peace agreement between the victims of persecution and perpetrators of the persecution. The research method uses qualitative research the socio-juridical approach. The results of the study that the legal basis for the implementation of penal mediation in Lasem Police there is currently no act what kind of criminal act can be resolved in mediation penal. The way the implementation of penal mediation conducted in Lasem Police to obtain a peace agreement between the victim and the perpetrator of persecution are persecution conducted a special room in the Lasem Police that the parties negotiate to obtain peace agreement with a mediator from the Police investigator. Penal mediation model used to Lasem Police Station is a model penal mediation Victim-Offenders Mediation and Family and Community Group Conferences. Conclusions This study is the reference implementation of penal mediation refers to the ground norm namely Pancasila Sila ke-5, UUD 1945 and Article-Article partially listed the KUHAP and statute No. 2 of 2002 on the Police of the Republic of Indonesia. Implementation of penal mediation in the settlement of a criminal offense in Lasem Police penal mediation model Victim -Offenders Mediation and Family and Community Group.Keywords: Restorative Justice, Crime of Persecution]]>
<![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[Corporate Conception in Terrorism Based on Act No. 5 Of 2018 ]]>
<![CDATA[Parikhesit Parikhesit]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 1 (2019): March 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i1.4211
<![CDATA[Enforcement strategies terrorism has changed from that previously used the law enforcement strategy reactive (reactive law enforcement) to the law enforcement proactive (proactive law enforcement). Enforcement strategies are proactive expected to reach the corporate as well as those who are behind it as the founders, leaders and corporate board into the hands of the main perpetrators of criminal acts of terrorism.The purpose of writing is to know the conception of the corporation in criminal acts of terrorism and how the system of corporate criminal liability in criminal acts of terrorism under the Act No. 5 of 2018.Act No. 5 of 2018 recognize the corporation as a subject or as a criminal. While the forms of criminal acts committed by a corporation is the criminal acts committed by individuals. Thus the corporation can be said to be committing a crime as stipulated in the formulation of a criminal offense if the offense is committed by people on the basis of employment, or other relation, either individually or jointly, acting for and on behalf of the corporation in and outside the corporate environment.The setting is the principal criminal fines against corporations show that the conception of the corporation in criminal acts of terrorism under the Act No. 5 of 2018 is the third model is the corporation as a maker as well as corporate responsibility.Keywords: Corporate; Accountability; Terrorism.]]>
<![CDATA[Police Role In The Handling Of Hate Speech ]]>
<![CDATA[Zaldy Kurniawan]]>
<![CDATA[ Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v1i2.3260
<![CDATA[Development and advancement of technology in Indonesia is a form of improving the quality and quantity of human resources. Along with it, the technological advances giving positive and negative impacts on the nation Indonesia. As one of the negative impacts are increasingly banyakannya cyber crimes occurred. Of hate speech as one example of crime that can break the unity of the nation. Thus takes the role of the Police in order to make prevention and law enforcement against the emergence of hate speech in cyberspace. The current legal regulations still need to be updated to support the performance of the police. The role of the Government to promote prevention efforts are also expected to prevent the speech of hatred in the society.Keywords: Role of Police, Handling, Hate Speech.]]>
<![CDATA[The Implementation Of Duties & Functions Of Immigration Office In Granting Statement Permits Of Foreign Citizens ]]>
<![CDATA[Septarina Nur Handayani]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ Jurnal Daulat Hukum Vol 3, No 3 (2020): September 2020 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v3i3.11249
<![CDATA[This study aims to determine the duties and functions of the Immigration Office in granting residence permits for foreign citizens, enforcing immigration laws against violations of residence permits for foreign nationals and knowing the obstacles and efforts made by the Immigration Office in granting residence permits for foreign citizens.This research uses an approach method Normative juridical which refers to the applicable laws and regulations by examining secondary data against the principle of immigration law, namely Act No. 6 of 2011 as well as case studies at the immigration office.Based on the research results, it can be concluded that the implementation of granting residence permits for foreign nationals at the Immigration Office is in accordance with the provisions stipulated in Act No.6 of 2011 concerning Immigration and related regulations as the executor. For foreign citizens who do not obey the rules, the Immigration Office can enforce the law to create state security and discipline. The obstacles faced are limited human resources, limited infrastructure, communication and administration. Efforts to overcome obstacles include: multiple assignments, procurement of generators, bringing in interpreters according to language, providing assurance of the issue of residence permits. Keywords: Immigration; Foreign Citizens; Residence Permit; Security and Discipline.]]>
<![CDATA[Implementation Of Article 240 Paragraph (1) Letters G Act No. 7 Of 2017 In The Making Of Combating Corruption Crime In Legislative Institutions (Case Study in KPU of Central Java) ]]>
<![CDATA[Nurul Fuji Sri Hastuti]]>;
<![CDATA[Jawade Hafidz]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5415
<![CDATA[This study aims to: 1) identify and explain the implementation of Article 240 paragraph (1) letter g of Act No. 7 of 2017 by the Election Commission of Central Java, and 2) to assess and analyze the implementation of Article 240 paragraph (1) letter g of Act No. 7 of 2017 can realize eradication of corruption. The study used socio-juridical approach method to examine and discuss the issues that was raised, followed by conducting research and interviews in person at the Election Commission of Central Java, Semarang Corruption Court, Academician, Member of Party Politics and Society. As well as the author uses the theory of utilitarianism, to analyze the problem. The results showed: 1) ex-convict corruption are not allowed to run for legislative candidates in accordance with the regulations of PKPU No. 20 of 2018. 2) In Article 240 paragraph (1) letter g Electoral Act No. 7 of 2017 on the content of the article is general in nature so that the sentence can not be accommodated on the eradication of corruption because in the article does not explicitly include the prohibition of ex-convict corruption to be nominated again as legislative candidates. Keywords: Election; Legislative Candidate; Corruption Crime.]]>
<![CDATA[Implementation Babinkamtibmas Completion Of Problems In Regency ]]>
<![CDATA[Antonius Iwan Murdianto]]>
<![CDATA[ Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v1i2.3284
<![CDATA[Bhabinkamtibmas is a member of the Police whose existence is closest to the people in each village / urban, so that its role is essential in creating security and public order. This study aims to assess and analyze the role of Bhabinkamtibmas in helping to resolve problems that occur in the region, the obstacles and overcoming these obstacles. The method used in this research is the socio-juridical. Sources and types of data using primary data and secondary data. Methods of data collection is done through field studies and literature, while the method of data analysis using qualitative analysis. The results showed that Bhabinkamtibmas role in helping to resolve problems that occur in the region is as a facilitator and mediator. As a facilitator, bhabinkamtibmas provide premises, facilities and infrastructures for the mediation process is usually done in the village hall, and as a mediator Bhabinkamtibmas lead the mediation process. Obstacles encountered Bhabinkamtibmas in helping to resolve problems that occur in the region is the presence of a third party to interfere in the settlement and lack of public awareness both of which were in conflict as well as the surrounding community. Efforts to overcome these obstacles is to conduct an intensive approach to the victim, the offender and his family.Keywords: Role; Bhabinkamtibmas; Problem Solving.]]>
<![CDATA[Legal Protection Of Health Worker In The Medical Malpractice Lawsuit In Banjarmasin ]]>
<![CDATA[Yulia Audina Sukmawan]]>;
<![CDATA[Akhmad Khisni]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i2.5548
<![CDATA[Doctor and patient relationship is based on trust, it could turn into a medical malpractice lawsuit. Medical malpractice lawsuit due to the weakness in building communication cause harm to patients and health workers. Health workers are required to further improve the professionalism, quality, transparency, which leads to more excellent service in accordance with established standards. The problems are: What is the process for resolving cases of medical malpractice in Banjarmasin city, and how the legal protection of medical personnel in the event of criminal acts of medical malpractice in Banjarmasin. The purpose describes the process of settlement of medical malpractice and legal protection of medical personnel in the city of Banjarmasin. Benefits of reference enrich malpractice settlement process and provide knowledge of the legal protection of medical personnel in the city of Banjarmasin. The method used legal approach juridical empirical research specifications descriptive analytical data sources and data types using the type of primary data, secondary data and tertiary data collection methods used by interview, literature, study of documents, data analysis methods are qualitatively presented descriptively. The problem was analyzed using the theory of legal protection and legal liability. So health workers who have been carrying out duties in accordance with professional standards and SPO are entitled to legal protection.Keywords: Legal Protection; Health Workers; Medical Malpractice.]]>
<![CDATA[Legal Protection of Vehicle Users by Under Age (Minors) Viewed from The Perspective at Present Act No.22 of 2009 on Traffic and Transportation ]]>
<![CDATA[Suwitno Suwitno]]>
<![CDATA[ Jurnal Daulat Hukum Vol 1, No 2 (2018): June 2018 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v1i2.3323
<![CDATA[The research problems are how the legal protection of motorists under the age of the offenses traffic violations and how efforts and the role of the police in dealing with traffic violations committed minors. Research result This is the legal protection of motorists under the age of criminal acts against traffic violations that should Criminal sanctions imposed on the child must be based on truth, justice, and child welfare. Criminal punishment or actions to be accountable and beneficial for children. The judge shall consider the situation of children, the state house, state of the environment, and social counselors report. Children who are no older than twelve (12) years, although with a criminal offense can not be put on trial the child. The effort and the role carried out by the police in tackling traffic offenses committed by children under age (minors) namely with the preventive and repressive efforts.Keywords: Legal Protection, Minors, Traffic Law.]]>
<![CDATA[Effectiveness And Role Of The Food Duty Unit Of Police Region Of Central Java In Law Enforcement In The Field Of Food In The Regional Law Of POLDA Central Java ]]>
<![CDATA[Anggrin Gayuh Praptiwi]]>;
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019 ]]>
Publisher : <![CDATA[Magister of Law, Faculty of Law, Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/jdh.v2i3.5669
<![CDATA[The problems of this study are:effectiveness and the role of the task force food Central Java Police in law enforcement in the food sector in the jurisdiction of the Central Java Police to current and factors that influence the effectiveness of law enforcement in the food sector in the jurisdiction of the Central Java Police to current and effectiveness and role food task force in law enforcement in the food sector in the Indonesian National Police.The method used by researchers approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from interviews with field studies Kasubdit 1 Indagsi Ditreskrimsus Central Java Police, And secondary data obtained from the study of literature relating to the theory of law and law enforcement effectiveness.Based on the results of research that doing the duties and responsibilities of everyday office designated as the task force to conduct law enforcement, and improve the system in the handling of cases of food mafia that is still public concern with the following activities: monitoring the price and distribution of food; minimize the actions of speculators; monitor the potential emergence of cartel practices; prosecution of activities that are hoarding staple; Another prosecution of illegal activity related to food (mixing / deviation fertilizer, iodine salt is below standard, refined sugar, cooking oil used, etc.). Factors that influence the effectiveness of law enforcement in the field of food in the region of Central Java regional police law in force at the moment is the legal structure factor, the factor of the substantive law and legal culture factor. The effectiveness and the role of food in law enforcement task force in the food sector in the Indonesian National Police monitoring the prices of basic commodities in the markets and the results were evaluated every two weeks. The evaluation will be conducted to measure the effectiveness and benefits of the role of the Food Task Force.Keywords : Effectiveness; Role; Food Task Force; Law Enforcement]]>
