scholarly journals Analysis of the Corruption Charge of the Rice Management at Gudang Bulog Baru Randugarut, Semarang Regional Subdivisions by 2016-2017 (Case Study of Convict Nurul Huda)

2020 ◽  
Vol 1 (2) ◽  
pp. 279-296
Author(s):  
Irawan Irawan ◽  
Joko Susanto
Keyword(s):  
Law Enforcement ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

Law enforcement is to realize a sense of justice, legal certainty and usefulness in society. For justice seekers, police and prosecutors 'investigations, as well as quality public prosecutors and judges' decisions can bring about justice or reflect a sense of justice that can be carried out and can be accepted or satisfied by justice seekers. So through this case study, the writer will invite to see whether there is still a sense of justice, as experienced by convicted corruption cases of Rice Management in the New Bulog Warehouse Randugarut Subdivre Semarang in 2016-2017 named Nurul Huda Bin Sholeh. Even though it was clearly stipulated according to Article 55, Nurul Huda could be classified as included in the offense. But the prosecutor actually demanded Nurul Huda as the sole offender. Whereas Nurul Huda should have the right to obtain the protection of his rights, his equality in the eyes of the law and proportionality in his interests, so that if the burden of accountability for losses in the corruption of GBB Ranndugarut is only charged to him, it will certainly damage the value of justice received.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KELALAIAN PEMENUHAN PEMBAYARAN NAFKAH ANAK PASCA PERCERAIAN BERDASARKAN PUTUSAN PENGADILAN AGAMA BLITAR

2020 ◽  
Vol 9 (1) ◽  
pp. 50
Author(s):  
Rufia Wahyuning Pratiwi
Keyword(s):  
Law Enforcement ◽  
Human Values ◽  
Legal Problem ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

Penelitian ini dilatar belakangi oleh adanya beberapa permasalahan yang ada di Pengadilan Agama Blitar, dengan beberapa pengaduan masyarakat terkait tentang lalainya mantan suami dalam kewajibannya memberikan nafkah kepada anaknya pasca perceraian.  Karena anak adalah manusia kecil yang butuh perlindungan dan butuh diperlakukan secara manusiawi, dan sila kemanuasian yang adil dan beradab maupun misi dalam maqoshidussyariah hifdhul nafsi dan hifdhul nasl (melindungi jiwa dan keturunan) dalam syariah Islam harus terwujud. Tujuan penelitian ini agar supaya para pencari keadilan cerdas dan paham akan hukum serta langkah-langkah yang harus ditempuh dalam menghadapi suatu permasalahan hukum guna tegaknya hukum dan terwujudnya keadilan. Hasil penelitian ini memperoleh bahwa hasil pertama mengetahui penyebab adanya kelalaian terhadap pemenuhan pembayaran nafkah anak pasca perceraian, sehingga perlu ditelaah ulang tentang putusan hakim yang bisa menjadi tolak ukur telah adanya jiwa kemanusian demi tegaknya hukum dan rasa keadilan yang dirasakan oleh pencari keadilan. Kedua, mencari solusi tepat agar produk pengadilan yang berupa putusan benar-benar bisa mencerminkan nilai-nilai kemanusiaan, keadilan yang benar-benar bisa melindungi kepentingan para pencari keadilan.Kata kunci: anak, perceraian, perlindungan, hukum This research is motivated by a number of problems that exist in the Blitar Religious Court, with some related public complaints about the negligence of ex-husband in his obligation to provide for their children after divorce. Because children are little people who need protection and need to be treated humanely, and the precepts of fair and civilized humanity and mission in maqoshidussyariah hifdhul nafsi and hifdhul nasl (protecting souls and offspring) in Islamic sharia must be realized. The purpose of this study is so that justice seekers are smart and understand the law and steps that must be taken in dealing with a legal problem in order to uphold the law and the realization of justice. The results of this study found that the first result found out the cause of negligence in fulfilling child income payments after divorce, so it was necessary to review the judge's decision that could become a benchmark for the existence of a humanitarian spirit for the sake of law enforcement and a sense of justice felt by justice seekers. Second, finding the right solution so that court products in the form of decisions can truly reflect human values, justice which can truly protect the interests of justice seekers.Keywords: child, divorce, protection, law

scholarly journals Perbuatan Melawan Hukum Terhadap Tindak Pidana Pengambilan Benda Bergerak Sebagai Objek Pembiayaan Leasing

2020 ◽  
Vol 3 (1) ◽  
pp. 111-119
Author(s):  
Tito Alhafezt ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Criminal Liability ◽  
Legal Certainty ◽  
Procedural Law ◽  
Debt Collectors ◽  
The Law ◽  
Notary Public ◽  
Debt Collection ◽  
The Right

The principle of the pacta sun servanda agreement stating that the agreement made by the parties to the agreement, will be the law for both, remains in force and becomes the main hope in the law of the agreement. But the agreement that provides fiduciary guarantees under the hand cannot be executed. The execution process must be carried out by submitting a lawsuit to the Negri Court through normal procedural law so that the court's ruling decreases. This paper aims to analyze or examine the legal arrangements for the taking of movable objects as objects of leasing financing and criminal liability for the actions of taking movable objects as objects of leasing financing. The results of this study indicate that criminal policies against financial institutions in the execution of fiduciary guarantees by debt collectors who have changed hands under the law number 42 of 199 concerning fiduciary guarantees to ensure legal certainty are made akata by the notary public and registered with the fiduciary office. Law enforcement against leasing parties in withdrawing fiduciary collateral by debt collectors based on law number 42 of 1999 concerning fiduciary explains that the right of execution is the authority of the court, not the authority of the seller of debt collection services that are usually leased by the leasing party.

scholarly journals Reconstruction of the Diversion Concept in a Child Criminal Jurisdiction System Based on Dignified Justice

2021 ◽  
Vol 5 (1) ◽  
pp. 104-112
Author(s):  
I Nyoman DIPA RUDIANA ◽  
I Ketut RAI SETIABUDHI
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Retributive Justice ◽  
Legal Certainty ◽  
Criminal Jurisdiction ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

The renewal of the orientation of punishment for children in conflict with the law from a retributive justice approach to restorative justice is a good start for efforts to restore a victim-oriented situation by giving the perpetrator the opportunity to express his regret to the victim with the concept of diversion. However, not all cases of children are entitled to diversion. In accordance with Article 7 paragraph (2) of the SPPA Law, the requirement for diversion is a criminal act punishable by imprisonment of under 7 (seven) years and not a repetition of a criminal act. Meanwhile, criminal acts that are punishable by more than 7 (seven) years and repetition of criminal acts are not entitled to diversion. The concept of diversion and the terms of diversion are interpreted very narrowly so that they do not reflect dignified justice. The law cannot only regulate legal certainty. The law must provide a sense of justice with dignity and justice that humanize humans. This writing aims to determine the concept of diversion of the juvenile criminal justice system based on dignified justice. The type of research used is literature, the nature of this research is descriptive, the results of the research are the reconstruction of the concept of diversion based on dignified justice must be reconstructed by expanding the concept of diversion so that every child without exception has the right to get diversion.

scholarly journals THE PROBLEMS OF LAW ENFORCEMENT AND IDEAS OF PROPHETIC PARADIGM IN INDONESIA

2018 ◽  
Vol 1 (1) ◽  
pp. 91-114
Author(s):  
Despan Heryansyah ◽  
Muhammad Hidayatullah
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Wishful Thinking ◽  
Social Phenomena ◽  
Independent Entity ◽  
The Law ◽  
Enforcement Value ◽  
The Right ◽  
Social Entities ◽  
Sense Of Justice

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking

scholarly journals Tinjauan Yuridis tentang Rechtvinding (Pemenuhan Hukum) dalam Hukum Perdata Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 77
Author(s):  
Nurmin K Martam
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Human Beings ◽  
Legal Certainty ◽  
Law System ◽  
Legal Development ◽  
Positive Law ◽  
The Law ◽  
Sense Of Justice ◽  
Civil Law System

The law has a function to provide protection to human interests (all human beings without exception). Therefore, the law must be implemented so that human interest can be protected. In practice, the law may proceed normally and peacefully, but there may also be legal violations in practice. In this case the law that has been violated must be enforced. It is through law enforcement that this law becomes a reality. In upholding the law there are three elements that must always be considered: legal certainty (Rechtssicherheit), usefulness (Zweckmassigkeit) and justice (Gerechtigkeit).In the life of society required a legal system to create a harmonious and orderly society life. In fact the law or legislation that is made does not cover all cases that arise in society, making it difficult for law enforcement to complete the case. In the scope of positive law in Indonesia, the principle "that judges should not refuse a case", contained in article 10 paragraph (1) of Law no. 44 Year 2009 on Judicial Power.Constitutional judges and judges are required to explore, follow, and understand the legal values and sense of justice living in society. This is the basis that it is unavoidable that the rechtsvinding process should still be done by the judge in deciding cases not found clearly and firmly in legislation.The approach used in this study is a normative juridical approach, namely by using the theories and opinions of scholars by conducting an analysis of the provisions applicable in positive law of Indonesia.In line with the increasingly dynamic society, it demands a dynamic legal development as well. This is in line with the civil law system itself that is dynamic and not static. The important task of the judge, therefore, is to adapt the law to concrete events in society. If the law can not be judged appropriately according to the words of the law or the law is unclear, then the judge must interpret the law, so that the judge can make a truly fair law decision in accordance with what Which is the purpose and objective of the law, namely the achievement of legal certainty.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG BARANG RAMPASAN NEGARA BERUPA KENDARAAN RODA DUA YANG DIEKSEKUSI DENGAN CARA LELANG OLEH KEJAKSAAN

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 93-103
Author(s):  
Okta Vianus Puspa Negara ◽  
Zainab Ompu Jainah ◽  
S. Tri Herlianto
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Legal Certainty ◽  
Vehicle Ownership ◽  
Wheeled Vehicle ◽  
The Law ◽  
The Right ◽  
Wheeled Vehicles

Prosecutors as law enforcement institutions carry out execution of state loot in various ways, one of which is auctioned for the country. One of the loot state executed by the state attorney of Bandar Lampung by means of auction is a unit of vehicle twowheeled vehicles as contained in the quote treatise Number: 908/2016 issued by the State Wealth Service office and auction of Bandar Lampung. The results of this study showed: (1) The protection of the law against the auction winners of the state booty in the form of two-wheeled vehicles executed by way of auction by the attorney in quotation treatise number: 908/2016 can be realized by enforcing legislation or special policies in order to fulfill the right of auction winners to manage and possess vehicle ownership documents both STNK and BPKB. (2) The legal certainty of the winner of the state Booty auction in the form of a two-wheeled vehicle executed by way of auction by the Prosecutor has not materialized because the auction winner cannot take care of and have the vehicle ownership documents both in the form of STNK The winner of the auction in this case only accepts auction treatise quotes number: 908/2016 which serves as a buy and sell deed.

scholarly journals THE PROBLEMS OF LAW ENFORCEMENT AND IDEAS OF PROPHETIC PARADIGM IN INDONESIA

2018 ◽  
Vol 1 (1) ◽  
pp. 91-114
Author(s):  
Despan Heryansyah ◽  
Muhammad Hidayatullah
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Wishful Thinking ◽  
Social Phenomena ◽  
Independent Entity ◽  
The Law ◽  
Enforcement Value ◽  
The Right ◽  
Social Entities ◽  
Sense Of Justice

Law enforcement portraits in Indonesia have not provided encouraging results. The reforms of 1998 in all aspects of the state including law have not always proceeded as planned. The fact that law continues to be legalistic-positivist is a major problem of law enforcement in Indonesia that never succeeded. Therefore, the reconstruction of such thinking model must first be done. As the law is not an independent entity separate from its association with other entities, however, the law is part of the life of society that can not be released away from social entities, politics and so on. The idea of ​​prophetic law is the right solution for the improvement of the Indonesian legal system. The prophetic paradigm is a set of theories that not only describe and transform social phenomena, nor simply change a thing for change, but more than that, it is expected to lead to change on the basis of ethical and prophetic ideals. Where in the basis of the conception of humanization, liberation, and transdensi as stated in the letter of Ali Imron: 110. The prophetic paradigm differs greatly from the positivist paradigm. The transcendence base, humanization orientation and liberation embedded in law enforcement will encourage its existence to always be total in making legal findings (ijtihad al hukmi) objective to be applied to a case. By making the paradigm of prefetics law as the base of law enforcement value in Indonesia, it is expected that law can really give a sense of justice to society which so far only limited to wishful thinking

scholarly journals The Implementation of Imprisonment Sanction Followed by Rehabilitation Sanction for Narcotics Abusers (A Case Study of Verdict Number 47/Pid.Sus/2017/PN.Slk)

2019 ◽  
Vol 6 (2) ◽  
pp. 224
Author(s):  
Yessy Yulianti ◽  
Elwi Danil ◽  
Aria Zurnetti
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Law Enforcement Officers ◽  
Empirical Approach ◽  
Primary Data ◽  
Criminal Sanction ◽  
Legal Certainty ◽  
Research Problems ◽  
The Law

In the present study, the research problems proposed are: 1) What is the basic consideration of the judges in imposing the criminal and rehabilitation sanction on the perpetrators of narcotics abuse? 2) How is the proof of a case whose verdict is a criminal sanction? and 3) How is the implementation of imprisonment and rehabilitation sanction verdicts? In answering the research problems, juridical empirical approach is chosen to obtain primary data directly from informants and secondary data from primary of law materials including secondary and tertiary law materials. As a result, it can be concluded that there is a chance for a judge to impose imprisonment sanction and sanction for actions in a form of rehabilitation to perpetrators of narcotics abuse, but, in fact, it is challenging because of some reasons; one of which is the existence of various perceptions of law enforcement officers on the implementation of the laws, specifically on the Law number 35 of 2009 concerning Narcotics. Moreover, there is no strict provision regulating the procedures of the implementation of the law. As a result, it encounters many challenges in its implementation for the related institution. However, it should be concerned for the regulation makers for the realization of law enforcement reflecting justice, legal certainty, and benefits in the society.           

scholarly journals Law Enforcement in Impositioning Imprisonment towards Gambling Crime Offender (Case Study of Decision Number: 24/PID.B/ 2012/PN.PP)

2019 ◽  
Vol 6 (2) ◽  
pp. 514
Author(s):  
Jefri Hazra ◽  
Ismansyah Ismansyah ◽  
Fadillah Sabri
Keyword(s):  
Law Enforcement ◽  
Qualitative Analysis ◽  
Criminal Code ◽  
Legal Certainty ◽  
Analysis Method ◽  
Know How ◽  
Material Analysis ◽  
The Law ◽  
The Way

The implementation of Article 303 subsection (1) of Criminal Code empirically has been conducted in the decision Number 24/PID.B/2012/PN.PP. The defendant named Giman called as Dolok, aged 60 years old, an enterpreneur, adressed in Pemuda Street Number 33 RT 01 Subdistrict of Koto Panjang, Padang Panjang City. There are some differences between criminal regulations in Article 303 subsection (1) of Criminal Code which is the imprisonment for 10 years with verdict of imprisonment for 3 months and 15 days.  The objective of this research is to know how the law enforcement in impositioning imprisonment towards gambling crime offender in the Decision Number: 24/PID.B/ 2012/PN.PP? by using normative judicial approach. The present research is descriptive. The legal material analysis is done by using qualitative analysis method. The conclusion of this research: 1) The law enforcement in the Decision Number: 24/PID.B/ 2012/PN.PP has been achieved by implementing the regulation of Article 303 subsection (1) of Criminal Code. The article regulation is implemented in the gambling crime offender. The law enforcement towards the gambling crime offender is done by judge with Verdict Number: 24/PID.B/ 2012/PN.PP, the judge has imprisoned the doer by the way which has been set in the constitution. The law enforcement with law enforcement phases is the effort to guarantee that decision Number: 24/PID.B/ 2012/PN.PP has legal certainty.

Right to Promotion: Legal Certainty and Discretion of the Employer’s Representative

2021 ◽  
pp. 422-433
Author(s):  
M.V. Presnyakov
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Civil Servant ◽  
Equal Access ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Exhaustive List

Public Civil Service Act to establish such a mechanism for the exercise of the right to growth. This law provides for a competitive procedure for the replacement of all posts, including in the order of post growth, and at the same time establishes the principle of forming a personnel reserve on a competitive basis. In addition, the law contains an exhaustive list of exceptions to the competitive procedure for the placement of posts, one of which is the appointment of a civil servant in the personnel reserve. This is justified, since the personnel reserve itself is formed on a competitive basis. However, the law provides for the possibility of enrolling a civil servant in the personnel reserve based on the results of certification, which, in our opinion, does not comply with the principle of legal certainty, does not fully realize the right of equal access to public service, and also does not ensure the filling of posts according to the principle of competence. However, the potential of this law is not fully realized, as it contains a number of uncertain provisions that overextend the discretion of the employer's representative.

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