Judicial Activism In Criminal Case To Ensure The Human Rights Upholding (Study In State Court Of Semarang)

The purpose of this study was to describe, assess, and analyze as to what the underlying factors in implementing the Judge on Judicial Activism practice in criminal cases in order to ensure the upholding of human rights, then any obstacles encountered and solutions that were presented.This study uses a sociological juridical approach to research is descriptive analytical specifications. The data used are secondary data obtained through library research and primary data obtained through field research then analyzed qualitative use Progressive Legal Theory and Theory of Freedom and Discovery Law of Judge (Rechstvinding).The results of this study are: 1) Judge's decision to apply for Judicial Activism in criminal cases at least consider several factors, including legal developments always follow people who move quickly, in addition to the Act or other regulations are not always equipped to solve a legal case concretely, and also some other factors; 2) Obstacles that arise in practice Judicial Activism in criminal cases are divided into two (2) factors, namely the internal source of personality and emotionality judges themselves, then external factors relating to the legal system of a country.Keywords: Judicial Activism; Criminal Case; Judge; Human Rights.

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Application of Criminal Penalties in Child Protection Law in the State Court Of Ngawi

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8351 ◽

2020 ◽

Vol 2 (4) ◽

pp. 571

Author(s):

Sulistyo Utomo ◽

Ira Alia Maerani

Keyword(s):

Law Enforcement ◽

Child Protection ◽

Secondary Data ◽

Primary Data ◽

State Court ◽

Criminal Cases ◽

Analysis Techniques ◽

Survey Results ◽

Criminal Penalties ◽

Data Collection Technique

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.

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The Role Of Visum Et Repertum As A Provision Effort On Criminal Financing

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8408 ◽

2020 ◽

Vol 3 (1) ◽

pp. 131

Author(s):

Lilik Eko Sukaryono ◽

Amin Purnawan

Keyword(s):

Medical Science ◽

Secondary Data ◽

Criminal Code ◽

The Body ◽

Primary Data ◽

State Court ◽

Literature Study ◽

Criminal Cases ◽

Approach Method

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late.�Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.

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Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i2.10085 ◽

2020 ◽

Vol 3 (2) ◽

pp. 307

Author(s):

Sisno Pujinoto ◽

Anis Mashdurohatun ◽

Achmad Sulchan

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Criminal Law ◽

Justice System ◽

Legal Theory ◽

Field Research ◽

Secondary Data ◽

Criminal Code ◽

Primary Data ◽

Development Concept

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.

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Recording of Circuit Television (CCTV) as Evidence in The Process of Evidence on Criminal Case in Indonesia

Jurnal Daulat Hukum ◽

10.30659/jdh.v1i3.3385 ◽

2018 ◽

Vol 1 (3) ◽

pp. 737

Author(s):

H. Khanafi Khanafi ◽

Sri Endah Wahyuningsih

Keyword(s):

Secondary Data ◽

Field Work ◽

Criminal Case ◽

Primary Data ◽

Original Form ◽

Literature Study ◽

Criminal Cases ◽

Electronic Evidence ◽

Big City ◽

Article 5

Proof is the most decisive stage of the proceedings, considering at this stage will be determined whether or not proved the defendant committed a criminal act as indicted prosecutors. The issues in this thesis is whether the CCTV recording can be used as evidence in the process of proving a criminal case in Indonesia and what obstacles and solutions if CCTV be used as evidence in the process of proving a criminal case. The approach used problem is empirical juridical approach. The data used are primary data, secondary data and data tertiary. While the method of data collection was done by using literature study and field work and data analysis in this research is a descriptive qualitative. The results of research and discussion addressing that (1) a video of CCTV can be used as a valid legal evidence that they meet the requirements stipulated in the ITE Law Article 5 of Act No. 19 of 2016. (2) barriers CCTV as evidence in criminal cases is the lack of lighting and lack of ITE experts from the big city, so the result is dark and the image quality is less clear, but the CCTV still can be used as electronic evidence for CCTV still in the original form. CCTV evidence greatly assist the police to carry out investigations in criminal cases of theft and murder. Suggestions in this study were: Investigator should report the crime to the local Court-related issues CCTV recording to be used as evidence.Keywords: Closed Circuit Television (CCTV); Evidence; Criminal Law.

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Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

ALHURRIYAH Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) ◽

10.30983/alhurriyah.v5i1.2331 ◽

2020 ◽

Vol 5 (1) ◽

pp. 22

Author(s):

Yogi Maron ◽

Ismansyah Ismansyah ◽

Azmi Fendri

Keyword(s):

Legal Theory ◽

Secondary Data ◽

Land Rights ◽

The State ◽

Land Acquisition ◽

District Court ◽

Primary Data ◽

Prison Sentence ◽

Ethics Code

As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli Satria Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1.946.701.050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200.000.000 (two hundred million rupiahs).

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Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

Pena Justisia Media Komunikasi dan Kajian Hukum ◽

10.31941/pj.v19i2.1119 ◽

2020 ◽

Vol 19 (2) ◽

Author(s):

Rio Saputra ◽

Mokhammad Najih

Keyword(s):

Secondary Data ◽

Primary Data ◽

Legal Aid ◽

Criminal Cases ◽

Legal Research ◽

Factors Affecting ◽

Legal Structure ◽

Procedure Code ◽

Study Techniques ◽

The Right

Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).Keywords: Legal Aid, Criminal Cases

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UPAH MENGUPAH PERTANIAN DALAM TINJAUAN FIQH MUAMALAH (Studi di Nagari Bukit Kandung Kecamatan X Koto Diatas Kabupaten Solok)

JISRAH: Jurnal Integrasi Ilmu Syariah ◽

10.31958/jisrah.v2i3.4968 ◽

2021 ◽

Vol 2 (3) ◽

pp. 59

Author(s):

Susanti Krismon ◽

Syukri Iska

Keyword(s):

Data Collection ◽

Data Processing ◽

Field Research ◽

Secondary Data ◽

Research Field ◽

Farm Workers ◽

Data Sources ◽

Primary Data

This article discusses the implementation of wages in agriculture in Nagari Bukit Kandung Subdistrict X Koto Atas, Solok Regency in a review of muamalah fiqh. The type of research is field research (field research). The data sources consist of primary data sources, namely from farmers and farm laborers who were carried out to 8 people and 4 farm workers, while the secondary data were obtained from documents in the form of the Bukit Kandung Nagari Profile that were related to this research, which could provide information or data. Addition to strengthen the primary data. Data collection techniques that the author uses are observation, interviews and documentation. The data processing that the author uses is qualitative. Based on the results of this study, the implementation of wages in agriculture carried out in Nagari Bukit Kandung District X Koto Diatas Solok Regency is farm laborers who ask for their wages to be given in advance before they carry out their work without an agreement to give their wages at the beginning. Because farm laborers ask for their wages to be given at the beginning, many farm workers work not as expected by farmers and there are also farm workers who are not on time to do the work that should be done. According to the muamalah fiqh review, the implementation of wages in agriculture in Nagari Bukit Kandung is not allowed because there is an element of gharar in the contract and there are parties who are disadvantaged in the contract, namely the owner of the fields.

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تطبيق تعليم درس الحوار في المدرسة العالية الإسلامية الحكومية بياكمبوه سومطرى الغربية

Al-Uslub: Journal of Arabic Linguistic and Literature ◽

10.30631/al-uslub.v4i01.49 ◽

2020 ◽

Vol 4 (01) ◽

pp. 55-77

Author(s):

Nurhasnah Nurhasnah ◽

Yogia Prihartini

Keyword(s):

Learning Strategies ◽

Learning Process ◽

Learning Strategy ◽

Language Skills ◽

Field Research ◽

Secondary Data ◽

Arabic Language ◽

Primary Data ◽

Content Standards ◽

Reading Material

The Arabic learning process is directed to encourage, guide, develop, and foster students' Arabic language skills, Arabic language skills will also support students in understanding the sources of Islamic teachings, such as the Al-Qur'an and Hadith, and other books that use Arabic . In the Arabic learning process, it is expected that students will have good abilities in learning Arabic. To achieve the expected objectives, the Hiwar learning strategy is to use the Hiwar (conversation) method. The lesson material consists of fluency in speaking by using Arabic.This research is a field research in the form of descriptive qualitative research. Data collection was carried out by interview, observation and documentation. The data analysis used is descriptive in the form of secondary data and primary data. In analyzing the data, it begins with examining the data, after the data is collected then its contents are clarified and analyzed, then interpreted and concluded. The Arabic learning process at MAN 1 Payakumbuh has been implemented in accordance with the existing curriculum, based on Content Standards (SI) and Graduates Competency Standards (SKL), which explains that learning Arabic at Islamic Senior High School is a process of activities directed at encouraging, guiding, develop and develop fushha Arabic language skills, by prioritizing the ability to read and understand reading material. The ability to speak and compose sentences is aimed at strengthening reading skills, which is the main goal of learning, namely the ability to communicate as well as a provision for understanding Islamic teachings from the original sources, namely Al-Quran and Al-hadith. The conclusion of this study is that it turns out that students are still not able to carry out good faith in Arabic and cannot use it in daily conversations, because the learning strategies used are still not optimal due to the lack of media and supporting infrastructure that support the learning process of Hiwar. So that it hasn't got maximum results.

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PENYELESAIAN GANTI RUGI AKIBAT SENGKETA PENGUASAAN HAK ATAS TANAH SECARA MELAWAN HUKUM (Tinjauan Beberapa Kasus di Pengadilan Negeri Surakarta)

Jurnal Privat Law ◽

10.20961/privat.v7i1.30104 ◽

2019 ◽

Vol 7 (1) ◽

pp. 68

Author(s):

Ananda Dwinanti Kinasih , ◽

M. Hudi Asrori S ,

Keyword(s):

Data Collection ◽

Civil Law ◽

Secondary Data ◽

Land Rights ◽

The State ◽

Primary Data ◽

State Court ◽

Legal Research ◽

Analytical Technique ◽

Legal Force

Abstract This article aims for reviewing how the settlement of compensation as the consequences of the tenure of land rights unlawfully in civil law Surakarta state court verdict number 106/pdt.g/2017/PN.SKT and number 103/pdt.G/2006/PN.SKT where the court’s decision has a permanent legal force. This research is a juridical normative legal research. The location of this research at Notary Office and PPAT Adib Sujarwadi and the State Court Surakarta Class 1A Specific. Kinds and the sources of data in this research are consist of primary data and secondary data. The technique of data collection through interview and library study. The analytical technique used by the author is by the method of syllogism that uses the deduction mindset. Regarding the settlement of compensation due to unlawful tenure of land rights is a compensatory damages, in the form of payment to the victim amounting to a loss that is actually experienced. Based on the decision of the Panel of Judges. Regarding the non-granting of immaterial compensation because the Plaintiff does not attach the appropriate evidence. After the verdict is declared incracht, outside the court, the Defendant and the Plaintiff may hold deliberations to determine the amount of the indemnity or the Plaintiff waived the indemnity obligation, but the Defendant must leave the land of the object of the dispute voluntarily. In the case of still occupy it will be executed by the bailiff from the Court. Keywords: Compensation; Tort; Tenure Of Land Rights.Abstrak Artikel ini bertujuan untuk mengkaji bagaimana penyelesaian ganti rugi akibat penguasaan hak atas tanah secara melawan hukum pada perkara perdata Putusan Pengadilan Negeri Surakarta Nomor 106/ Pdt.G/2017/PN SKT dan Nomor 103/Pdt.G/2006/PN SKT, dimana putusan pengadilan tersebut telah berkekuatan hukum tetap. Penelitian ini merupakan penelitian hukum normatif yuridis. Lokasi penelitian yaitu di Kantor Notaris dan PPAT Adib Sujarwadi dan Pengadilan Negeri Surakarta Kelas IA Khusus. Jenis dan sumber data penelitian ini meliputi data primer dan data sekunder. Teknik pengumpulan data melalui wawancara dan studi kepustakaan. Teknik analisis yang digunakan oleh penulis adalah dengan metode silogisme yang menggunakan pola pikir deduksi. Penyelesaian ganti rugi akibat penguasaan hak atas tanah secara melawan hukum yaitu dengan ganti rugi kompensasi, berupa pembayaran kepada korban sebesar kerugian yang benar-benar dialami. Berdasarkan keputusan Majelis Hakim. Mengenai tidak dikabulkannya ganti rugi immateriil dikarenakan Penggugat tidak melampirkan bukti-bukti yang sesuai. Setelah putusan dinyatakan incraht, di luar pengadilan, Tergugat dan Penggugat dapat mengadakan musyawarah untuk menentukan jumlah ganti rugi atau Penggugat membebaskan kewajiban pembayaran ganti rugi, namun Tergugat harus meninggalkan tanah obyek sengketa secara sukarela. Dalam hal masih tetap menempati maka akan dilakukan eksekusi oleh juru sita dari Pengadilan. Kata Kunci : Ganti Kerugian; Perbuatan Melawan Hukum; Penguasaan Hak Atas Tanah.

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Pengawasan terhadap Transaksi Bisnis E-Commerce dalam Mewujudkan Perlindungan Konsumen

Jurnal Konstruksi Hukum ◽

10.22225/jkh.1.1.2126.38-43 ◽

2020 ◽

Vol 1 (1) ◽

pp. 38-43

Author(s):

Anak Agung Made Ayu Rai Lidya Astari ◽

I Nyoman Putu Budiartha ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Consumer Protection ◽

Legal Theory ◽

Secondary Data ◽

Primary Data ◽

Legal Argumentation ◽

Electronic Business ◽

Conceptual Approach ◽

Business Transactions ◽

Online Trading ◽

Legal Concepts

E-commerce is a buying and selling activity carried out via the internet with electronic media. Based on this, two problems were raised as follows: 1). What are the aspects of consumer protection against electronic business transactions, 2). How to regulate the control of electronic business transactions in ensuring the implementation of consumer rights. The research method used in the preparation of this research is normative with a statutory approach and a conceptual approach, namely analyzing the problems to be discussed through legal concepts taken from several books and literature that have relevance to the problem. The data sources used are primary data, namely through statutory regulations, secondary data, namely using legal theory and experts, and tertiary data, namely related to legal dictionaries and encyclopedias. The technique of collecting data is through the method of recording legal materials and collecting references used. The data analysis used systematic legal interpretation and legal argumentation based on deductive logic. However, all the benefits that are offered, there is a concern about the responsibility of online companies to online consumers considering so many online companies. The Trade Law and the Consumer Protection Act are the basis for trading in online trading and / or in conventional trading. In this case the need for supervision in order to improve harmony in each application. The results showed that the aspect of protection was carried out by defending the rights of consumers against the disturbance of other parties. In order to increase awareness, knowledge, concern and independence of consumers, especially in choosing, determining and demanding their rights as consumers. There are several principles in consumer protection, namely the principle of benefit, the principle of justice, the principle of security and safety, the principle of balance, the principle of legal certainty.

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