scholarly journals Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)

2020 ◽  
Vol 2 (4) ◽  
pp. 507
Author(s):  
Asep Suherdin ◽  
Maryanto Maryanto
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Logical Consequence ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Military Justice ◽  
Sociological Approach ◽  
The Military

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.

scholarly journals Responsibilities Of The Corporate Director Against The Dark Criminal Action In The Position Based On The Decision Of The Court Sumber Of Cirebon Regency (Studies on Decision No.202 / Pid.B / 2019 / PN.Sbr)

2020 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Junaidi Junaidi ◽  
Sri Endah Wahyuningsih ◽  
Ira Alia Maerani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Corporate Crime ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Company Law ◽  
Primary Data ◽  
Criminal Offense ◽  
Sociological Approach

The problems of this study were 1) corporate position as the subject of criminal law in Indonesia? 2) law enforcement against corporations as subjects of a criminal offense of embezzlement in office at the Court Sumber of Cirebon Regency? 3) accountability of corporate directors to the crime of embezzlement in office by Court Sumber of Cirebon Regency.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and types of data in this study are primary data obtained from interviews with field studies The defendant and the Legal Counsel in prisons Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively.Based on the results of this study are The position of the corporation as a subject of criminal law in particular is currently only recognized in the Act governing the criminal offense outside the Criminal Code. Law enforcement has inkracht / final until a court decision with the principle of lex generalis / delict general, instead of using the principle of lex sepesialis for in the Penal Code there is no article regulating the criminal offense of corporate (Company Law) Law Company Limited of the Republic of Indonesia No. 40 of 2007 . Accountability director of the corporation against the crime of embezzlement in a position based on the decision of the Court Sumber of Cirebon Regency is from the start (LP) Police Report Number: LP B / 446 / X / 2017 / Jabar / RES CRB dated October 8, 2018 and has been decided by the Court in decision Number 202 / Pid.B / 2019 / PN Sbr.Keywords : Responsibility; Corporate; Crime; Fraud; Position.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals Deradicalisation Crime Of Terrorism Actors By Police (Case Study In Police Jurisdiction Of Semarang)

2019 ◽  
Vol 2 (1) ◽  
pp. 109
Author(s):  
Bagus Gani Setiana ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Theory Of Justice ◽  
Sociological Approach ◽  
Police Personnel ◽  
Secondary Data Source ◽  
National Police ◽  
Analysis Models

The paper titled "Deradicalisation Crime Of Terrorism Actors By Police", aims to identify and analyze the role of the National Police in the process of deradicalization of the criminal terrorism in Indonesia, the benefits of deradicalization, as well as the challenges and solutions faced by the National Police in the implementation of the deradicalization.This study uses the Juridical Sociological Approach, with descriptive analysis models, which use the type and source of primary data that is the result of interviews with police personnel and ex-terrorist, as well as secondary data source that literature on the various sub - laws that exist in Indonesia. Also in this study, the authors also used the descriptive method of analysis. That in the end all results were analyzed by using the theory of Aristotle and theory of Justice usefulness of Jeremy Bentham.Based on the research that has been analyzed, then it was concluded that the role of the National Police in deradicalizing the task is enormous, as evidenced by the reduction in the number of terrorism cases in Indonesia from year to year. In addition, the benefits of deradicalization can reduce the number of perpetrators of terrorism by changing the target ideology. But it is undeniable that the Police still face many obstacles, which in this study the authors provide some solutions to these obstacles.Keywords: Deradicalisation; Ideology; Police; Terrorism.

scholarly journals YURISDIKSI PERADILAN TERHADAP PRAJURIT TENTARA NASIONAL INDONESIA SEBAGAI PELAKU TINDAK PIDANA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Niken Subekti Budi Utami ◽  
Supriyadi ,
Keyword(s):  
Data Analysis ◽  
Qualitative Methods ◽  
Secondary Data ◽  
Armed Forces ◽  
Primary Data ◽  
Military Justice ◽  
Empirical Law ◽  
The Military

<p align="center"><strong>Abstract</strong></p><p><em>This research intends to find the answers of two problems. First, the factors that led to the unimplemented jurisdiction of the General Court of the Indonesian Armed Forces (TNI) that perform general crime as mandated by Decree No. VII / MPR / 2000 and Act No. 34 of 2004. Second, the perception of the military conception of justice with jurisdiction over soldiers who committed the crime. This study is a normative- empirical law that uses secondary data and primary data. The data collected by the study of documents and interviews. The data analysis using qualitative methods. The results showed that first the jurisdiction of the General Court of the soldiers who committed the crime can not be implemented because of the general Act No. 31 of 1997 on Military Justice has not been revised by Law Military Justice as new, second that some of the military still wants the soldiers who committed the crime, criminal acts both military and general crime, is in the jurisdiction of Military Justice.</em></p><p><strong>Keywords: </strong><em>Jurisdiction Court, Indonesian Army Forces (TNI)l, Crime.</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini bertujuan untuk menemukan jawaban atas dua permasalahan. Pertama, faktor-faktor yang menyebabkan belum diimplementasikannya yurisdiksi Peradilan Umum terhadap prajurit Tentara Nasional Indonesia (TNI) yang melakukan tindak pidana umum sebagaimana diamanatkan oleh Ketetapan MPR Nomor VII/MPR/2000 dan  Undang-Undang Nomor 34 Tahun 2004. Kedua, persepsi kalangan militer mengenai konsepsi peradilan yang berwenang mengadili prajurit TNI yang melakukan tindak pidana. Penelitian ini merupakan penelitian hukum normatif-empiris yang menggunakan data sekunder dan data primer. Pengumpulan data dilakukan dengan studi dokumen dan wawancara. Analisis data dilakukan dengan menggunakan metode kualitatif. Hasil penelitian menunjukkan bahwa, pertama yurisdiksi Peradilan Umum terhadap prajurit TNI yang melakukan tindak pidana umum belum dapat diimplementasikan karena Undang-Undang Nomor 31 Tahun 1997 tentang Peradilan Militer belum direvisi dengan Undang-Undang Peradilan Militer yang baru, kedua bahwa beberapa kalangan militer tetap menghendaki agar prajurit TNI yang melakukan tindak pidana, baik tindak pidana militer maupun tindak pidana umum, berada pada yurisdiksi Peradilan Militer.</p><strong>Kata Kunci: </strong>Yurisdiksi Peradilan, Prajurit TNI, Tindak Pidana

scholarly journals Application of Military Law Against TNI Members Who Commit Desertion Crimes

2021 ◽  
Vol 5 (2) ◽  
pp. 115-129
Author(s):  
Aswin Nugraha Sailellah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Structure ◽  
Positive Law ◽  
Processing Data ◽  
Military Law ◽  
The Right ◽  
The Military

This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elaborated, and interpreted, and reviewed the problem so that a conclusion is obtained as a problem solving effort. The results showed that the application of military criminal law against members of the TNI who were proven to commit desertion crimes is the authority of the military judiciary to prosecute him, then the stages in the form of investigations conducted by the Military Police on the orders of the Superior Who Has the Right to Punish (Ankum). furthermore, the investigation file is given to the Military Oditur to be studied, then the military oditur makes an indictment to be delegated to the Military Judiciary, after the judiciary feels sufficient with the files of the Military Oditur, then the military judiciary will prosecute members of the military who are accused of desertion. Furthermore, constraints in law enforcement related to desertion crimes are reviewed from 4 interrelated aspects, namely with regard to legal subtansi, the legal structure itself, facilities or infrastructure, and the community. The settlement of cases in the military judiciary at this time has been well arranged, but it is expected that all who play a role in the process of resolving military cases do all these stages based on Justice and Positive Law. The application of existing regulations must be done consistently and always conducted a review of desertion cases so that from these obstacles can be found solutions and solutions to reduce the quantity of desertion crimes.

scholarly journals IMPLEMENTASI PERATURAN GUBERNUR ACEH NOMOR 5 TAHUN 2018 DI KABUPATEN ACEH TIMUR

2021 ◽  
Vol 9 (1) ◽  
pp. 24
Author(s):  
Fajar Adi Putra
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Class Ii ◽  
Primary Data ◽  
Procedural Law ◽  
Technical Instructions

Aceh is a province in Indonesia that applies Islamic law in law enforcement, not infrequently in law enforcement in East Aceh District by prosecutors experiencing obstacles in applying Aceh Governor Regulation No. 5 of 2018 for the perpetrators of Jarimah, so that the implementation up to now the Prosecutor is guided by the Aceh Qanun Number 7 of 2013 concerning Jinayat Procedural Law. This study aims to find out how the implementation of the Aceh Governor's Regulation No. 5 of 2018 by the Prosecutors in East Aceh District and why the implementation of the Aceh Governor's Regulation is experiencing obstacles. This study uses an empirical juridical approach to the research location in Lapi Class II B Idi, as well as using secondary data and primary data, then collecting data from literature, interviews and observations, and from the results of these data the data are arranged in a descriptive analysis. The conclusion of this study is that Aceh's Governor Regulation Number 5 Year 2018 cannot be implemented in Idi Class II B Prison, so that in carrying out the Prosecutor's whip uqubat based on Article 262 Aceh Qanun Number 7 of 2013, this is due to obstacles encountered by the Prosecutor in implement the Governor Regulation Number 5 of 2018, including the absence of facilities and infrastructure in Class II B Idi prison, the absence of Technical Instructions and Implementing Guidelines related to the implementation of Governor Regulation Number 5 of 2018 from the Aceh High Prosecutor Office and Class II B Idi Prison, the budget which is limited from the local government, will cause a commotion between prisoners, and the community does not know the whip, given the spirit of the whip is to give the effect of shame on the perpetrators and provide lessons for the community.

scholarly journals OPTIMALISASI FUNGSI INTELIJEN KEPOLISIAN DALAM PENYELIDIKAN TINDAK PINDANA NARKOTIKA YANG DILAKUKAN ANGGOTA KEPOLISIAN ( Studi Sat Intelkam Polres Solok)

2018 ◽  
Vol 1 (1) ◽  
pp. 44-52
Author(s):  
Herius Harefa
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Data Collection ◽  
Field Study ◽  
Secondary Data ◽  
Education And Training ◽  
Police Force ◽  
Primary Data ◽  
Literature Study ◽  
And Training

One of the tasks of intelligence is to investigate members of the Police who commit criminal acts of narcotics abuse. Based on this, the problems described are the first, how the Police Intelligence Function and constraints in the Investigation of Narcotics Crimes committed by Solok Police Force Members and the Optimization of the Intelligence Functions. The specifications of this study are analytical descriptive. While the method of approach used is juridical empiris.Teknik data collection is a field study through interviews for primary data and literature study to obtain secondary data. The data obtained are then analyzed qualitatively. The first conclusion of the Police Intelligence Function in the investigation and supervision of members of the Police who committed the narcotic crime is to search, dig, and collect data as completely as possible from various sources. Both obstacles encountered in the execution of these functions are law enforcement factors where the Police must crack down on its members who commit a crime not to protect its members who are involved in narcotic criminal acts. Efforts Optimizing the intelligence function in investigating drug abuse by members of Polri is Conducting Education and training for members of Intelligence, Coordinating and cooperation with related institutions and institutions. Repressive efforts as law enforcement efforts in the form of repression, eradication, crackdown after the crime occurred.

scholarly journals Law Enforcement Against Liquor Distribution by Police in The District of Demak

2018 ◽  
Vol 1 (2) ◽  
pp. 383
Author(s):  
Misbakhul Munir ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Law Enforcement ◽  
Human Resources ◽  
Cultural Values ◽  
Preventive Measures ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Collection Method ◽  
Community Factors

Issues examined in this study were (1) Implementation of law enforcement against liquor by the Police Demak. (2) Obstacles encountered. (3) How the solutions do about it. The purpose of this study was to understand, describe, analyze and assess the implementation of enforcement by the Police in combating liquor Demak. The method used is Juridical Sociological with specification of descriptive analysis, the data used are primary data and secondary data so that the data collection method used is qualitative analysis. (1). Implementation of Law Enforcement by Police in combating liquor Demak carried out by (a) Preventive measures, namely the dissemination and raids (b) repressive actions, namely investigation, investigation, prosecution and trial. (2). Barriers Police Demak in law enforcement in combating the circulation of liquor (a) factor is the law that is not yet the enactment of a special law regulating the circulation of liquor (b) Factors law enforcement, namely the limited human resources (c) Factors of facilities (d) community factors, namely the lack of legal awareness (e) Cultural factors of society violates the cultural values of society. (3) Efforts by the Police Demak to overcome the obstacles in the fight against the circulation of liquor (a) Factors law (b) Improve the quality of Human Resources (c) Adding equipment and funds (d) Conducting socialization (e) To promote cooperation between agencies Related in Demak district.Keywords: Law Enforcement, Police, Liquors.

scholarly journals Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon)

2020 ◽  
Vol 2 (4) ◽  
pp. 601
Author(s):  
Eka Damayanti Damayanti ◽  
Aryani Witasari
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Executive Branch ◽  
Rape Victim ◽  
Primary Data ◽  
Sociological Approach

The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.

scholarly journals PELAKSANAAN TUGAS DAN WEWENANG HAKIM PENGAWAS DAN PENGAMAT PENGADILAN NEGERI DENPASAR DALAM PEMBINAAN NARAPIDANA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
I Dewa Made Suartha
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Applicable Law ◽  
Special Fund ◽  
Qualitative Descriptive

How is the implementation of duties and authorities of supervisors andobservers judges of Denpasar District Court in founding the convict? What areobstacles that occur in implementation of duties and authorities of supervisorsand observers judges of Denpasar District Court in founding the convict? The method used in this research was empirical legal research. Itscharacteristic is descriptive.  The data sources that used are primary data,secondary data and tertiary data. The primary data / field data were obtained byinterviewing the relevant law enforcement officer that has been determined as asample. The secondary data were obtained of literature studies. The data wasanalyzed by qualitative descriptive analysis to get the vivid conclusion anddescription in discussing the problems in this research. Conclusions derived from this study include: implementation of duties andauthorities of supervisors and observers judges of Denpasar District Court infounding the convict are not running optimally in accordance with the legislationin force. The factor that obstruct are the numbers of supervisors and observersjudges of Denpasar District Court were not adequate, that was one person, therewas no special fund (Operational fund) and there were no strict sanctions forthose when they could not do the duties according to the applicable law; theycould only appeal to the law enforcement agencies / officers of Class IIADenpasar Penitentiary founding the convict.

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