Analysis On Drug Crime Distribution (G List) Kind Of Narcotics (Case Study In Court Decision In Region III Cirebon)

The problems of this study are: 1) How is the consideration and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List)? 2) What are the constraints in finding criminal offense trafficking of drudgs (G List)? 3) How do the efforts and solutions should be executed against the crime of trafficking of drudgs (G List)?�Method sociological approach juridical law and specification in this study were included descriptive qualitative, The sources and types of data in this study are primary data obtained from interviews with field studies Security Chief Penitentiary (KPLP) Narcotics Prison Cirebon, And secondary data obtained from the study of literature. The problems studied by the theory of law enforcement, legal protection and law enforcement.Results of the discussion concluded: Considerations and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List) is to explicitly give appropriate consideration to the evidence in court, and a commitment to provide deserving punishment against criminal trafficking of drudgs G List. Obstacles in finding criminal offense trafficking of drudgs (G List) can be divided into the causes of the dealers and the causes of the user side, while the limiting factor of the dealers, namely Factors Poor Understanding of Law, Economic Factors, Environmental Factors Society, Factor Surveillance as well as factor constraints of the users, namely lack of evidence to arrest and lack Guide Report from Community. Efforts and solutions should be executed against the crime of trafficking of drudgs (G List) is through legal counseling on the dangers of drug distribution of G List, Doing arrest on drug users G List then perform a search pusher G List, Cooperate with BPOM in drug distribution of G List.Keywords: Crime; Distribution; Drug; G List; Narcotics.

Download Full-text

Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8483 ◽

2020 ◽

Vol 3 (1) ◽

pp. 87

Author(s):

Didi Wahyudi Sunansyah ◽

Aryani Witasari

Keyword(s):

Child Protection ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Field Studies ◽

Primary Data ◽

State Court ◽

Sociological Approach ◽

Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law 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 Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

Download Full-text

Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8363 ◽

2020 ◽

Vol 2 (4) ◽

pp. 535

Author(s):

Roswati Dewi ◽

Sri Endah Wahyuningsih ◽

Umar Ma'ruf

Keyword(s):

Law Enforcement ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Analysis Data ◽

The State ◽

Primary Data ◽

State Court ◽

Research Use ◽

West Java

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.

Download Full-text

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.

Download Full-text

The Legal Consequence Of The Judge Decision In The Case Of Children Criminal Justice Which Do Not Based On Society Research From Society Supervisor (Studies on Settlement Case of Children Crime In State Court of Cirebon)

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8362 ◽

2020 ◽

Vol 2 (4) ◽

pp. 565

Author(s):

Tasmo Tasmo ◽

Rakhmat Bowo Suharto

Keyword(s):

Criminal Justice ◽

Positive Impact ◽

Descriptive Analysis ◽

The State ◽

Primary Data ◽

State Court ◽

Final Conclusion ◽

Sociological Approach ◽

Legal Consequences ◽

Society Research

This study to answer the question: 1) The legal consequences of the Juvenile Judge decision who do not based �the Society Research (Litmas) of Society Supervisor (PK) in the State Court of Cirebon, 2) The value of justice verdict child in considering Society Research (Litmas) of Society Supervisor (PK) in the State Court of Cirebon.The approach used in this study is a sociological juridical approach. The kind of this research is descriptive analysis. Data were collected by interview and literature method. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies State Court of Cirebon, and secondary data obtained from the study of literature.The final conclusion is: 1) The legal consequences of the judge's decision not to consider children who Litmas Results PK Bapas under Article 60 of Child Law Criminal Justice System, child verdict is declared null and void, and the cancellation do not require cancellation; 2) Society Research (Litmas) Society Supervisors (PK) Correctional Center did not bring a positive impact to deliver a fair verdict and best for the child, when the judge makes it just as a mere formality and not as consideration verdict. Put forward suggestions: 1) It should be implemented in law changes SPPA clearly so Litmas PK Bapas not only as a formal requirement child judges in decisions; 2)Institutions should set up an oversight judge to judge that the judge's ruling the child can be declared as null and void the decision, and the judge supervision should stipulate that convicted child can not be executed by the Public Prosecutor.Keywords: Law Effects; Judge Decision; Child Crime; Society Research; Society Supervisor.

Download Full-text

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)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8433 ◽

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.

Download Full-text

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

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8435 ◽

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.

Download Full-text

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)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8403 ◽

2020 ◽

Vol 3 (1) ◽

pp. 71

Author(s):

Yustisi Yudhasmara ◽

Umar Ma'ruf ◽

Sri Endah Wahyuningsih

Keyword(s):

Secondary Data ◽

Criminal Code ◽

The State ◽

Court Decision ◽

Primary Data ◽

State Court ◽

Final Conclusion ◽

Criminal Prosecution ◽

Criminal Proceedings ◽

The Impact

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.

Download Full-text

The Role of Attorney As the Guards Team Of Security Government And Regional Development In The Prevention Efforts Of Criminal Corruption (Case Study In State Attorney Of Purworejo)

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8369 ◽

2020 ◽

Vol 2 (4) ◽

pp. 557

Author(s):

Sujatmika Sujatmika ◽

Maryanto Maryanto

Keyword(s):

Law Enforcement ◽

Regional Development ◽

Descriptive Analysis ◽

Secondary Data ◽

The State ◽

Primary Data ◽

Public Prosecutor ◽

Limiting Factor ◽

Community Factors

The efforts to overcome of the Corruption by law enforcement can be done by way of prevention (preventive) and prevention (repressive).The problems of this study are: Guards Team Establishment, Security Government and Regional Development in the law enforcement of corruption in the State Attorney of Purworejo. The Role of the Prosecutor as Guards Team of Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo, a limiting factor of the role of the Prosecutor as Guards Team , Security Government and Regional Development in the Prevention of Corruption in the State Attorney of Purworejo and solutions.This research use socio-juridical approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from interviews with field studies Public Prosecutor in the State Attorney of Purworejo, And secondary data obtained from the study of literature relating to the theory of supervision, authority and law enforcement.Based on the results of research that Purpose of establishing of the Guards Team of Security Government and Regional Development, namely: 1) the loss of doubt the power of the budget (KPA), the power of the commitment (KDP), and implementing activities in carrying out its activities, 2) absorption of the budget properly and on time, and 3) development of Purworejo run properly and without corruption. The role of the Attorney divided into three normative role, the ideal role, and the role of factual. Inhibiting factor is the factor of its own law, law enforcement apparatus which is not widely understood rule of law, the factors supporting infrastructure and inadequate facilities, community factors and cultural factors. Solutions to overcome obstacles, namely: a) Prevention / preventive and persuasive, b) Legal Assistance; c) Coordination with APIPs and / or related agencies; d) Conduct Monitoring and Evaluation; and e) The Enforcement of Repressive Laws.Keywords: Attorney; Corruption; Role; Guard Team of Security Government and Regional Development; Crime.

Download Full-text

Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction)

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8395 ◽

2020 ◽

Vol 3 (1) ◽

pp. 15

Author(s):

Endang Kusnandar ◽

Anis Mashdurohatun ◽

Siti Rodhiyah Dwi Istinah

Keyword(s):

Child Protection ◽

Descriptive Analysis ◽

Legal Protection ◽

Secondary Data ◽

Field Studies ◽

Mental Condition ◽

Primary Data ◽

State Court ◽

Child Victims ◽

Rape Victims

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.

Download Full-text

Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i4.8384 ◽

2020 ◽

Vol 2 (4) ◽

pp. 593

Author(s):

Fajar Fitrio Dwi Nugroho ◽

Amin Purnawan

Keyword(s):

Precautionary Principle ◽

Criminal Responsibility ◽

Legal Protection ◽

Secondary Data ◽

Primary Data ◽

State Court ◽

The Precautionary Principle ◽

Rules And Principles ◽

Type Data

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.

Download Full-text