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

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

<p><em>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).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

scholarly journals PELAKSANAAN KEWAJIBAN NEGARA DALAM PEMENUHAN HAK ATAS PENDIDIKAN DASAR BERDASARKAN INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (STUDI DI KOTA SINGKAWANG)

2020 ◽  
Vol 4 (2) ◽  
pp. 191
Author(s):  
Endah Rantau Itasari
Keyword(s):  
Basic Education ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Research ◽  
Cultural Rights ◽  
Library Research ◽  
Determining Factors ◽  
International Obligations ◽  
Technical Factors ◽  
The Right

Indonesia as a party to the International Covenant on Economic, Social, and Cultural Rights (ICESCR) is bound to implement these provisions based on the international obligations contained therein, including concerning the fulfillment of the right to basic education. This paper is the result of research on how the implementation of the obligation to fulfill the right to basic education, especially in Singkawang City, is based on the ICESC. This research is empirical normative legal research using primary data and secondary data. The data obtained through interviews and library research were then analyzed qualitatively. From the research results, it was found that the implementation of the fulfillment of the right to basic education based on the ICESCR in Singkawang City has been gradually fulfilled. Technical factors, geographical factors, and factors implementing the provisions of laws and regulations that are not yet synchronized and complete are the determining factors for the fulfillment of basic education rights in Singkawang City.Indonesia sebagai pihak pada International Covenant on Economic, Social and Cultural Rights (ICESCR) terikat untuk melaksanakan ketentuan-ketentuan tersebut berdasarkan kewajiban-kewajiban internasional yang terkandung di dalamnya, termasuk dalam kaitannya dengan pemenuhan hak atas pendidikan dasar. Tulisan ini merupakan hasil penelitian terhadap bagaimana pelaksanaan kewajiban pemenuhan hak atas pendidikan dasar, khususnya di Kota Singkawang berdasarkan ICESC. Penelitian ini adalah penelitian hukum normatif empiris dengan menggunakan data primer dan data sekunder. Data yang diperoleh melalui wawancara dan melalui penelitian kepustakaan tersebut selanjutnya dianalisis secara kualitatif. Dari hasil penelitian didapatkan hasil bahwa pelaksanaan pemenuhan hak atas pendidikan dasar berdasarkan ICESCR di Kota Singkawang telah secara bertahap dipenuhi. Faktor teknis, faktor geografis dan faktor implementasi ketentuan peraturan perundangan-undangan yang belum sinkron dan komplit menjadi faktor-faktor penentu pemenuhan hak pendidikan dasar di Kota Singkawang.

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 Fungsi Badan Pengawas Keuangan dan Pembangunan dalam Melakukan Perhitungan Kerugian Keuangan Negara pada Perkara Tindak Pidana Korupsi

2021 ◽  
Vol 2 (1) ◽  
pp. 193-196
Author(s):  
Kadek Teguh Aryasa ◽  
I Made Minggu Widyantara ◽  
Luh Putu Suryani
Keyword(s):  
Central Government ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Primary Data ◽  
District Attorney ◽  
Legal Research ◽  
Procedure Code ◽  
Efficiency And Effectiveness ◽  
Descriptive Approach ◽  
Financial Losses

State financial losses are an important issue to study. Corruption in Indonesia is a major problem so far it has never been resolved, starting from the central government to the regions. This has had a bad effect on the Indonesian economy. In practice, the Investigating Prosecutor at the Denpasar District Attorney often conducts investigations in the framework of calculating state financial losses. This study aims to determine the legality of the results of investigative audits issued by the Financial Supervisory Agency as evidence in proving state financial losses in corruption cases and to determine the factors that influence the Investigative Prosecutor to more frequently ask Financial Supervisory Agency for assistance to conduct investigative audits. The research method used is empirical legal research with a qualitative approach and a descriptive approach. The data sources are primary data obtained directly from the Denpasar District Attorney with interview techniques and secondary data from legal theories. The results show that the results of the investigative audit conducted by the Financial Supervisory Agency can be used as evidence at trial because their validity meets the elements contained in Article 184 of the Criminal Procedure Code and the tendency of the Investigative Prosecutor at the Denpasar District Attorney to conduct an investigative audit of the Financial and Development Supervisory Agency efficiency and effectiveness policy factors as well as human resource factors.

scholarly journals Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 31
Author(s):  
Marwan Jaya Putra
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Research Approach ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
The Poor ◽  
The Law

The provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law.

Construct Validity

2017 ◽  
Author(s):  
Richard McCleary ◽  
David McDowall ◽  
Bradley J. Bartos
Keyword(s):  
Time Series ◽  
Construct Validity ◽  
Hypothesis Test ◽  
Secondary Data ◽  
Time Frame ◽  
Primary Data ◽  
Optimal Time ◽  
Intervention Model ◽  
Right Hand ◽  
The Right

Chapter 8 focuses on threats to construct validity arising from the left-hand side time series and the right-hand side intervention model. Construct validity is limited to questions of whether an observed effect can be generalized to alternative cause and effect measures. The “talking out” self-injurious behavior time series, shown in Chapter 5, are examples of primary data. Researchers often have no choice but to use secondary data that were collected by third parties for purposes unrelated to any hypothesis test. Even in those less-than-ideal instances, however, an optimal time series can be constructed by limiting the time frame and otherwise paying attention to regime changes. Threats to construct validity that arise from the right-hand side intervention model, such as fuzzy or unclear onset and responses, are controlled by paying close attention to the underlying theory. Even a minimal theory should specify the onset and duration of an impact.

scholarly journals IMPLEMENTASI PASAL 11 AYAT (1) UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA : PERSPEKTIF PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA PADA PERUSAHAAN PERSEROAN PEGADAIAN

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Wayan Tirtawati ◽  
I Dewa Gde Atmadja ◽  
Gde Marhendra Wijaatmadja
Keyword(s):  
Government Regulation ◽  
Moving Objects ◽  
Secondary Data ◽  
Descriptive Study ◽  
Primary Data ◽  
Sampling Techniques ◽  
Insurance Company ◽  
Legal Research ◽  
Collecting Techniques ◽  
Study Sites

Pawnshop Company is a State Owned Enterprises (SOEs), which is engaged in the business of providing credit services and applicable statutory lien for anyone with a moving objects collateral requirement. In order to develop the business, so Government Regulation No. 103 of 2000 was issued, stated of the granting of the loan based on the collateral of fiduciary money. As an institution that provides credit to guarantee the fiduciary shall comply with the provisions set out in Law No. 42 of 1999, especially Article 11, paragraph (1) which states that the objects are burdened with fiduciary collateral required to be registered, but in reality there is no Pawnshop Company comply with Article 11 paragraph (1) of Law No. 42 of 1999 on Fiduciary. Based on the gap das sein and das sollen, then can be formulated the problem of how fiduciary guarantee enrollment application pursuant to Article 11 paragraph (1) of Law No. 42 of 1999 on Company Pawnshop and how execution of fiduciary insurance company that is not registered by the Company Pawnshop when borrowers are in default. Empirical legal research is used in this thesis, because it’s getting out of the gap between das Sein and das sollen. The approach used in this thesis is the legislation approach, case-based approach, and the analytical approach. The nature of the research in this study was a descriptive study, sites in the Pawnshop Company branch Denpasar and Tabanan. The data used in this thesis is the primary data / field data and secondary data / literature. Data collecting techniques used in this thesis is planned interview techniques and reading literature. Sampling techniques used in this thesis is purposive sampling and the data obtained are presented in descriptive qualitative. The results of this problem study is application of fiduciary guarantee enrollment on the Pawnshops Company, that disobedience to law number 42 of 1999 Article 11 paragraph (1) was happened, while the execution of fiduciary insurance company that is not registered by Pawnshop Company if debtor in default is done by a family way.

Factors Affecting on Entrepreneurial Intention of University Students (Case Study on Wollo University)

2021 ◽  
Author(s):  
Abdu Kamil
Keyword(s):  
Environmental Factors ◽  
University Students ◽  
Family Background ◽  
Secondary Data ◽  
Entrepreneurial Intention ◽  
Primary Data ◽  
Personal Factors ◽  
Factors Affecting ◽  
College Of Business

Abstract Background: Entrepreneurship is essential in creating, fulfilling and forming a healthy economy. This study is conducted to investigate Factor Affecting on Entrepreneurial Intention: The case study on Wollo University Students. Some studies have been done in this area but only a few were conducted in Ethiopia. This research aims to address the gap that exists due to the weakness of previous studies to verify the factors that affect entrepreneurial intention and provide more clarification on the topic. Methods: For the purpose of this study explanatory research design was employed. The researcher used stratified random sampling to classify all participants into seven colleges and one school of law. From each stratum proportionally by using purposive sampling to select 226 respondents with graduate students from college of business and economics for the desire of the study. Both primary and secondary data were collected. Primary data were collected through structured questionnaire from 210 students. Secondary data were collected from previous studies and used as reference. Results: The correlation and regression analysis has been applied to see the relationship and how independent variables influence entrepreneurial intention. From the analyses it is confirmed that demographic factors have statistically insignificant effect on entrepreneurial intention, while personal factors, environmental factors and family background have a statistically significant effect on entrepreneurial intention. Conclusions: Based on the findings it is concluded that demographic factor does not affect entrepreneurial intention while personal factors, environmental factors and family background affect entrepreneurial intention.

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

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

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

scholarly journals BEBERAPA FAKTOR TERJADINYA TINDAK PENCABULAN OLEH ANAK (Studi pada Kepolisian Resort Banggai)

2020 ◽  
Vol 4 (1) ◽  
pp. 82
Author(s):  
H.M. Ikhwan Rays
Keyword(s):  
Sexual Abuse ◽  
Child Abuse ◽  
Preventive Measures ◽  
Secondary Data ◽  
Primary Data ◽  
Child Molestation ◽  
Legal Research ◽  
Technological Factors ◽  
Alcoholic Drinks

This research is intended to study what factors are causing the follow-up of child molestation in Banggai Regency and what efforts have been made by the Banggai Resort Police in an effort to overcome the crime of sexual abuse by children in the District. Be proud To find out the objectives needed, this study uses empirical juridical where the method or method used in this legal research is to use primary data, that is the data obtained by the author from the research location and use secondary data obtained from data / existing library materials. Outcome factors, factors that cause child abuse in Banggai Regency are: educational factors, environmental factors, alcoholic drinks factors and technological factors. Whereas the efforts carried out by the Banggai Regional Police consist of: pre-emptive efforts, preventive measures and repressive efforts

scholarly journals PELUANG PENGEMBANGAN ECOPRENEURSHIP MENGGUNAKAN PERSPEKTIF KREATIFITAS LAYANAN

2020 ◽  
Vol 15 (1) ◽  
pp. 108-119
Author(s):  
Muhammad Yasser Iqbal Daulay ◽  
Fachri Eka Saputra ◽  
Sularsih Anggarawati
Keyword(s):  
Learning Process ◽  
Social Innovation ◽  
Secondary Data ◽  
Local Communities ◽  
Data Sources ◽  
Primary Data ◽  
Mass Tourism ◽  
Business Goals ◽  
The Right ◽  
Ecological Tourism

Ecotourism offers a different form of travel than mass tourism. Ecotourism also provides a learning process to protect and care for nature, and improve the welfare of local communities around or within the ecotourism destination. This study was conducted to find the right approach to developing ecotourism. The main focus is given to the potential of regional ecotourism, including human, cultural, and supporting resources. Research is also conducted to determine the perspective of tourists because meeting their needs cannot be sustainably separated from business goals. This study uses data sources grouped into two, namely primary and secondary data. Primary data obtained through several instruments such as surveys, interviews, and observations.Keywords: Social innovation, ecological tourism, entrepreneurial innovation, 

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