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.

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 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 The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals KEDUDUKAN ADVOKAT DALAM PASAL 5 UNDANGUNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT PERSPEKTIF HUKUM

JURISDICTIE ◽  
2017 ◽  
Vol 5 (2) ◽  
pp. 188
Author(s):  
Adib Khoirul Umam
Keyword(s):  
Law Enforcement ◽  
Islamic Law ◽  
Legal Theory ◽  
Secondary Data ◽  
Primary Data ◽  
High Quality ◽  
Positive Law ◽  
The Law ◽  
Article 5

<p>This study aims to determine how Islam views which in this case is limited only four schools of opinion about the position of an advocate as law enforcement. In Islam indeed advocates known as providers of legal bantuah namely Hakam, mufti and mashalih alaih that functions similar to advokat.Penelitian function is called normative research with descriptive methods comparative analysis between positive law and Islamic law, namely Law No. 18 2003 and scholarly opinion four schools as primary data. Secondary data were taken from books or books that explain the legal theory of primary data. Article 5 of Law No. 18 of 2003 on lawyers has been explained that the position of advocate parallel with other law enforcement such as judges, prosecutors and police. But in fact appear black advocates not to enforce the law but instead became mafias that sell traded equity law. For it will be studied how exactly Islam's view of the position of Advocates with the formulation of the problem sebegai follows, first how the views of Islamic law for the position of advocate in Article 5 of Law No. 18 of 2003 on advocates, who both like where the relevance of Islam's view of the position of advocate in enforcement law in Indonesia. From research conducted authors argue for their refisi against the law number 18 of 2003 on advocates. alignment between advocates and other law enforcement must be followed by the high quality of an advocate and supervision of the performance of lawyers in order to minimize the occurrence of fraud in practice in providing legal aid.</p><p>Penelitian ini bertujuan untuk mengetahui bagaimana pandangan Islam yang dalam hal ini hanya dibatasi pendapat empat madzhab tentang kedudukan advokat sebagai penegak hukum. Dalam Islam memang advokat dikenal sebagai lembaga pemberi bantuah hukum yaitu hakam, mufti dan mashalih alaih yang secara fungsi hampir sama dengan fungsi advokat. Penelitian ini disebut penelitian normatif dengan metode deskriptif analisis perbandingan antara hukum positif dan hukum Islam, yaitu undang-undang nomor 18 tahun 2003 dan pendapat ulama empat madzhab sebagai data primer. Data sekunder diambil dari kitab-kitab atau buku-buku teori hukum yang menjelaskan tentang data primer. Dari penelitian yang dilakukan penulis berpendapat perlunya adanya refisi terhadap undang-undang nomor 18 tahun 2003 tentang advokat. kesejajaran antara advokat dan penegak hukum lainya harus diikuti dengan tingginya kualitas seorang advokat dan pengawasan terhadap kinerja advokat agar bisa meminimalisir terjadinya penyelewengan dalam praktiknya dalam memberi bantuan hukum.</p>

scholarly journals TINJAUAN PENYALAHGUNAAN DANA DESA OLEH KEPALA DESA DI WILAYAH KEPOLISIAN RESOR WAJO

2021 ◽  
Vol 3 (1) ◽  
pp. 47-55
Author(s):  
Syarifuddin Syarifuddin ◽  
Ruslan Renggong ◽  
Baso Madiong
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Legal Culture ◽  
Primary Data ◽  
Purposive Sampling ◽  
Police Station ◽  
Legal Structure ◽  
Operational Costs ◽  
The Village ◽  
Collection Methods

Tujuan penelitian ini adalah untuk mengetahui dan menganalisis penegakan hukum terhadap penyalahgunaan dana desa oleh kepala desa di wilayah Polres Wajo dan untuk mengetahui dan menganalisis faktor-faktor yang mempengaruhi efektivitas penegakan hukum terhadap penyalahgunaan dana desa oleh kepala desa di wilayah Polres Wajo. Tipe penelitian ini adalah penelitian deskriptif dengan pendekatan yuridis-empiris Penelitian ini dilaksanakan di Kabupaten Wajo yaitu tepatnya di Polres Wajo. Populasi dalam penelitian ini, antara lain: seluruh warga desa di Wilayah Polres Wajo. Sampel dalam penelitian ini ditentukan sebanyak 50 orang responden dengan menggunakan teknik purposive sampling Jenis data yang diperlukan dalam penelitian ini adalah data primer dan data sekunder. Metode pengumpulan data yang digunakan adalah melalui wawancara, dokumentasi dan kuesioner (angket). Analisis data menggunakan metode analisis kualitatif dan kuantitatif. Hasil Penelitian menunjukkan bahwa; Penegakan hukum terhadap penyalahgunaan dana desa oleh kepala desa di Wilayah Polres Wajo sudah dilaksanakan sesuai peraturan perundang-undangan yang berlaku. Sementara faktor substansi hukum, struktur hukum, sarana dan prasarana, budaya hukum, kesadaran hukum, dan biaya operasional berpengaruh terhadap efektifitas penegakan hukum penyalahgunaan dana desa oleh kepala desa di wilayah Polres Wajo, antara lain: substansi hukum, struktur hukum, sarana dan prasarana, budaya hukum, kesadaran hukum, dan biaya operasional. The purpose of this study was to determine and analyze law enforcement on misuse of village funds by the village heads in Wajo Police area and to identify and analyze the factors that influence the effectiveness of law enforcement on misuse of village funds by the village heads in the Wajo Police area. This type of research is a descriptive study with a juridical-empirical approach. This research was conducted in Wajo Regency, which is precisely at Wajo Police Station. The population in this study included: all villagers in the Wajo Police Area. The samples in this study were 50 respondents determined by using purposive sampling techniques. The type of data needed in this study are primary data and secondary data. Data collection methods used were through interviews, documentation and questionnaires. Data analysis used was qualitative and quantitative analysis methods. Research shows that; Law enforcement against the misuse of village funds by the village heads in the Wajo Police Area has been carried out in accordance with applicable laws and regulations. Meanwhile the factors of legal substance, legal structure, facilities and infrastructure, legal culture, legal awareness, and operational costs affect the effectiveness of law enforcement of village fund misuse by the village heads in the Wajo Police Area, such as: legal substance, legal structure, facilities and infrastructure, legal culture, legal awareness, and operational costs.

scholarly journals FASAKH NIKAH DENGAN ALASAN SUAMI MISKIN (Studi Perbandingan antara Ulama Syafi’iyyah dan Hukum Positif di Indonesia)

2019 ◽  
Vol 8 (2) ◽  
Author(s):  
Syahrizal Abbas Sitti Mawar Muhammad Habibi
Keyword(s):  
Islamic Law ◽  
Comparative Method ◽  
Secondary Data ◽  
Primary Data ◽  
Is Research ◽  
Positive Law ◽  
Differences Of Opinion ◽  
Implementation Period ◽  
The Right

In a family sometimes painful actions arise from involuntary causes (not intentionally), not on the wishes of the husband, such as because the husband is poor or poor so he does not have a living to fulfill his wife's rights in the form of food, clothing and home at a certain time, which makes the wife ask to part with her husband through the divorce (fasakh) path. Regarding the problem of the wife asking for fasakh (carrying out divorce) by reason of a poor husband there are differences of opinion between the Syafi'iyyah Ulama and Positive Law in Indonesia concerning the provisions that must be fulfilled by both. This study wants to answer the question of how the provisions of fasakh marriage are based on the reasons of poor husbands according to Syafi'iyyah Ulama and Positive Law in Indonesia. To get answers, the author uses primary data sources and secondary data. The research method that I use is Descriptive Comparative method that is research by analyzing and comparing opinions, reasons and interpretations of the arguments used as the opinions of the two groups. The results of the study indicate that the fasakh of marriage on the grounds of a poor husband according to the Shafi'iyyah Ulama is permissible and validly carried out on condition; 1) A wife who is married between being patient and divorced, 2) Judge's decision, in the form of; a. determination of poor status according to the provisions, b. giving an opportunity to a husband to work for a living, c. Fasakh implementation period three days after the wife reported. 3) Separated by reciting fasakh instead of divorce, and still having three times the right of divorce if in the future you want to remarry with a new contract. Whereas according to Positive Law in Indonesia fasakh marriage by reason of poor and permissible husband with conditions, 1) occur shikak between wife and husband, 2) wife make a divorce letter, 3) Decision judge namely proof of poor husband in a literal manner, 4) Court decision drop one bain sughra talak. From the explanation above, it can be concluded that the provisions of the fasakh of marriage by reason of poor husbands in the opinion of the Syafi'iyyah clerics are better and fair because they are supported by a strong foundation and are most in accordance with the soul, basis and principles of Islamic law. Therefore in Indonesia requires more explicit rules about fasakh (divorce) with the excuse of poor husbands.Keywords: Fasakh and Poor. 

scholarly journals Kebijakan Kriminal dalam Menanggulangi Kejahatan Kesusilaan Melalui Internet

2020 ◽  
Vol 8 (2) ◽  
pp. 167-181
Author(s):  
Mus Muliadin ◽  
Fajar Dian Aryani
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Activity ◽  
Research Approach ◽  
Positive Law ◽  
Technological Advances ◽  
The Future ◽  
Dark Shadow ◽  
New Form

The development of cybercrime as a new form of crime in the cybersex world has been galvanized globally as a dark shadow of technological advances in the field of communication and information. because it allows for new forms of exploitation, new opportunities for criminal activity, and even new forms of crime. One of the cybercrime problems that is also very troubling and gets the attention of various circles, is the cybercrime problem in the field of decency. The research approach uses a normative juridical approach, the data consists of secondary data obtained through literature studies, and the data is analyzed analytically. Cybersex is a new form of adultery so clear legal arrangements are needed to be able to anticipate it. In addition to these penal efforts, non-penal (integral/systemic) should be put forward to overcome cybersex. Cybersex can be done by law enforcement with the positive laws that exist at this time by carrying out legal construction. Besides, the regulation by Positive Law of Indonesia is still spread in various laws and regulations and there are still some shortcomings so that in the future anticipatory policies of criminal law must be dating.

scholarly journals Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural

2017 ◽  
Vol 3 (2) ◽  
pp. 299-326 ◽  
Author(s):  
Hwian Christianto
Keyword(s):  
Law Enforcement ◽  
Cultural Values ◽  
Criminal Law ◽  
Secondary Data ◽  
Close Correlation ◽  
Primary Data ◽  
Structural Factors ◽  
Moral Norms ◽  
Substantive Justice ◽  
Revenge Porn

Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to  formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And  (2) Is revenge porn a decency crime based on the Sobural approach? Empirical  juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge.  The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.

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 Integrative Law Enforcement about Tin Mining Reclamation Responsibility at Bangka Belitung Island.

2018 ◽  
Vol 68 ◽  
pp. 03017
Author(s):  
Dwi Haryadi ◽  
Darwance ◽  
Reko Dwi Salfutra
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Living Environment ◽  
Primary Data ◽  
Environmental Damage ◽  
Literature Study ◽  
Legal Structure ◽  
Independence Era ◽  
Minimum Realization ◽  
The Impact

Tins mining at Belitung Island had been started since 17th century, since the era of British colonialism, Dutch, Japan invasion until independence era and nowadays, tins exploitation still exists. Tins mining activities make an impact to living environment condition in Belitung island. Hundreds holes of tins exploration called “kolong” (pit) can be found easily. In good mining practice context and mining regulation, tins mining exploitation should be ended with reclamation, so, the impact of environmental damage could be minimize. But, in implementation there are many problem, such as neglect of reclamation obligation, minimum realization, wrong perception about reclamation guarantee, the results of the reclamation that being mined again, and lack of supervisions. This research focused to analyze some of those problems in a integrative law enforcement framework. This research is a qualitative research with primary data and secondary data. The data collection techniques are through literature study and interviews with related stakeholder, and also do observations at reclamation sites. This research show that reclamation responsibilities Implementation’s problems caused by many factors, and through integrative law enforcement approach focused on three study’s components, which is legal substance, legal structure components, and legal culture components can encourage tins mining reclamation at Belitung Island in line with good mining practice principle and sustainable development with environmentally conception.

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