Pub Date : 2022-08-17DOI: 10.30659/ldj.4.3.416-422
Sri Tatmala Wahanani, I. Maerani, Siti Ummu Adillah
The purpose of this study was to determine and analyze the impact of changes in the age limit of child victims, provisions for the age limit of child victims in Islamic law and age limits for victims of crimes of decency with justice. The approach method in this study uses a doctrinal research method (juridical normative) and a legal psychological approach method, with a descriptive analytical research specification. In collecting data used literature study method with qualitative data analysis. From the results of the study, it was concluded that the change in the age limit of child victims in positive law in Indonesia in 2002 from 15 (fifteen) to 18 (eighteen) years had an impact on increasing the number of cases of decency crimes. Even criminal acts of decency are dominated on the basis of reports from the parents of the victim's child who do not approve of the courtship (consensual) relationship between the victim's child and the perpetrator of the crime of decency. This has implications for the conscience of justice for law enforcement officers to demand or make decisions against the perpetrators, there is a sense of injustice, there is a sense of inadequacy when they have to demand or impose punishment, because actually the crime was also desired by the victim. So for the sake of realizing justice, the age of the child victim of 18 (eighteen) years needs to be reconsidered for revision or change.
{"title":"The Legal Analysis of Age Limitations of Child Victims on Criminal Actions in Justice Perspective","authors":"Sri Tatmala Wahanani, I. Maerani, Siti Ummu Adillah","doi":"10.30659/ldj.4.3.416-422","DOIUrl":"https://doi.org/10.30659/ldj.4.3.416-422","url":null,"abstract":"The purpose of this study was to determine and analyze the impact of changes in the age limit of child victims, provisions for the age limit of child victims in Islamic law and age limits for victims of crimes of decency with justice. The approach method in this study uses a doctrinal research method (juridical normative) and a legal psychological approach method, with a descriptive analytical research specification. In collecting data used literature study method with qualitative data analysis. From the results of the study, it was concluded that the change in the age limit of child victims in positive law in Indonesia in 2002 from 15 (fifteen) to 18 (eighteen) years had an impact on increasing the number of cases of decency crimes. Even criminal acts of decency are dominated on the basis of reports from the parents of the victim's child who do not approve of the courtship (consensual) relationship between the victim's child and the perpetrator of the crime of decency. This has implications for the conscience of justice for law enforcement officers to demand or make decisions against the perpetrators, there is a sense of injustice, there is a sense of inadequacy when they have to demand or impose punishment, because actually the crime was also desired by the victim. So for the sake of realizing justice, the age of the child victim of 18 (eighteen) years needs to be reconsidered for revision or change.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82254489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-17DOI: 10.30659/ldj.4.3.423-430
Yheni Dwi Sukmawati, Bambang Tri Bawono, Achmad Sulchan
The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.
{"title":"The Settlement of Criminal Actions of Traffic Accidents with Child Performers","authors":"Yheni Dwi Sukmawati, Bambang Tri Bawono, Achmad Sulchan","doi":"10.30659/ldj.4.3.423-430","DOIUrl":"https://doi.org/10.30659/ldj.4.3.423-430","url":null,"abstract":"The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82395429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-17DOI: 10.30659/ldj.4.3.396-402
H. Hermawan, Widayati Widayati, Peni Rinda Listyawati
The purpose of this research is to study and obstacles analysis and solutions in the process of investigating prostitution service providers through information media and electronic transactions. The specification of this research is the normative juridical method. The results of this study indicate that the investigation process carried out by the Cirebon City Resort Police in tackling the crime of online prostitution, investigators carried out several internal stages, including through the investigation process by disguise and trapping the perpetrators. And the obstacles experienced by the Cirebon City Police in the investigation process include collecting sufficient evidence and determining suspects. This is because there are no special rules regarding the investigation of online prostitution, so that investigators conduct undercover investigations as stipulated in the National Police Chief Regulation Number 6 of 2019 concerning Criminal Investigations, then the diversity of laws governing online prostitution, perpetrators falsify real identity, and unprofessional human resources in dealing with cases related to cybercrime. And the solution is the government should implementing truly the Act No. 11 of 2008 concerning Information and Electronic Transactions jo Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions, Act No. 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons, and Act No. 23 of 2002 concerning Child Protection.
{"title":"The Investigation of Prostitution Service Providers through Social Media Information and Electronic Transactions","authors":"H. Hermawan, Widayati Widayati, Peni Rinda Listyawati","doi":"10.30659/ldj.4.3.396-402","DOIUrl":"https://doi.org/10.30659/ldj.4.3.396-402","url":null,"abstract":"The purpose of this research is to study and obstacles analysis and solutions in the process of investigating prostitution service providers through information media and electronic transactions. The specification of this research is the normative juridical method. The results of this study indicate that the investigation process carried out by the Cirebon City Resort Police in tackling the crime of online prostitution, investigators carried out several internal stages, including through the investigation process by disguise and trapping the perpetrators. And the obstacles experienced by the Cirebon City Police in the investigation process include collecting sufficient evidence and determining suspects. This is because there are no special rules regarding the investigation of online prostitution, so that investigators conduct undercover investigations as stipulated in the National Police Chief Regulation Number 6 of 2019 concerning Criminal Investigations, then the diversity of laws governing online prostitution, perpetrators falsify real identity, and unprofessional human resources in dealing with cases related to cybercrime. And the solution is the government should implementing truly the Act No. 11 of 2008 concerning Information and Electronic Transactions jo Act No. 19 of 2016 concerning Amendments to Act No. 11 of 2008 concerning Information and Electronic Transactions, Act No. 21 of 2007 concerning Eradication of the Crime of Trafficking in Persons, and Act No. 23 of 2002 concerning Child Protection.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91176628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-17DOI: 10.30659/ldj.4.3.431-438
M. Zubaidi, S. Kusriyah, Peni Rinda Listyawati
The purpose of this study is to determine and analyze law enforcement against perpetrators of criminal acts of violence by children. To find out and analyze legal protection for perpetrators of criminal acts of violence by children. To find out and analyze the barriers to law enforcement against perpetrators of criminal acts of violence by children and efforts to overcome them. The method used by the researcher is a sociological juridical approach to law and the specifications in this study are descriptive. As for the sources and types of secondary data obtained from the literature study. Data analyzed qualitatively. Based on the results of the study that the law enforcement against perpetrators of criminal acts of violence by children have been carried out optimally. Law enforcement against suspects who have committed crimes of child abuse, where the perpetrators have been detained by Police Investigators since the report of abuse was given by the victim to the investigator, and for further investigation the perpetrators are detained by investigators. Legal Protection for Perpetrators of Criminal Acts of Violence by Children is being able to be responsible by serving sentences in accordance with applicable regulations, which in this case are articles 351, 353, 354 and 355 of the Criminal Code. The provisions contained in the article above are articles aimed at anyone who commits a violent crime, more specifically, which results in the death of a person. Obstacle: Victim died, Minor Actors, Suspect Easily to Escape. Efforts to overcome it are dby imposing criminal sanctions. The application of crime to criminals is expected to provide prevention to other people and the general public from committing crimes.
{"title":"The Law Enforcement against Criminal Acts of Violence by Children","authors":"M. Zubaidi, S. Kusriyah, Peni Rinda Listyawati","doi":"10.30659/ldj.4.3.431-438","DOIUrl":"https://doi.org/10.30659/ldj.4.3.431-438","url":null,"abstract":"The purpose of this study is to determine and analyze law enforcement against perpetrators of criminal acts of violence by children. To find out and analyze legal protection for perpetrators of criminal acts of violence by children. To find out and analyze the barriers to law enforcement against perpetrators of criminal acts of violence by children and efforts to overcome them. The method used by the researcher is a sociological juridical approach to law and the specifications in this study are descriptive. As for the sources and types of secondary data obtained from the literature study. Data analyzed qualitatively. Based on the results of the study that the law enforcement against perpetrators of criminal acts of violence by children have been carried out optimally. Law enforcement against suspects who have committed crimes of child abuse, where the perpetrators have been detained by Police Investigators since the report of abuse was given by the victim to the investigator, and for further investigation the perpetrators are detained by investigators. Legal Protection for Perpetrators of Criminal Acts of Violence by Children is being able to be responsible by serving sentences in accordance with applicable regulations, which in this case are articles 351, 353, 354 and 355 of the Criminal Code. The provisions contained in the article above are articles aimed at anyone who commits a violent crime, more specifically, which results in the death of a person. Obstacle: Victim died, Minor Actors, Suspect Easily to Escape. Efforts to overcome it are dby imposing criminal sanctions. The application of crime to criminals is expected to provide prevention to other people and the general public from committing crimes.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72683247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said as one of the Polres that consistently eradicates Gambling indiscriminately. Kudus Police and Efforts: Obstacles originating from the community/outside the police. Obstacles that come from within the police.
{"title":"The implementing the Role of the Police in Preventing Gambling Crimes","authors":"Beny Fajar Sanjaya, Amin Purnawan, Aryani Witasari","doi":"10.30659/ldj.4.3.389-395","DOIUrl":"https://doi.org/10.30659/ldj.4.3.389-395","url":null,"abstract":"The objectives to be achieved in this study are to find out the factors causing the rampant gambling in the Kudus region, to determine the implementation of the role of the Kudus Resort Police in preventing gambling crimes and to find out what obstacles and solutions are in implementing the role of the Kudus Resort Police in preventing gambling crimes? The research method used in this study is a juridical-sociological approach. The data analysis method used in this study is qualitative analysis, which is a way of analyzing research results that produces analytical descriptive data. The conclusions in this study are the factors that cause the rampant gambling in the Kudus area: They, especially the small and poor people, feel uncertain about the future, and are not sure that with reasonable business results they can get balanced results They feel they do not get protection and The role of the Police in Combating Gambling in Kudus is extraordinary, so that the Kudus Polres can be said as one of the Polres that consistently eradicates Gambling indiscriminately. Kudus Police and Efforts: Obstacles originating from the community/outside the police. Obstacles that come from within the police.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"218 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75615523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/ldj.4.3.381-388
Risqi Akbar, S. Kusriyah, Achmad Sulchan
The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.
{"title":"The Implementation of Restorative Justice Approach through Restorative Justice Handling in Criminal Acts of Fraud & Embedding","authors":"Risqi Akbar, S. Kusriyah, Achmad Sulchan","doi":"10.30659/ldj.4.3.381-388","DOIUrl":"https://doi.org/10.30659/ldj.4.3.381-388","url":null,"abstract":"The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90317929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/ldj.4.3.373-380
H. Wahyudi, Umar Ma’ruf, R. S. Sugiharto
One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.
{"title":"The Efforts to Implement Diversion to Realize Restorative Justice for Children in Conflict with the Law in the Juvenile Criminal Justice System","authors":"H. Wahyudi, Umar Ma’ruf, R. S. Sugiharto","doi":"10.30659/ldj.4.3.373-380","DOIUrl":"https://doi.org/10.30659/ldj.4.3.373-380","url":null,"abstract":"One form of legal protection for children is to realize the fulfillment of the rights and obligations of the child itself. Especially for children in conflict with the law, their problem solving process requires special attention. This study aims to analyze the application of diversion in restorative justice for children who are in conflict with the law in the juvenile criminal justice system. The type of research conducted is descriptive research with the type of normative legal research related to the application of diversion in restorative justice in the criminal justice system. The results showed that the application of diversion in restorative justice in the system of applying diversion to children in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and the victim or his family, but a form of punishment for children in conflict with the law in an informal way. The recommendation in this study is that law enforcement officers in carrying out their duties of investigating, prosecuting, examining and determining case decisions at court trials should prioritize the application of diversion as an alternative to the application of imprisonment. Massive socialization of diversion is needed to the community.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"167 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75976580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this research is to find out how is the Independence of the Criminal Justice System by the law enforcement sub-system and how is the Reconstruction of the Independence of the Criminal Justice System. This research approach uses normative juridical. Based on the research, it is concluded that the independence of the National Police mainly lies in the implementation of "police discretion", which unfortunately has not been adequately accommodated in the provisions of the applicable laws and regulations. This resulted in the face of the Police solely as an organization whose main task is to protect and serve the community. Meanwhile, the performance of the National Police as an effective, efficient, fast and measurable crime eradication organization has not been accommodated in the existing police regulations.
{"title":"The Reality of the Criminal Justice System in Independence of Law Enforcement Based on Pancasila Law System","authors":"Lindu Aji Saputro, Siti Rodhiyah Dwi Istinah, Siti Ummu Adillah","doi":"10.30659/ldj.4.3.364-372","DOIUrl":"https://doi.org/10.30659/ldj.4.3.364-372","url":null,"abstract":"The purpose of this research is to find out how is the Independence of the Criminal Justice System by the law enforcement sub-system and how is the Reconstruction of the Independence of the Criminal Justice System. This research approach uses normative juridical. Based on the research, it is concluded that the independence of the National Police mainly lies in the implementation of \"police discretion\", which unfortunately has not been adequately accommodated in the provisions of the applicable laws and regulations. This resulted in the face of the Police solely as an organization whose main task is to protect and serve the community. Meanwhile, the performance of the National Police as an effective, efficient, fast and measurable crime eradication organization has not been accommodated in the existing police regulations.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86690827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/ldj.4.3.347-354
Cahyo Dwi Prakosa, Umar Ma’ruf, Achmad Sulchan
The purpose of this research is to find out and analyze the law enforcement against traffic accidents by the police in the jurisdiction of the Batang Resort Police. To know and analyze the factors that hinder the settlement of traffic accident casesin the jurisdiction of the Batang Resort Police. To know and analyze the law enforcement policies by the police to handle traffic accidents in the jurisdiction of the Batang Resort Police. This study uses a sociological juridical approach, with a descriptive analytical research specification. The data used in this study are secondary data obtained from literature study. The data were analyzed in a qualitative juridical manner. The results of this study are Law Enforcement Against Traffic Accidents by the Police is law enforcement can be done penal and non-penal. Law enforcement efforts through the penal route focus more on the repressive nature (oppression/eradication/suppression) after the crime has occurred, while the non-penal route focuses more on the preventive nature (enforcement/deterrence/control) before the crime occurs. Basically law enforcement is the implementation of criminal policy (criminal policy) by using criminal policies carried out through the mechanism of the criminal justice system (criminal justice system).The factors that hinder the settlement of traffic accident cases are: Summoning or Presenting a Witness and Factors Lack of Legal Knowledge. Policies for Law Enforcement by the Police for Handling Traffic Accidents are by conducting blue patrols at violator-prone hours on the road, conducting cross patrols, socialization (security, safety, traffic order to road users), and installing banners at traffic accident-prone points.
{"title":"The Law Enforcement Policy On Traffic Accident By Police","authors":"Cahyo Dwi Prakosa, Umar Ma’ruf, Achmad Sulchan","doi":"10.30659/ldj.4.3.347-354","DOIUrl":"https://doi.org/10.30659/ldj.4.3.347-354","url":null,"abstract":"The purpose of this research is to find out and analyze the law enforcement against traffic accidents by the police in the jurisdiction of the Batang Resort Police. To know and analyze the factors that hinder the settlement of traffic accident casesin the jurisdiction of the Batang Resort Police. To know and analyze the law enforcement policies by the police to handle traffic accidents in the jurisdiction of the Batang Resort Police. This study uses a sociological juridical approach, with a descriptive analytical research specification. The data used in this study are secondary data obtained from literature study. The data were analyzed in a qualitative juridical manner. The results of this study are Law Enforcement Against Traffic Accidents by the Police is law enforcement can be done penal and non-penal. Law enforcement efforts through the penal route focus more on the repressive nature (oppression/eradication/suppression) after the crime has occurred, while the non-penal route focuses more on the preventive nature (enforcement/deterrence/control) before the crime occurs. Basically law enforcement is the implementation of criminal policy (criminal policy) by using criminal policies carried out through the mechanism of the criminal justice system (criminal justice system).The factors that hinder the settlement of traffic accident cases are: Summoning or Presenting a Witness and Factors Lack of Legal Knowledge. Policies for Law Enforcement by the Police for Handling Traffic Accidents are by conducting blue patrols at violator-prone hours on the road, conducting cross patrols, socialization (security, safety, traffic order to road users), and installing banners at traffic accident-prone points.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84227413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-16DOI: 10.30659/ldj.4.3.355-363
Novitasari Novitasari, Sri Endah Wanyuningsih, Aryani Witasari
The purpose of this study is to examine and analyze the legal protection of victims of sexual intercourse in the criminal justice process against residents who experience mild mental retardation. The approach method used is empirical juridical lemphasizes obtaining legal knowledge empirically by going directly to the object with the theory of intentionality and will towards the problem under study. The results of the study that the application of legal protection for victims of the crime of sexual intercourse in the criminal justice process for victims of crime, especially victims of mild mental retardation/intellectual disability, to get protection in the form of granting victims' rights. The existence of compensation in the form of compensation, restitution and rehabilitation provided by the perpetrator to the victim considering the impact caused by the perpetrator's actions, physical, social, and psychological impacts. Although the defendant was sentenced to imprisonment for 7 (seven) years and 6 (six) months. The sentence handed down to the perpetrator is not commensurate with the suffering experienced by the victim.
{"title":"The Legal Protection of Victims on Criminal Acts of Agreement in Criminal Jurisdiction Process","authors":"Novitasari Novitasari, Sri Endah Wanyuningsih, Aryani Witasari","doi":"10.30659/ldj.4.3.355-363","DOIUrl":"https://doi.org/10.30659/ldj.4.3.355-363","url":null,"abstract":"The purpose of this study is to examine and analyze the legal protection of victims of sexual intercourse in the criminal justice process against residents who experience mild mental retardation. The approach method used is empirical juridical lemphasizes obtaining legal knowledge empirically by going directly to the object with the theory of intentionality and will towards the problem under study. The results of the study that the application of legal protection for victims of the crime of sexual intercourse in the criminal justice process for victims of crime, especially victims of mild mental retardation/intellectual disability, to get protection in the form of granting victims' rights. The existence of compensation in the form of compensation, restitution and rehabilitation provided by the perpetrator to the victim considering the impact caused by the perpetrator's actions, physical, social, and psychological impacts. Although the defendant was sentenced to imprisonment for 7 (seven) years and 6 (six) months. The sentence handed down to the perpetrator is not commensurate with the suffering experienced by the victim.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91132729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}