Pub Date : 2022-05-13DOI: 10.30659/ldj.4.1.162-169
Ahmad Ali Ustadi, Amin Purnawan, Siti Ummu Adillah
The purpose of this research is to find out and analyze the implementation of restorative justice in handling cases of beatings. To find out and analyze the obstacles that arise in the implementation of restorative justice in handling cases of criminal acts of beatings and their solutions. The method used was a juridical empirical legal approach and the specifications in this study were descriptive analytical. The sources and types of data in this study were secondary data obtained from library studies. The data were analyzed qualitatively. Based on the results of the research that the Implementation of Restorative Justice in Handling Cases of the Crime of Beating is repairing social damage caused by perpetrators, developing remedies for victims and the community, and returning perpetrators to society. This effort requires the cooperation of all parties and law enforcement officials. Obstacles that arise: Lack of community or environmental participation in finding a solution to a case so that they immediately report it to the police; The case handled by the police has been sent SPDP (Notice of Commencement of Investigation) to the District Attorney. The existence of a third party interest in resolving a case at the investigation level, Efforts to overcome Emerging Constraints: Entering cases that have been resolved by the community into the media with twisted words or asking the police leadership (Kapolda, Kapolres) either through the media as well as letters or communication tools.
{"title":"An Implementation of Restorative Justice in Handling Cases of the Beatings Crime","authors":"Ahmad Ali Ustadi, Amin Purnawan, Siti Ummu Adillah","doi":"10.30659/ldj.4.1.162-169","DOIUrl":"https://doi.org/10.30659/ldj.4.1.162-169","url":null,"abstract":"The purpose of this research is to find out and analyze the implementation of restorative justice in handling cases of beatings. To find out and analyze the obstacles that arise in the implementation of restorative justice in handling cases of criminal acts of beatings and their solutions. The method used was a juridical empirical legal approach and the specifications in this study were descriptive analytical. The sources and types of data in this study were secondary data obtained from library studies. The data were analyzed qualitatively. Based on the results of the research that the Implementation of Restorative Justice in Handling Cases of the Crime of Beating is repairing social damage caused by perpetrators, developing remedies for victims and the community, and returning perpetrators to society. This effort requires the cooperation of all parties and law enforcement officials. Obstacles that arise: Lack of community or environmental participation in finding a solution to a case so that they immediately report it to the police; The case handled by the police has been sent SPDP (Notice of Commencement of Investigation) to the District Attorney. The existence of a third party interest in resolving a case at the investigation level, Efforts to overcome Emerging Constraints: Entering cases that have been resolved by the community into the media with twisted words or asking the police leadership (Kapolda, Kapolres) either through the media as well as letters or communication tools.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"80 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77396012","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}
Muhammad Mahson, S. Kusriyah, Rakhmat Bowo Suharto
This study was structured to determine the settlement of cases of domestic violence in the city of Pekalongan. This aims to determine the approach to mediation outside the court in the settlement of domestic violence as an alternative. It also analyzes the obstacles in solving cases and their solutions. Method The approach in this study is a qualitative research that produces descriptive data in the form of written or spoken words from people and observable behavior. The specification of this research is descriptive qualitative which analyzes and presents facts systematically to determine the psychological condition of women and children victims of domestic violence. This study concludes that domestic violence in the city of Pekalongan is more experienced by women who are a wife, while the perpetrators are dominated by men who are husbands. Settlement according to state law regulated in the Law on the Elimination of Domestic Violence, it is necessary to find an alternative solution. The settlement through out-of-court mediation with the Pekalongan City Women, Children and Youth Protection Institute (LP PAR) as a companion is an alternative solution as an effort to restore good name, and dignity, especially for women as victims.
{"title":"Handling Domestic Violence Through Mediation Out of Court","authors":"Muhammad Mahson, S. Kusriyah, Rakhmat Bowo Suharto","doi":"10.30659/ldj.4.1.99-107","DOIUrl":"https://doi.org/10.30659/ldj.4.1.99-107","url":null,"abstract":"This study was structured to determine the settlement of cases of domestic violence in the city of Pekalongan. This aims to determine the approach to mediation outside the court in the settlement of domestic violence as an alternative. It also analyzes the obstacles in solving cases and their solutions. Method The approach in this study is a qualitative research that produces descriptive data in the form of written or spoken words from people and observable behavior. The specification of this research is descriptive qualitative which analyzes and presents facts systematically to determine the psychological condition of women and children victims of domestic violence. This study concludes that domestic violence in the city of Pekalongan is more experienced by women who are a wife, while the perpetrators are dominated by men who are husbands. Settlement according to state law regulated in the Law on the Elimination of Domestic Violence, it is necessary to find an alternative solution. The settlement through out-of-court mediation with the Pekalongan City Women, Children and Youth Protection Institute (LP PAR) as a companion is an alternative solution as an effort to restore good name, and dignity, especially for women as victims.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82706674","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 : 2022-05-13DOI: 10.30659/ldj.4.1.116-123
Muhammat Teguh Safi'i, Jawade Hafidz, M. Maryanto
The purpose of this research is to analyze the police authority policy in the implementation of rehabilitation measures against narcotics users in the current positive law and to analyze the narcotics authority policy in the future positive law. This study used a sociological juridical approach, with a qualitative descriptive research method. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that 1) Law enforcement of rehabilitation sanctions against narcotics users currently begins when the police conduct investigations and investigations by looking at the criminal provisions of Article 127 paragraphs (2) and (3) so that there is consistency in paying attention to the Articles that regulate the provisions so that Later the addicts and victims of narcotics abusers can be rehabilitated both in rehabilitation and no longer sentenced to prison or imprisonment because the rehabilitation is counted as a period of serving the sentence. 2) In the future positive law formulation, is needed that is built on an integrated and harmonious investigation coordination and supervision system but does not have multiple interpretations so that there is no overlapping investigative authority caused by the arrangements and legislation formulations in positive legal provisions such as the current and current cases. Narcotics abuse can not be handled appropriately.
{"title":"The Policy Authority of Police in Implementing Rehabilitation Actions ont Narcotics Users","authors":"Muhammat Teguh Safi'i, Jawade Hafidz, M. Maryanto","doi":"10.30659/ldj.4.1.116-123","DOIUrl":"https://doi.org/10.30659/ldj.4.1.116-123","url":null,"abstract":"The purpose of this research is to analyze the police authority policy in the implementation of rehabilitation measures against narcotics users in the current positive law and to analyze the narcotics authority policy in the future positive law. This study used a sociological juridical approach, with a qualitative descriptive research method. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that 1) Law enforcement of rehabilitation sanctions against narcotics users currently begins when the police conduct investigations and investigations by looking at the criminal provisions of Article 127 paragraphs (2) and (3) so that there is consistency in paying attention to the Articles that regulate the provisions so that Later the addicts and victims of narcotics abusers can be rehabilitated both in rehabilitation and no longer sentenced to prison or imprisonment because the rehabilitation is counted as a period of serving the sentence. 2) In the future positive law formulation, is needed that is built on an integrated and harmonious investigation coordination and supervision system but does not have multiple interpretations so that there is no overlapping investigative authority caused by the arrangements and legislation formulations in positive legal provisions such as the current and current cases. Narcotics abuse can not be handled appropriately.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"2004 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82952463","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 study is to determine and analyze the application of the law on child abuse that causes death with child perpetrators. The approach method used in this research is sociological juridical, emphasizing research that aims to obtain legal knowledge empirically by going directly to the object. Violence committed by minors resulting in the loss of a person's life must be enforced by law in accordance with its handling. The disappearance of life for the purpose of a crime, whether intentional or unintentional, cannot be justified by law. Law enforcement is a form of effort in creating justice for perpetrators and victims. The results of the study did not find anything that could eliminate criminal liability, either as a justification or excuse for forgiveness, so the child must be held accountable for his actions by being sentenced to imprisonment for 3 (three) years and 6 (six) months at the Child Special Guidance Institution (LPKA). Class I Kutoarjo.
{"title":"The Implementation of Child Violence Law which Caused the Fatal Death","authors":"Teguh Ariawan, Siti Rodhiyah Dwi Istinah, Denny Suwondo","doi":"10.30659/ldj.4.1.154-161","DOIUrl":"https://doi.org/10.30659/ldj.4.1.154-161","url":null,"abstract":"The purpose of this study is to determine and analyze the application of the law on child abuse that causes death with child perpetrators. The approach method used in this research is sociological juridical, emphasizing research that aims to obtain legal knowledge empirically by going directly to the object. Violence committed by minors resulting in the loss of a person's life must be enforced by law in accordance with its handling. The disappearance of life for the purpose of a crime, whether intentional or unintentional, cannot be justified by law. Law enforcement is a form of effort in creating justice for perpetrators and victims. The results of the study did not find anything that could eliminate criminal liability, either as a justification or excuse for forgiveness, so the child must be held accountable for his actions by being sentenced to imprisonment for 3 (three) years and 6 (six) months at the Child Special Guidance Institution (LPKA). Class I Kutoarjo.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90113736","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 : 2022-05-13DOI: 10.30659/ldj.4.1.108-115
Rizki Andika Putra, Aryani Witasari, Deny Suwondo
The aim of this research is to find out and analyze the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze the obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze efforts to overcome obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the Process of Investigating False Reports by Criminal Investigation Unit Investigators to the Prosecutor's Office is an investigator who submits a case file or the result of the report turns out to be false to the prosecutor's office, the prosecutor can return the case file or the results of the report to the investigator with instructions or directions from the prosecutor. Its office with coordination or cooperation between the police and the prosecutor's office. The resistance is the investigation of a criminal act of a false report takes a long time: in handling a criminal act of a false report by a defendant, it cannot be processed further if it only relies on information/confessions from the suspect, and if the case related to the crime of a false report has not been revealed or proven. Proving is difficult, it is difficult to prove the case in the investigation because in fact this case does not exist so that investigators must be more observant and patient in every collection of evidence. The solution is intensify every report or input from everyone about everything related to the problem of the crime of the false report. Increased awareness of new modes of crime.
{"title":"Process of Investigation onCriminal Actions of Fake Reports by the Reserse & Criminal Unit Investigators to Prosecutor","authors":"Rizki Andika Putra, Aryani Witasari, Deny Suwondo","doi":"10.30659/ldj.4.1.108-115","DOIUrl":"https://doi.org/10.30659/ldj.4.1.108-115","url":null,"abstract":"The aim of this research is to find out and analyze the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze the obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze efforts to overcome obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the Process of Investigating False Reports by Criminal Investigation Unit Investigators to the Prosecutor's Office is an investigator who submits a case file or the result of the report turns out to be false to the prosecutor's office, the prosecutor can return the case file or the results of the report to the investigator with instructions or directions from the prosecutor. Its office with coordination or cooperation between the police and the prosecutor's office. The resistance is the investigation of a criminal act of a false report takes a long time: in handling a criminal act of a false report by a defendant, it cannot be processed further if it only relies on information/confessions from the suspect, and if the case related to the crime of a false report has not been revealed or proven. Proving is difficult, it is difficult to prove the case in the investigation because in fact this case does not exist so that investigators must be more observant and patient in every collection of evidence. The solution is intensify every report or input from everyone about everything related to the problem of the crime of the false report. Increased awareness of new modes of crime.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"104 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87723966","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 : 2022-05-13DOI: 10.30659/ldj.4.1.133-141
Tony Andri Dwi Ermawan, I. Maerani, Achmad Sulchan
The purpose of this study is to find out and analyze the implementation of the implementation of the double track system model against narcotics abusers. To find out and analyze the obstacles and solutions to implementing the double track system model for narcotics abusers. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study were the application of the double track system model of law against perpetrators of narcotics abuse in the form of applying the law to serve a sentence in prison, while the sanctions for actions given to narcotics addicts as victims are in the form of treatment and/or treatment organized in the form of rehabilitation facilities. The implementation system is that the period of treatment and/or treatment is counted as a period of serving a sentence. Barriers to the Implementation of the Double Track System Model on Narcotics Abuse Perpetrators are the existence of different rules that can be applied to the same act, namely narcotics abuse; inadequate infrastructure; rehabilitation institutions for narcotics abuse and narcotics victims are still very limited.
{"title":"Application of Double Track System Model Against Applicants of Narcotics Abus","authors":"Tony Andri Dwi Ermawan, I. Maerani, Achmad Sulchan","doi":"10.30659/ldj.4.1.133-141","DOIUrl":"https://doi.org/10.30659/ldj.4.1.133-141","url":null,"abstract":"The purpose of this study is to find out and analyze the implementation of the implementation of the double track system model against narcotics abusers. To find out and analyze the obstacles and solutions to implementing the double track system model for narcotics abusers. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study were the application of the double track system model of law against perpetrators of narcotics abuse in the form of applying the law to serve a sentence in prison, while the sanctions for actions given to narcotics addicts as victims are in the form of treatment and/or treatment organized in the form of rehabilitation facilities. The implementation system is that the period of treatment and/or treatment is counted as a period of serving a sentence. Barriers to the Implementation of the Double Track System Model on Narcotics Abuse Perpetrators are the existence of different rules that can be applied to the same act, namely narcotics abuse; inadequate infrastructure; rehabilitation institutions for narcotics abuse and narcotics victims are still very limited.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85814953","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 : 2022-05-13DOI: 10.30659/ldj.4.1.124-132
Arigonnanta Bagus Wicaksono, Bambang Tri Bawono, Jawade Hafidz
The aims of this research are: To find out and analyze the law enforcement of the crime of embezzlement in office. To find out and analyze the factors causing the occurrence of criminal acts of embezzlement in office. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study. The method of data collection is obtained from literature study, then analyzed qualitatively. The result of this research is that the law enforcement of the crime of embezzlement in office is carried out through a penal approach, namely by means of legal remedies. Legal efforts with the penal route focus on repressive actions, namely eradication and crackdown actions to overcome the problem of criminal acts of embezzlement. Legal policies in the effort to enforce criminal law against criminal acts of embezzlement are included in social policies, namely policies or rational efforts in order to achieve public welfare.
{"title":"The Criminal Law Enforcement on the Criminal Act of Employment","authors":"Arigonnanta Bagus Wicaksono, Bambang Tri Bawono, Jawade Hafidz","doi":"10.30659/ldj.4.1.124-132","DOIUrl":"https://doi.org/10.30659/ldj.4.1.124-132","url":null,"abstract":"The aims of this research are: To find out and analyze the law enforcement of the crime of embezzlement in office. To find out and analyze the factors causing the occurrence of criminal acts of embezzlement in office. This study uses an empirical juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study. The method of data collection is obtained from literature study, then analyzed qualitatively. The result of this research is that the law enforcement of the crime of embezzlement in office is carried out through a penal approach, namely by means of legal remedies. Legal efforts with the penal route focus on repressive actions, namely eradication and crackdown actions to overcome the problem of criminal acts of embezzlement. Legal policies in the effort to enforce criminal law against criminal acts of embezzlement are included in social policies, namely policies or rational efforts in order to achieve public welfare. ","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82096868","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 : 2022-05-13DOI: 10.30659/ldj.4.1.170-181
Yudi Alvisahrin, E. Soponyono, Umar Ma’ruf
This study aims to examine in depth the criminal law policy regarding the death penalty in the renewal of Indonesian criminal law. This research was expected to contribute ideas in the realm of literature in the field of Islamic law as well as input for observers and law enforcers to determine policies related to the death penalty law. To achieve this goal, this research was conducted by observing events or facts deemed relevant to the research, by collecting primary data and secondary data through a juridical-normative approach with qualitative analysis methods. The study with this theme can be concluded that the choice or stipulation of the death penalty as a means to tackle crime is essentially a policy choice. The concept of the draft Criminal Code issues the death penalty from the main criminal system and lists it as a special principal crime or as an exception (special) punishment. These laws are made to maintain the balance of human life in order to create harmony and order.
{"title":"The Criminal Law Policy Regarding the Death Penalty in Renewing of Indonesian Criminal Law","authors":"Yudi Alvisahrin, E. Soponyono, Umar Ma’ruf","doi":"10.30659/ldj.4.1.170-181","DOIUrl":"https://doi.org/10.30659/ldj.4.1.170-181","url":null,"abstract":"This study aims to examine in depth the criminal law policy regarding the death penalty in the renewal of Indonesian criminal law. This research was expected to contribute ideas in the realm of literature in the field of Islamic law as well as input for observers and law enforcers to determine policies related to the death penalty law. To achieve this goal, this research was conducted by observing events or facts deemed relevant to the research, by collecting primary data and secondary data through a juridical-normative approach with qualitative analysis methods. The study with this theme can be concluded that the choice or stipulation of the death penalty as a means to tackle crime is essentially a policy choice. The concept of the draft Criminal Code issues the death penalty from the main criminal system and lists it as a special principal crime or as an exception (special) punishment. These laws are made to maintain the balance of human life in order to create harmony and order.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90068066","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 : 2022-05-13DOI: 10.30659/ldj.4.1.142-153
Darmawanta Sembiring, S. Kusriyah, Peni Rinda Listyawati
The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).
{"title":"The Termination of Middle Criminal Prosecutions based on Restorative Justice","authors":"Darmawanta Sembiring, S. Kusriyah, Peni Rinda Listyawati","doi":"10.30659/ldj.4.1.142-153","DOIUrl":"https://doi.org/10.30659/ldj.4.1.142-153","url":null,"abstract":"The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"125 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79967972","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}
This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.
{"title":"The Law Enforcement in Judges' Decisions based on Progressive Law","authors":"E. Hartoyo, Widayati Widayati, I. Maerani","doi":"10.30659/ldj.4.1.83-91","DOIUrl":"https://doi.org/10.30659/ldj.4.1.83-91","url":null,"abstract":"This study aims to identify and examine law enforcement in judges' decisions based on progressive law. This study uses a normative juridical approach with descriptive analysis. The data used was secondary data obtained through literature study, which was then analyzed qualitatively. Based on the research, it is concluded that law enforcement in fair judge decisions is based on progressive law, namely in making decisions, judges adhere to their conscience. Progressive law is very important to be presented as a philosophical and theoretical basis for judges in handling cases in court. Judges have the freedom of logic to find and create laws that are in accordance with the community's sense of justice, because the law is for humans, not the other way around. The discovery of law in the context of making decisions, is not merely legalistic, does not only fulfill legal formalities or just maintains order, has a vision of foresight (visionary) who has the moral courage to make legal breakthroughs, and takes sides and is sensitive to fate and the state of the nation and state.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"106 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91001098","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}
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