Pub Date : 2021-12-31DOI: 10.30659/ldj.3.4.767-773
Nurul Khotimatul Khusniyah, Widayati Widayati
This study aims to identify and analyze the acknowledgment of signatures on an electronic document in the evidence of civil procedural law in Indonesia, and to find out and analyze the implementation of civil dispute resolution submitted by the parties by means of electronic documents signed with digital signatures. The method used in this research is to use an empirical juridical approach. Electronic documents, in this case digital signatures, can be used as evidence in court, which is an extension of the evidentiary law in Indonesia after the ITE Law, but only has the power of proof as an underhand deed not as an authentic deed. In the process of settling a lawsuit for civil proceedings through litigation media, it is carried out amicably first by means of a peace made by the party concerned without the assistance of an authorized official. Efforts to settle through non-litigation media can be carried out in three ways, including arbitration, negotiation, and mediation.
{"title":"Implementation of Signature Validity On Electronic Documents in Proof Indonesian Civil Procedure Law","authors":"Nurul Khotimatul Khusniyah, Widayati Widayati","doi":"10.30659/ldj.3.4.767-773","DOIUrl":"https://doi.org/10.30659/ldj.3.4.767-773","url":null,"abstract":"This study aims to identify and analyze the acknowledgment of signatures on an electronic document in the evidence of civil procedural law in Indonesia, and to find out and analyze the implementation of civil dispute resolution submitted by the parties by means of electronic documents signed with digital signatures. The method used in this research is to use an empirical juridical approach. Electronic documents, in this case digital signatures, can be used as evidence in court, which is an extension of the evidentiary law in Indonesia after the ITE Law, but only has the power of proof as an underhand deed not as an authentic deed. In the process of settling a lawsuit for civil proceedings through litigation media, it is carried out amicably first by means of a peace made by the party concerned without the assistance of an authorized official. Efforts to settle through non-litigation media can be carried out in three ways, including arbitration, negotiation, and mediation.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75850883","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 : 2021-12-31DOI: 10.30659/ldj.3.4.834-843
I. Setiyowati
The constitution guarantees the rights and obligations of the Indonesian people, one of which is religious harmony, the conflicts that have occurred to the present day encourage the Government to create higher and binding regulations and have permanent legal force. The purpose of this paper is to find out about legal politics, efforts to create an orderly and harmonious relationship between religious communities and legal politics contained in the Draft Law on Religious Harmony. In this study the researcher used a normative juridical research method, which in this study the researcher took a literature study. Legal politics is a state policy (policy) through state agencies authorized to set the desired regulations. Efforts to create orderly and harmonious relations between religious communities need to pay attention to socio-cultural factors and legal factors. Then, politics in the draft Law on Religious Harmony, namely the purpose of organizing in Religious Harmony, it is necessary to have the rights and obligations of each individual in religion, then to maintain the harmony of religious life it is necessary to have rules that regulate activities that support religious harmony. The activities in question are; Commemoration of holidays, Spreading religion, Funeral of corpses, and Establishment of synagogues.
{"title":"The Urgency of Legal Politics in the Draft Law on Religious Harmony","authors":"I. Setiyowati","doi":"10.30659/ldj.3.4.834-843","DOIUrl":"https://doi.org/10.30659/ldj.3.4.834-843","url":null,"abstract":"The constitution guarantees the rights and obligations of the Indonesian people, one of which is religious harmony, the conflicts that have occurred to the present day encourage the Government to create higher and binding regulations and have permanent legal force. The purpose of this paper is to find out about legal politics, efforts to create an orderly and harmonious relationship between religious communities and legal politics contained in the Draft Law on Religious Harmony. In this study the researcher used a normative juridical research method, which in this study the researcher took a literature study. Legal politics is a state policy (policy) through state agencies authorized to set the desired regulations. Efforts to create orderly and harmonious relations between religious communities need to pay attention to socio-cultural factors and legal factors. Then, politics in the draft Law on Religious Harmony, namely the purpose of organizing in Religious Harmony, it is necessary to have the rights and obligations of each individual in religion, then to maintain the harmony of religious life it is necessary to have rules that regulate activities that support religious harmony. The activities in question are; Commemoration of holidays, Spreading religion, Funeral of corpses, and Establishment of synagogues.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"75 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85777598","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 : 2021-12-31DOI: 10.30659/ldj.3.4.852-862
Okky Prastyo Ajie, Arpangi Arpangi
This study aims to analyze the previous ijtihad fuqaha towards the designation of waqf land was aimed at the benefit of the people in accordance with the social conditions at that time. Likewise, the ijtihad of Indonesian scholars towards the development of waqf objects is for the benefit of mankind which is adapted to the needs and social settings at this time. Because basically the law is the articulation of human thought and activity in his life. Legislation is the main way of creating laws. Regulations is the main joint of the national legal system in Indonesia. The research method used by the author is normative juridical research. This scientific method approach is used to find the truth based on the theory of normative legal experts. In addition, legislation is a very effective instrument in law reform because of its binding and coercive legal force. Legal politics has a very important role in the formation of laws and regulations and Indonesian national law, considering that legal politics is used as a basic guide in the process of determining values, establishing and developing national law in Indonesia. Waqf as an institution derived from Islamic law plays an important role in the religious and social life of Muslims. In conclusion, the waqf legal regulations that are applied to Indonesian Muslims today can be found in book III of the Compilation of Islamic Law (KHI) and Act No. 41 of 2004 concerning Waqf.
{"title":"The Waqf Legal Politics in Law Reform Perspective","authors":"Okky Prastyo Ajie, Arpangi Arpangi","doi":"10.30659/ldj.3.4.852-862","DOIUrl":"https://doi.org/10.30659/ldj.3.4.852-862","url":null,"abstract":"This study aims to analyze the previous ijtihad fuqaha towards the designation of waqf land was aimed at the benefit of the people in accordance with the social conditions at that time. Likewise, the ijtihad of Indonesian scholars towards the development of waqf objects is for the benefit of mankind which is adapted to the needs and social settings at this time. Because basically the law is the articulation of human thought and activity in his life. Legislation is the main way of creating laws. Regulations is the main joint of the national legal system in Indonesia. The research method used by the author is normative juridical research. This scientific method approach is used to find the truth based on the theory of normative legal experts. In addition, legislation is a very effective instrument in law reform because of its binding and coercive legal force. Legal politics has a very important role in the formation of laws and regulations and Indonesian national law, considering that legal politics is used as a basic guide in the process of determining values, establishing and developing national law in Indonesia. Waqf as an institution derived from Islamic law plays an important role in the religious and social life of Muslims. In conclusion, the waqf legal regulations that are applied to Indonesian Muslims today can be found in book III of the Compilation of Islamic Law (KHI) and Act No. 41 of 2004 concerning Waqf.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91334065","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 : 2021-12-31DOI: 10.30659/ldj.3.4.819-826
Ferry Andriawan, I. Maerani, Achmad Sulchan
The purpose of this study is to find out the process of investigating narcotics criminals at the Pekalongan Police and to find out the obstacles and solutions faced in the process of investigating narcotics criminals at the Pekalongan Police. The type of research used in this research is normative empirical, which begins deductively with an analysis of the articles in the relevant laws and regulations. The problems examined in this study revolve around legislation and relate to their application in practice. Research results Pekalongan Resort Police The process of carrying out investigations against narcotics perpetrators is in accordance with the provisions of the Criminal Procedure Code, the obstacles are the network of narcotics abuse crimes which are easily broken in the chain, transportation facilities for investigators of the Pekalongan Police Narcotics Unit are felt to be a bit hampering, and solutions with pre-emptive efforts (coaching) and Preventive (prevention).
{"title":"The Process Of Investigation Against The Criminal Action Of Narcotics","authors":"Ferry Andriawan, I. Maerani, Achmad Sulchan","doi":"10.30659/ldj.3.4.819-826","DOIUrl":"https://doi.org/10.30659/ldj.3.4.819-826","url":null,"abstract":"The purpose of this study is to find out the process of investigating narcotics criminals at the Pekalongan Police and to find out the obstacles and solutions faced in the process of investigating narcotics criminals at the Pekalongan Police. The type of research used in this research is normative empirical, which begins deductively with an analysis of the articles in the relevant laws and regulations. The problems examined in this study revolve around legislation and relate to their application in practice. Research results Pekalongan Resort Police The process of carrying out investigations against narcotics perpetrators is in accordance with the provisions of the Criminal Procedure Code, the obstacles are the network of narcotics abuse crimes which are easily broken in the chain, transportation facilities for investigators of the Pekalongan Police Narcotics Unit are felt to be a bit hampering, and solutions with pre-emptive efforts (coaching) and Preventive (prevention).","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77508668","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 : 2021-12-31DOI: 10.30659/ldj.3.4.790-798
Mei Ristikowati, Lathifah Hanim
This study aims to examine and analyze the application of criminal sanctions against perpetrators of narcotics crimes and judges' considerations in the application of sanctions to perpetrators of narcotics crimes in the Batang District Court. The research method used is a Sociological Juridical Approach. Based on the results of the research on the application of criminal sanctions against perpetrators of narcotics crimes, starting from the indictment of the public prosecutor, who charged him with the Subsidarity charge, namely Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics. The basis for the examination in court is the Indictment of the Public Prosecutor, then the Panel of Judges conducts an examination of the indictment, in order to prove whether the Defendant has committed the crime as stated in the Article charged by the public prosecutor, whether the description of the defendant's actions is correct, which will be proven based on the applicable legislation. Considering the panel of judges in their decision, the panel of judges in their examination uses the theory of proof and punishment, where in the Aquo case the panel of judges will prove the elements contained in Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics as stated in the indictment of the public prosecutor, then examine the statements of witnesses, associated with the statements of the defendant and documentary evidence so that the facts of the trial will be obtained and evidence will be obtained which are mutually compatible and mutually reinforcing, from the results the research according to the authors of the panel of judges in court examinations has been based on the theory of evidence and the theory of punishment.
{"title":"The Implementation of Criminal Sanctions on Criminal Acts of Narcotics","authors":"Mei Ristikowati, Lathifah Hanim","doi":"10.30659/ldj.3.4.790-798","DOIUrl":"https://doi.org/10.30659/ldj.3.4.790-798","url":null,"abstract":"This study aims to examine and analyze the application of criminal sanctions against perpetrators of narcotics crimes and judges' considerations in the application of sanctions to perpetrators of narcotics crimes in the Batang District Court. The research method used is a Sociological Juridical Approach. Based on the results of the research on the application of criminal sanctions against perpetrators of narcotics crimes, starting from the indictment of the public prosecutor, who charged him with the Subsidarity charge, namely Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics. The basis for the examination in court is the Indictment of the Public Prosecutor, then the Panel of Judges conducts an examination of the indictment, in order to prove whether the Defendant has committed the crime as stated in the Article charged by the public prosecutor, whether the description of the defendant's actions is correct, which will be proven based on the applicable legislation. Considering the panel of judges in their decision, the panel of judges in their examination uses the theory of proof and punishment, where in the Aquo case the panel of judges will prove the elements contained in Article 114 paragraph (1), Article 112 (1) and Article 127 of Act No. 35 of 2009 concerning Narcotics as stated in the indictment of the public prosecutor, then examine the statements of witnesses, associated with the statements of the defendant and documentary evidence so that the facts of the trial will be obtained and evidence will be obtained which are mutually compatible and mutually reinforcing, from the results the research according to the authors of the panel of judges in court examinations has been based on the theory of evidence and the theory of punishment.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82269622","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 : 2021-12-31DOI: 10.30659/ldj.3.4.827-833
Fitriaji Wira Nursasongko
Along with the times, the economy in the current era is diverse and growing very rapidly, especially in the business world. Many business activities require cooperation from other business actors with the aim of developing business potential, businesses between these business actors are usually based on trust between parties as the main basis for building businesses that can mutually benefit each other. One of the cooperation agreements is the safekeeping of goods (consignment). In practice, the goods custody agreement (consignment) requires good cooperation and the goods sold must be of good quality in accordance with the provisions contained in the Kedungmundu Style Supermarket. This study aims to find out the procedures and implementation of the consignment agreement at the Gaya Kedungmundu Supermarket, Semarang, to find out the problems or obstacles that exist in the implementation of the consignment agreement at the Kedungmundu Supermarket Semarang in the event of a default between the two parties. The method used in this study is a sociological juridical approach, which is carried out by using an approach using the assistance of other social sciences, through this approach it means that in the study of the data it is not only guided by juridical aspects. But by looking at the reality in practice. The specification of the research conducted is descriptive analysis. This research analyzes and presents facts systematically so that it can be easier to understand and conclude. Based on this research, it can be concluded that the procedure for implementing a consignment agreement at the Gaya Kedungmundu Supermarket, Semarang, starting from filling out the stages to be able to cooperate in a consignment relationship, requires an agreement and there is no coercion from other parties according to Article 1320 of the Civil Code. in the implementation of the goods safekeeping agreement (consignment) which includes internal and external obstacles. Efforts to complete the implementation of the goods safekeeping agreement (consignment) include litigation and non-litigation, for example through legal channels and deliberation or negotiation.
{"title":"The Implementation of the Safekeeping Agreement (Consignment) In Supermarket","authors":"Fitriaji Wira Nursasongko","doi":"10.30659/ldj.3.4.827-833","DOIUrl":"https://doi.org/10.30659/ldj.3.4.827-833","url":null,"abstract":"Along with the times, the economy in the current era is diverse and growing very rapidly, especially in the business world. Many business activities require cooperation from other business actors with the aim of developing business potential, businesses between these business actors are usually based on trust between parties as the main basis for building businesses that can mutually benefit each other. One of the cooperation agreements is the safekeeping of goods (consignment). In practice, the goods custody agreement (consignment) requires good cooperation and the goods sold must be of good quality in accordance with the provisions contained in the Kedungmundu Style Supermarket. This study aims to find out the procedures and implementation of the consignment agreement at the Gaya Kedungmundu Supermarket, Semarang, to find out the problems or obstacles that exist in the implementation of the consignment agreement at the Kedungmundu Supermarket Semarang in the event of a default between the two parties. The method used in this study is a sociological juridical approach, which is carried out by using an approach using the assistance of other social sciences, through this approach it means that in the study of the data it is not only guided by juridical aspects. But by looking at the reality in practice. The specification of the research conducted is descriptive analysis. This research analyzes and presents facts systematically so that it can be easier to understand and conclude. Based on this research, it can be concluded that the procedure for implementing a consignment agreement at the Gaya Kedungmundu Supermarket, Semarang, starting from filling out the stages to be able to cooperate in a consignment relationship, requires an agreement and there is no coercion from other parties according to Article 1320 of the Civil Code. in the implementation of the goods safekeeping agreement (consignment) which includes internal and external obstacles. Efforts to complete the implementation of the goods safekeeping agreement (consignment) include litigation and non-litigation, for example through legal channels and deliberation or negotiation.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87893349","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 : 2021-12-31DOI: 10.30659/ldj.3.4.844-851
Chamidah Chamidah, Akhmad Khisni
This research aims to know the effectiveness of the regulation on the marriage age limit based on Act No. 16 of 2019. The research method used is the juridical-sociological research method, The juridical approach will discuss research using laws relating to the regulation of the marriage age limit and marriage dispensation contained in Act No. 1 of 1974, Constitution Number 16 of 2019, the Compilation of Islamic Law, and others, while a sociological approach is used to find out and analyze the judge's view of the case for a marriage dispensation application. The results of the study concluded that the regulation of the minimum age limit for women to marry was raised in Act No. 16 of 2019 was not effective for the people of Jepara Regency, the increase in applications for marriage dispensation at the Jepara Religious Court experienced a very significant increase, as indicated by the number of applications for marriage dispensation experienced a very significant increase, 2 times more than before the birth of Act No. 16 of 2019.
{"title":"The Effectiveness of Marriage Age Limit Regulations","authors":"Chamidah Chamidah, Akhmad Khisni","doi":"10.30659/ldj.3.4.844-851","DOIUrl":"https://doi.org/10.30659/ldj.3.4.844-851","url":null,"abstract":"This research aims to know the effectiveness of the regulation on the marriage age limit based on Act No. 16 of 2019. The research method used is the juridical-sociological research method, The juridical approach will discuss research using laws relating to the regulation of the marriage age limit and marriage dispensation contained in Act No. 1 of 1974, Constitution Number 16 of 2019, the Compilation of Islamic Law, and others, while a sociological approach is used to find out and analyze the judge's view of the case for a marriage dispensation application. The results of the study concluded that the regulation of the minimum age limit for women to marry was raised in Act No. 16 of 2019 was not effective for the people of Jepara Regency, the increase in applications for marriage dispensation at the Jepara Religious Court experienced a very significant increase, as indicated by the number of applications for marriage dispensation experienced a very significant increase, 2 times more than before the birth of Act No. 16 of 2019.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73001164","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 : 2021-12-31DOI: 10.30659/ldj.3.4.749-756
Nyi Ayu Fitria Facha, Achmad Sulchan
This study aims to analyze the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the solutions. The approach method is sociological juridical; analytical descriptive research specifications; data sources are primary data and secondary data; data collection methods through field studies and literature studies; while the data analysis method used qualitative analysis. As an analytical tool, role theory, legal effectiveness theory and benefit theory are used. The results of the study show that the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears in the jurisdiction of the Demak police station is to submit a motor vehicle tax bill to motorized vehicle taxpayers. This role is effective in increasing the realization of PKB revenue in the Demak Regency. The obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears come from internal and external factors.
{"title":"The Role of Bhabinkamtibmas in Supporting Motor Vehicle Tax Arrears Collection During the Covid-19 Pandemic","authors":"Nyi Ayu Fitria Facha, Achmad Sulchan","doi":"10.30659/ldj.3.4.749-756","DOIUrl":"https://doi.org/10.30659/ldj.3.4.749-756","url":null,"abstract":"This study aims to analyze the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears during the covid-19 pandemic in the Demak police jurisdiction and the solutions. The approach method is sociological juridical; analytical descriptive research specifications; data sources are primary data and secondary data; data collection methods through field studies and literature studies; while the data analysis method used qualitative analysis. As an analytical tool, role theory, legal effectiveness theory and benefit theory are used. The results of the study show that the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears in the jurisdiction of the Demak police station is to submit a motor vehicle tax bill to motorized vehicle taxpayers. This role is effective in increasing the realization of PKB revenue in the Demak Regency. The obstacles to implementing the role of Bhabinkamtibmas in supporting the collection of motor vehicle tax arrears come from internal and external factors.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75978706","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 : 2021-12-31DOI: 10.30659/ldj.3.4.757-766
Ahmad Nur Kholis, Rakhmat Bowo Suharto
Conditional release is one of the rights of every convict who is serving a prison sentence in a Correctional Institution, including convicts of criminal acts of corruption. Since the issuance of Government Regulation Number 99 of 2012, the conditions that must be met in granting parole for convicts of criminal acts of corruption have been tightened on the basis of a sense of community justice. This study aims to examine and analyze the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang, as well as the obstacles faced in its implementation. This study uses an empirical juridical approach with analytical descriptive research methods. The data used are primary and secondary data obtained by interview, observation and literature methods. The results of the study concluded that the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang was carried out in accordance with the rules of Government Regulation No. 99 of 2012. In practice, not all convicts of criminal acts of corruption can obtain parole because the conditions are not met. Obstacles experienced in the implementation of the provision of parole for convicts of criminal acts of corruption include: convicts are unable to pay fines and/or replacement money, the implementation of social work assimilation must involve third parties as a condition for proposing parole and the existence of information as a justice collaborator from enforcement officers in another law. To overcome these obstacles, it can be done by coordinating and proposing leave before being released.
{"title":"The Implementation of Passive Removal Granting for Corruption Criminal Acts","authors":"Ahmad Nur Kholis, Rakhmat Bowo Suharto","doi":"10.30659/ldj.3.4.757-766","DOIUrl":"https://doi.org/10.30659/ldj.3.4.757-766","url":null,"abstract":"Conditional release is one of the rights of every convict who is serving a prison sentence in a Correctional Institution, including convicts of criminal acts of corruption. Since the issuance of Government Regulation Number 99 of 2012, the conditions that must be met in granting parole for convicts of criminal acts of corruption have been tightened on the basis of a sense of community justice. This study aims to examine and analyze the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang, as well as the obstacles faced in its implementation. This study uses an empirical juridical approach with analytical descriptive research methods. The data used are primary and secondary data obtained by interview, observation and literature methods. The results of the study concluded that the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang was carried out in accordance with the rules of Government Regulation No. 99 of 2012. In practice, not all convicts of criminal acts of corruption can obtain parole because the conditions are not met. Obstacles experienced in the implementation of the provision of parole for convicts of criminal acts of corruption include: convicts are unable to pay fines and/or replacement money, the implementation of social work assimilation must involve third parties as a condition for proposing parole and the existence of information as a justice collaborator from enforcement officers in another law. To overcome these obstacles, it can be done by coordinating and proposing leave before being released.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83303627","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 : 2021-12-31DOI: 10.30659/ldj.3.4.808-818
D. Rahmawati, Bambang Tri Bawono
This study aims to determine the role of the community in the implementation of diversion at the level of investigation that is important as a way of resolving cases of children who are in conflict with the law. This research was carried out in the city of Semarang, Central Java by selecting institutions relevant to the problem in this journal, namely the Class I Penitentiary Semarang by using a research method in the form of the Sociological Juridical method. The research specifications used were descriptive analytical. The data sources were obtained from primary data sources and secondary data with data collection carried out by means of field studies by conducting interviews supported by literature studies. From the research conducted, the authors get the following results, The role of community members in implementing diversion is very important because apart from being mandated by Act No. 11 of 2012, community members also implement Community Based Corrections (CBC); community participation can increase the effectiveness and efficiency of the settlement of children's cases; Community participation in the implementation of diversion is an effort to protect children and protect the community itself.
{"title":"The Community Participation in the Implementation of Diversion at Investigation Level","authors":"D. Rahmawati, Bambang Tri Bawono","doi":"10.30659/ldj.3.4.808-818","DOIUrl":"https://doi.org/10.30659/ldj.3.4.808-818","url":null,"abstract":"This study aims to determine the role of the community in the implementation of diversion at the level of investigation that is important as a way of resolving cases of children who are in conflict with the law. This research was carried out in the city of Semarang, Central Java by selecting institutions relevant to the problem in this journal, namely the Class I Penitentiary Semarang by using a research method in the form of the Sociological Juridical method. The research specifications used were descriptive analytical. The data sources were obtained from primary data sources and secondary data with data collection carried out by means of field studies by conducting interviews supported by literature studies. From the research conducted, the authors get the following results, The role of community members in implementing diversion is very important because apart from being mandated by Act No. 11 of 2012, community members also implement Community Based Corrections (CBC); community participation can increase the effectiveness and efficiency of the settlement of children's cases; Community participation in the implementation of diversion is an effort to protect children and protect the community itself.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83896566","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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