Law Environment and Development Journal最新文献

{"title":"An Investigator's Discretion in State Assets Confiscation Criminal Action Case of Corruption","authors":"Adi Wiratmoko, Amin Purnawan, Siti Ummu Adillah","doi":"10.30659/ldj.4.3.507-517","DOIUrl":"https://doi.org/10.30659/ldj.4.3.507-517","url":null,"abstract":"This research aims to discuss the concept of investigators' discretionary power in applying their powers and authorities in confiscation of state assets and shifting the terms of discretion from Act No. 14 of 2014 concerning Government Administration to Act No. 11 of 2022 concerning Job Creation. This discussion aims to provide clarity on the concept of discretionary power of investigators in confiscation of state assets which is still controversial from various aspects so that the concept of discretionary power is not only acceptable in terms of power, but also legally and morally/ethically acceptable. This writing uses a doctrinal (juridical-normative) approach, namely research on criminal law norms contained in Indonesian criminal legislation. Based on the results of the study, it was concluded that in principle the application of the investigator's discretionary power to confiscate state assets in corruption cases is a must because the spirit of eradicating corruption is to restore lost state assets. This discretionary power must also be balanced with improving the quality and integrity of investigators, in particular.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81762510","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}

{"title":"The Criminal Policy in Efforts to Overcome Crimes Perpetrated by the Indonesian National Army","authors":"Yulianto Timang, Widayati Widayati, Nanang Sri Darmadi","doi":"10.30659/ldj.4.3.480-494","DOIUrl":"https://doi.org/10.30659/ldj.4.3.480-494","url":null,"abstract":"This study aims to find out and analyze and seek answers to criminal policies in an effort to tackle crimes committed by the Indonesian National Armed Forces and to find out and analyze and seek answers to policies for regulating criminal law enforcement against TNI soldiers in the future. The results and discussion of the research show that Criminal Policy in Efforts to Overcome Crimes Committed by the Indonesian National Armed Forces is subject towetboek van Militair Strafrecht (WvMs)/Stb.1934 Number 167 in conjunction with UURI Number 39 of 1947, which was translated into the Military Criminal Code (KUHPM). Its enforcement is the same as in law in Indonesia, if the Criminal Procedure Code is a material criminal law, then Act No. 6 of 1950 in conjunction with Act No. 1 Drt of 1958 concerning Military Criminal Procedure Code which was later revised and set forth in Chapter IV of Article 264 of the Law. Law on Military Courts, while Act No. 31 of 1997 applies as a formal criminal law, and the realization of the revision of Act No. 31 of 1997 concerning Military Courts. Criminal Law Enforcement Against Indonesian National Army Soldiers in the Future.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"134 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76967198","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}

{"title":"A Criminological Study against Sexual Violence Performed by Normal Men against Women with Disabilities","authors":"Nor Samsyudin, Latifah Hanim, Andri Wijaya Laksana","doi":"10.30659/ldj.4.3.495-506","DOIUrl":"https://doi.org/10.30659/ldj.4.3.495-506","url":null,"abstract":"This writing aims to examine the criminology of criminal acts of sexual violence perpetrated by normal men on women with disabilities and the countermeasures made by the Jepara Resort Police to tackle these crimes. This research is included in the type of empirical juridical research. Based on the results of the study, it can be concluded that the object of criminology studies includes three things: criminal acts, perpetrators of criminal acts, and public reactions to both. Furthermore, the object of the study was analyzed using criminological theories. Sexual violence was analyzed using differential association theory. The perpetrators of the crime of sexual violence must have committed a crime because of the factors that caused the crime. After knowing these factors, it was studied using the theory of Social Anomalies. Public reaction to criminal acts and perpetrators of sexual violence. First, the community around the perpetrator provides labeling, or social punishment given to the perpetrator. Second, on the other hand, there are still some people who know about this form of crime and care about the existence of the crime of Sexual Violence by creating forums or becoming activists. This community reaction analysis uses Social interactionist theory.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89698896","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}

{"title":"Implementation of Judge Independence in the Process of Implementing Justice in Islamic Law Perspective","authors":"K. Huda, Bambang Tri Bawono, Achmad Arifullah","doi":"10.30659/ldj.4.3.518-525","DOIUrl":"https://doi.org/10.30659/ldj.4.3.518-525","url":null,"abstract":"This study aims to analyze and examine the implementation of the independence of judges in the process of administering justice in Indonesia and to understand and examine the implementation of the independence of judges in the administration of justice from an Islamic perspective. This study uses library research methods or library research that is \"juridical-normative\". The data sources used are secondary data, namely ethical standards as judges with \"Islamic character\". The data will be analyzed using descriptive analysis method and the theoretical basis used is the principles of qadhi in Islam and the code of ethics for the behavior of Indonesian judges. Based on the data analysis carried out, it is concluded that a judge should maintain his integrity, his honor who has morals and is a mandate from the Most Wise, namely ensuring the establishment of a sense of justice, guaranteeing legal certainty and seeking the benefit of legal values to all Indonesian people.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"74 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90184755","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}

{"title":"The Criminological Ideas in the Criminal Enforcement of Illegal Logging","authors":"Dodyx Bremiardika, Rakhmat Bowo Suharto, R. Sugiharto","doi":"10.30659/ldj.4.3.454-460","DOIUrl":"https://doi.org/10.30659/ldj.4.3.454-460","url":null,"abstract":"The purpose of this paper is to examine and analyze the Criminology review of the factors that cause the occurrence of illegal logging crimes. In this paper, the author uses a normative juridical method. In the conclusion of the discussion that the factors of the occurrence of illegal logging in the perspective of criminology, namely first, the legal factor itself, the better a legal regulation, the more likely it is to enforce it. Both factors are law enforcement, law enforcement is strongly influenced by law enforcement officials. If a regulation is good but the quality and quantity of law enforcement apparatus is low, then the desired law will not be realized. Third, cultural factors play an important role in the occurrence of illegal logging. Illegal logging perpetrators commit these crimes because there are cultural demands that require them. Indonesia has hundreds of tribes and cultures in which the interior is very diverse. Fourth, Community factors can also affect law enforcement itself, because law enforcement comes from the community and aims to achieve peace in society. In this case what is important is the legal awareness of the community, the higher the legal awareness of the community, the better law enforcement.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"82 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75843179","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}

{"title":"The Legal Protection for Children as Criminal Actors","authors":"Robertus David Mahendra Saputra, Jawade Hafidz, Denny Suwondo","doi":"10.30659/ldj.4.3.461-469","DOIUrl":"https://doi.org/10.30659/ldj.4.3.461-469","url":null,"abstract":"The purpose of this research is to analyze the legal protection of children as perpetrators of criminal acts, to analyze the obstacles in the legal protection of children as perpetrators of criminal acts, and to analyze solutions to obstacles in the legal protection of children as perpetrators of criminal acts. This research uses a normative juridical approach, with descriptive research methods that are analyzed qualitatively. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study concluded that the form of legal protection given to children as perpetrators in criminal acts is in accordance with Act No. 11 of 2012 concerning Juvenile Justice and the Criminal Code, namely returning to parents (Article 45 of the Criminal Code), rehabilitation, detention processes (Article 32 of Act No. 11 of 2012). The obstacles faced are the psychological condition of the child who is still unstable, the origin of the perpetrator, and the time required to administer the judicial process, and the lack of cooperation and coordination between the perpetrator, the victim, and the Fathers. The solution that can be given is coordination between stakeholders in handling children in conflict with the law (ABH) must be more intense, it is necessary to involve the community and non-governmental organizations (NGOs) in prevention programs and after care programs for children in conflict with the law (ABH), encourage various parties to intensify case resolution using the principle of restorative justice by means of diversion","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83639916","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}

{"title":"The Juridical Analysis in Viewing the Position of Reported Revocation of Complaints A General Criminal One Party by the Reporter in Investigation Process","authors":"Pudjiyanto Pudjiyanto, Arpangi Arpangi, Peni Rinda Listyawati","doi":"10.30659/ldj.4.3.470-479","DOIUrl":"https://doi.org/10.30659/ldj.4.3.470-479","url":null,"abstract":"This study aims to determine and analyze the legal impact of the unilateral revocation of general crime reports by the reporter at the Semarang Police Station. To find out and analyze the obstacles faced and solutions to unilaterally revocation of reports of general crimes by the reporter at the Semarang Police Station. The research approach method used is legal research analytical descriptive. Based on the research it can be concluded that with the boundaries of the legal field being blurred, it often makes people, most of whom do not understand the law in the criminal and civil spheres, so that all problems are reported or reported to the police. These societal dynamics often result in the revocation of police complaints that are increasingly high in the community as a result of which the issue of legal certainty in the legal process becomes a new boomerang in Indonesia.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73272350","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}

{"title":"Legal Analysis of the Participation of the Prosecutor Agency in Eradication of Narcotics Crime","authors":"Henry Elenmoris Tewernussa, Arpangi Arpangi, Rakhmat Bowo Suharto","doi":"10.30659/ldj.4.3.446-453","DOIUrl":"https://doi.org/10.30659/ldj.4.3.446-453","url":null,"abstract":"The purpose of this study is to examine and analyze the juridical implications of the role of the Prosecutor's Office in the eradication of narcotics. In this paper, the writer uses the normative juridical method with the specifications of analytical descriptive writing. Article 1 paragraph (3) of Act No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia states that the action of the public prosecutor is to delegate the case to the competent district court in matters and according to the method stipulated in the criminal procedure law with a request to be examined and decided by a judge at court. The public prosecutor is a prosecutor who is authorized by law to carry out prosecutions and carry out judges' decisions. A prosecutor at the High Prosecutor's Office or at the Attorney General's Office can sue a person if he or she is first appointed to the District Attorney's Office in whose jurisdiction the offense is committed.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73341163","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}

{"title":"The Investigation Process of Children Suspects in Narcotics Crime in National Anti Narcotics Agency (BNN)","authors":"Ageng Fajar Wicaksono, Siti Rodhiyah Dwi Istinah, Andi Aina Ilmih","doi":"10.30659/ldj.4.3.439-445","DOIUrl":"https://doi.org/10.30659/ldj.4.3.439-445","url":null,"abstract":"The purpose of this study is to find out and analyze the process of investigating child suspects in narcotics crimes in National Anti Narcotics Agency (BNN) and to find out and analyze the obstacles in the process of investigating child suspects in narcotics crimes in National Anti Narcotics Agency (BNN) and its solutions. The approach method used in this research is a sociological juridical approach. The sociological juridical approach is identifying and conceptualizing law as a real and functional social institution in a real life system. The sources and types of data in this study are secondary data. The method of data collection was obtained from a literature study. The data were analyzed descriptively analytically. The results of this study are the process of investigating child suspects in narcotics crimes at the National Anti Narcotics Agency (BNN) of Central Java Province are: Investigations into narcotics crimes include investigations, arrests, detentions, searches, confiscations. Investigations conducted by the Central Java Provincial BNN are in accordance with the Criminal Procedure Code and Act No. 35 of 2009 concerning Narcotics. Obstacles in the Investigation of Child Suspects in Narcotics Crimes at the National Anti Narcotics Agency (BNN) and the Solutions is time consuming compared to investigations in adult cases, investigators hope that the parties who participate in assisting the investigation process are expected to cooperate cooperatively, the lack of public awareness to report so that the police are expected to provide counseling to the public about narcotics crimes, the lack of the role of the family environment, as a parents should play an active role in taking care of their children by following the development of information or counseling if any, whether organized by the National Anti Narcotics Agency, investigators, doctors. Because parents play an important role in the socialization process of children. Therefore, parents must devote attention to educating their children so that these children get the right pattern of social life.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84809959","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}

{"title":"The Policy of the Prosecutor's Authority in Termination of Prosecutions based on Restorative Justice in Criminal Justice System In Indonesia","authors":"Laksamana Bagas Dewandaru, Jawade Hafidz, Latifah Hanim","doi":"10.30659/ldj.4.3.403-415","DOIUrl":"https://doi.org/10.30659/ldj.4.3.403-415","url":null,"abstract":"This study aims to determine the policy of the prosecutor's authority in terminating prosecution based on restorative justice in the criminal justice system, namely based on the principle of opportunity, namely the Prosecutor's Office is the only State Institution controlling cases or has the authority to continue or not file cases to the Court based on the provisions of the Act. This authority is implied in the form of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The approach method used is normative juridical. Specifications are descriptive analytical. The type of data is secondary data, divided into legal materials derived from law and legal science. The method of data collection through literature study and interviews with the data analysis method is qualitative analysis. The Prosecutor's Law is included in attribution, namely the granting of government authority by lawmakers to government organs. In Islamic criminal theory, the authority to stop prosecution based on restorative justice is included as special prevention and according to the history of Islamic development, it is included in the rehabilitation of the criminal. In the research conducted by the researcher, it was found that there were obstacles in stopping prosecution based on restorative justice at the Banggai District Prosecutor's Office, namely based on the decree of the Banggai District Attorney Number B-748/P.2.11/Eoh.2/11/2021, namely the distance traveled by the parties involved. The case with the Banggai District Prosecutor's Office is quite far away, with the condition of the road infrastructure being unfavorable. The crime committed is domestic violence which makes it difficult for peaceful efforts to be carried out, so that the time allotted is very limited. If drawn from the theory of law enforcement, these obstacles are included in the legal culture and legal substance.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76898091","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}