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":"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 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 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}

{"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 Legal Analysis of Age Limitations of Child Victims on Criminal Actions in Justice Perspective","authors":"Sri Tatmala Wahanani, I. Maerani, Siti Ummu Adillah","doi":"10.30659/ldj.4.3.416-422","DOIUrl":"https://doi.org/10.30659/ldj.4.3.416-422","url":null,"abstract":"The purpose of this study was to determine and analyze the impact of changes in the age limit of child victims, provisions for the age limit of child victims in Islamic law and age limits for victims of crimes of decency with justice. The approach method in this study uses a doctrinal research method (juridical normative) and a legal psychological approach method, with a descriptive analytical research specification. In collecting data used literature study method with qualitative data analysis. From the results of the study, it was concluded that the change in the age limit of child victims in positive law in Indonesia in 2002 from 15 (fifteen) to 18 (eighteen) years had an impact on increasing the number of cases of decency crimes. Even criminal acts of decency are dominated on the basis of reports from the parents of the victim's child who do not approve of the courtship (consensual) relationship between the victim's child and the perpetrator of the crime of decency. This has implications for the conscience of justice for law enforcement officers to demand or make decisions against the perpetrators, there is a sense of injustice, there is a sense of inadequacy when they have to demand or impose punishment, because actually the crime was also desired by the victim. So for the sake of realizing justice, the age of the child victim of 18 (eighteen) years needs to be reconsidered for revision or change.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82254489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Settlement of Criminal Actions of Traffic Accidents with Child Performers","authors":"Yheni Dwi Sukmawati, Bambang Tri Bawono, Achmad Sulchan","doi":"10.30659/ldj.4.3.423-430","DOIUrl":"https://doi.org/10.30659/ldj.4.3.423-430","url":null,"abstract":"The objectives of this research are: To study and analyze the application of criminal sanctions against children who commit traffic violations.The approach method used in this study is a normative juridical approachand and the specifications in this study include: analytical descriptive. The sources and types of data in this study are secondary data obtained from literature studies. Based on the results of the study that the application of criminal sanctions against children who commit traffic violations must consider all matters concerning the child, such as the child's condition, family circumstances, environmental conditions, as well as reports from local community institutions. And for sanctions can be subject to criminal sanctions and action sanctions. The application itself must be distinguished from the application of sanctions against adults. Criminal sanctions to be imposed on children must be based on truth, justice, and the welfare of the child. The imposition of a crime or action is an action that must be accountable and beneficial to the child. The judge must consider the condition of the child, the condition of the house, the state of the environment as well as the report from the community advisor.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82395429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}