Law Environment and Development Journal最新文献_第10页

Law Enforcement by Police against Children Who Committed Criminal Acts of Violence that Caused Death 警察对实施暴力犯罪行为并造成死亡的儿童的执法

Law Environment and Development Journal Pub Date : 2021-03-07 DOI: 10.30659/ldj.3.1.71-76

Roby Muhtar, Siti Rodhiyah Dwi Istinah

{"title":"Law Enforcement by Police against Children Who Committed Criminal Acts of Violence that Caused Death","authors":"Roby Muhtar, Siti Rodhiyah Dwi Istinah","doi":"10.30659/ldj.3.1.71-76","DOIUrl":"https://doi.org/10.30659/ldj.3.1.71-76","url":null,"abstract":"The purpose of this research; to know and analyze law enforcement by the police against children who commit violent crimes that lead to death. To find out and analyze the obstacles experienced by the police, especially the Criminal Investigation Unit (Criminal Investigation) against children who commit a criminal act that causes death and the solution.The method used by researchers isjuridical sociological approach to law and The specifications in this research are descriptive. Based on the results of the study it was concluded that in investigating cases of criminal acts with violence committed by underage school students, they are guided by KUHAP, KUHP. There are still investigators who are only guided by the disposition of the leadership in handling criminal acts against perpetrators of underage school students showing a low level of professionalism of investigators, so there are frequent violations of the provisions of the Criminal Procedure Code. Obstacles experienced by the police, especially the Criminal Investigation Unit (Criminal Investigation) against a child who commits a crime that causes death, which is usually found when the family does not cooperate and tries to cover up the existence of their child as the perpetrator of the crime. Efforts to overcome the obstacles faced by the police, especially the Criminal Investigation Unit, are: Outreach in schools and in the community. Patrol in certain areas is one of the police activities by 2 (two) or more members of the National Police.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"274 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75026985","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}

引用次数: 0

Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects 因信得过安全客体退出而引起的信得过安全客体的执法问题

Law Environment and Development Journal Pub Date : 2021-03-07 DOI: 10.30659/ldj.3.1.38-43

A. Kusumah, Aryani Witasari

{"title":"Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects","authors":"A. Kusumah, Aryani Witasari","doi":"10.30659/ldj.3.1.38-43","DOIUrl":"https://doi.org/10.30659/ldj.3.1.38-43","url":null,"abstract":"The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public,","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90395008","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}

引用次数: 2

The Element of Deliberate Action in a Series of Actions on PRONA Program's Corruption Crime 论proa项目腐败犯罪系列诉讼中的故意行为要件

Law Environment and Development Journal Pub Date : 2021-03-07 DOI: 10.30659/ldj.3.1.44-51

Anton Ariyanto, I. Maerani

{"title":"The Element of Deliberate Action in a Series of Actions on PRONA Program's Corruption Crime","authors":"Anton Ariyanto, I. Maerani","doi":"10.30659/ldj.3.1.44-51","DOIUrl":"https://doi.org/10.30659/ldj.3.1.44-51","url":null,"abstract":"The purpose of this research is to analyze construction law panel of judges in deciding cases of corruption, qualifying extortion in the PRONA program. The research approach method used is a qualitative normative juridical approach. The legal construction built by the Panel of Judges in criminal cases of extortion qualification of corruption fulfills the provisions in Criminal Law, namely the Principles of Legality and culpability. The defendant was proven to have violated the law in the provisions charged by the public prosecutor, namely Act No. 31 of 1999 Jo Act No. 20 of 2001 and Article 55 paragraph (1) to 1 of the Criminal Code. The conclusion of this research is that the defendant was proven intentionally, at least knowing it as an intentional element, designing the Prona committee, determining Prona's fees, and issuing a “threat” letter to the applicant which should be free (with certain conditions). According to the Panel of Judges, such legal facts are sufficient to prove that the defendant was deliberately involved in the criminal act of corruption. It is recommended that in dealing with corruption cases with the same motive, in the future, the public prosecutor is more courageous in giving a single indictment. So that from the start, I was sure of the charges given, especially from the collection of materials and information through a catch operation.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"04 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80130717","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}

引用次数: 1

Criminal Responsibility towards Criminals of Abortion in Indonesia 印度尼西亚堕胎犯罪分子的刑事责任

Law Environment and Development Journal Pub Date : 2021-03-07 DOI: 10.30659/ldj.3.1.9-18

Zahri Aeniwati, S. Kusriyah

{"title":"Criminal Responsibility towards Criminals of Abortion in Indonesia","authors":"Zahri Aeniwati, S. Kusriyah","doi":"10.30659/ldj.3.1.9-18","DOIUrl":"https://doi.org/10.30659/ldj.3.1.9-18","url":null,"abstract":"This study aims to determine and describe the criminal liability of perpetrators of abortion in Indonesia. This research is a doctrinal legal research, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this research show that criminal liability for perpetrators of abortion in Indonesia based on the Criminal Code is regulated in Book Two of Chapter XIV on Crimes of Decency, especially Article 299, and Chapter XIX Articles 346-Articles 349 which are classified as crimes against life. The prohibition on abortion in the Criminal Code is contained in Article 299, Article 346, Article 347, Article 348, and Article 349, which clearly regulates the prohibition of having an abortion for any reason, including abortion for emergency reasons (forced). The provisions for regulating abortion in Act No 36 of 2009 are set forth in Article 75, Article 76, Article 77, and Article 194. Even though, the law prohibits the practice of abortion, in certain circumstances there is a possibility. Abortion practices that are contrary to statutory regulations are regulated in Article 194 of Act No 36 Of 2009, with a maximum imprisonment of 10 years and a maximum fine of IDR 1,000,000,000.00 (one billion rupiah).","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"120 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89373738","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}

引用次数: 0

Role of Judges in Handling Criminal Procedures for Children through Diversion of Justice 法官在通过司法转移处理儿童刑事诉讼中的作用

Law Environment and Development Journal Pub Date : 2021-03-07 DOI: 10.30659/ldj.3.1.140-147

Agra Sulchantifa Ulul Amri, Akhmad Khisni

引用次数: 0

Criminal Action of Cosmetics Without License in Conception of Legal Expression 法律表现概念中的无证化妆品犯罪行为

Law Environment and Development Journal Pub Date : 2021-03-07 DOI: 10.30659/LDJ.3.1.%P

Lutfi Anindita, Bambang Tri Bawono

{"title":"Criminal Action of Cosmetics Without License in Conception of Legal Expression","authors":"Lutfi Anindita, Bambang Tri Bawono","doi":"10.30659/LDJ.3.1.%P","DOIUrl":"https://doi.org/10.30659/LDJ.3.1.%P","url":null,"abstract":"The purpose of this study is to determine and analyze the investigator's authority to handle the distribution of cosmetics without a permit in the construction of the legal system. To find out and analyze the implementation of Article 197 in conjunction with Article 106 paragraph (1) subside Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty. The approach method used in the preparation of this legal writing is to use a sociological juridical approach, namely seeing the law as human behavior in society.The specification of this research is descriptive analytical. Based on the results of that research The authorities of investigators to handle the unauthorized distribution of cosmetics in the construction of the legal system include: to receive reports or complaints from someone about the existence of a criminal act; take the first action at the scene; order a suspect to stop and check the suspect's identification; carry out an arrest, detention, search and confiscation; carry out inspection and confiscation of letters; take fingerprints and take a picture of a person; summon people to be heard and examined as suspects or witnesses; bring in the necessary experts in connection with the case examination; to terminate the investigation; take other action according tolaw responsible. Implementation of Article 197 in conjunction with Article 106 paragraph (1) subsidiary to Article 196 in conjunction with Article 98 paragraph (2) and paragraph (3) of Act No. 36 of 2009 concerning Health in the conception of legal certainty it is very appropriate to receive appropriate punishment because actions are very detrimental to the wider community both from an economic, social, and cultural perspective.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86554968","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}

引用次数: 0

Taḥqiqul Manāth in Madzhab-Contextualization of Non-Muslim Status in Indonesia Taḥqiqul Manāth in madzhab -印度尼西亚非穆斯林地位的语境化

Law Environment and Development Journal Pub Date : 2021-03-06 DOI: 10.30659/ldj.2.4.599-609

Muhammad Faeshol, Akhmad Khisni

{"title":"Taḥqiqul Manāth in Madzhab-Contextualization of Non-Muslim Status in Indonesia","authors":"Muhammad Faeshol, Akhmad Khisni","doi":"10.30659/ldj.2.4.599-609","DOIUrl":"https://doi.org/10.30659/ldj.2.4.599-609","url":null,"abstract":"The fatwa or decision of Bahtsul Masail which gave the status of non-Muslim Indonesians given the status of ḥarbi fī dzimmati tta'mīn was corrected by the Nahdlatul Ulama National Conference in Banjar City, West Java in 2019. Using a legal contextuality within the framework of the Imam Syafi'i school of thought, Nahdlatul Ulama 'stated Indonesian non-Muslims as non-Muslims are ordinary citizens who are the same as Muslim citizens and are not included in one of the four categories of kafirs in the schools with all the legal consequences. Contextualization as an effort to understand a law according to its context is carried out so that the law of fiqh madzhab in its application adapts to the changing and different context of reality. Ignorance of changes and differences in context will result in the application of the law of fiqh madzhab which violates the school itself.maḥall al-ḥukmi and ahl al-ḥukmi. The results of the National Conference as a correction to the different previous fatwas were carried out as a necessity so that the application of the law of fiqh madzhab was correct in its application. Not to change the law of the school of fiqh. The four categories of kafir remain in the madzhab as a kulli concept. But implementing it must be appropriatemaḥall al-ḥukmi her.And non-Muslims in Indonesia are not maḥall al-ḥukmi is right for the concept.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84120305","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}

引用次数: 0

The Role of State Attorney Prosecutors to Restore State Financial Losses in Criminal Actions of Corruption to Make Justice 国家检察官在腐败刑事诉讼中恢复国家经济损失以伸张正义的作用

Law Environment and Development Journal Pub Date : 2021-03-06 DOI: 10.30659/ldj.3.1.1-8

Widya Hari Sutanto, Umar Ma’ruf

{"title":"The Role of State Attorney Prosecutors to Restore State Financial Losses in Criminal Actions of Corruption to Make Justice","authors":"Widya Hari Sutanto, Umar Ma’ruf","doi":"10.30659/ldj.3.1.1-8","DOIUrl":"https://doi.org/10.30659/ldj.3.1.1-8","url":null,"abstract":"Corruption is very detrimental to state finances or the country's economy and hinders national development, so it must be eradicated in order to create a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. This study uses a sociological juridical approach, which in this case is related to the role of the State Attorney General in recovering state financial losses with the specification of analytical descriptive research. The data used are primary and secondary data which will be analyzed qualitatively. The research problems were analyzed using the theory of justice and the theory of expediency. The results of the study concluded that the role of the Tegal State Attorney Office in an effort to recover state financial losses can be reviewed in the theory of return on assets and theory of justice which are the most important parts in seeking to recover state financial losses. The return of state financial assets that has been attempted by the Tegal City State Attorney's Office through efforts to confiscate or seize state assets is in accordance with the perspective of justice. Referring to the theory of justice and benefit by placing criminal and civil responsibility on the perpetrators of criminal acts of corruption and their heirs, it is hoped that the state financial losses that occur as a result of these acts can be fully returned as a form of justice for the perpetrators, the state and the community who have been injured.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75561051","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}

引用次数: 1

The Role of Judges Based on Considerations of Community Cultural Values to Create Justice 基于社区文化价值观考量的法官在创造正义中的角色

Law Environment and Development Journal Pub Date : 2021-02-20 DOI: 10.30659/LDJ.2.4.591

Handika Naufal Husni, Widayati Widayati

引用次数: 0

The Law Enforcement against Justice of Criminal Thicking 刑事思维的执法与司法

Law Environment and Development Journal Pub Date : 2021-02-20 DOI: 10.30659/LDJ.2.4.582

Nurokhid Nurokhid, Achmad Sulchan

{"title":"The Law Enforcement against Justice of Criminal Thicking","authors":"Nurokhid Nurokhid, Achmad Sulchan","doi":"10.30659/LDJ.2.4.582","DOIUrl":"https://doi.org/10.30659/LDJ.2.4.582","url":null,"abstract":"The purpose of this research is to find out and analyze law enforcement against the perpetrators of criminal theft in Kendal Police, to analyze the factors that influence law enforcement against perpetrators of criminal acts of theft at Polresrang, obstacles that arise in the process of enforcing criminal acts of theft at the Police. Kendal with justice and efforts to overcome it the approach method used is sociological juridical method, the specification in this research is descriptive analytical. The results of the research are that in carrying out law enforcement refers to the Criminal Procedure Code and the Criminal Code and the National Police Perkap No. 6 of 2019 concerning criminal investigation, and Perma No. 2 of 2012 regarding the adjustment of the limitations of minor crimes and the amount of fines in the Criminal Code, the application of criminal acts against theft. Factors affecting law enforcement against the perpetrators of criminal theft at the Kendal Police are just. The obstacles faced are slow reports from the public to the authorities, damage to the crime scene/crime scene, lack of awareness of the public to be witnesses, lack of personnel from members of the police in conducting investigations, lack of necessary facilities and infrastructure such as less sophisticated equipment.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90576629","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}

引用次数: 0