Law Environment and Development Journal最新文献_第3页

An Implementation of Restorative Justice in Handling Cases of the Beatings Crime 恢复性司法在处理殴打犯罪案件中的实施

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.162-169

Ahmad Ali Ustadi, Amin Purnawan, Siti Ummu Adillah

{"title":"An Implementation of Restorative Justice in Handling Cases of the Beatings Crime","authors":"Ahmad Ali Ustadi, Amin Purnawan, Siti Ummu Adillah","doi":"10.30659/ldj.4.1.162-169","DOIUrl":"https://doi.org/10.30659/ldj.4.1.162-169","url":null,"abstract":"The purpose of this research is to find out and analyze the implementation of restorative justice in handling cases of beatings. To find out and analyze the obstacles that arise in the implementation of restorative justice in handling cases of criminal acts of beatings and their solutions. The method used was a juridical empirical legal approach and the specifications in this study were descriptive analytical. The sources and types of data in this study were secondary data obtained from library studies. The data were analyzed qualitatively. Based on the results of the research that the Implementation of Restorative Justice in Handling Cases of the Crime of Beating is repairing social damage caused by perpetrators, developing remedies for victims and the community, and returning perpetrators to society. This effort requires the cooperation of all parties and law enforcement officials. Obstacles that arise: Lack of community or environmental participation in finding a solution to a case so that they immediately report it to the police; The case handled by the police has been sent SPDP (Notice of Commencement of Investigation) to the District Attorney. The existence of a third party interest in resolving a case at the investigation level, Efforts to overcome Emerging Constraints: Entering cases that have been resolved by the community into the media with twisted words or asking the police leadership (Kapolda, Kapolres) either through the media as well as letters or communication tools.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"80 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77396012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Handling Domestic Violence Through Mediation Out of Court 通过庭外调解处理家庭暴力

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.99-107

Muhammad Mahson, S. Kusriyah, Rakhmat Bowo Suharto

{"title":"Handling Domestic Violence Through Mediation Out of Court","authors":"Muhammad Mahson, S. Kusriyah, Rakhmat Bowo Suharto","doi":"10.30659/ldj.4.1.99-107","DOIUrl":"https://doi.org/10.30659/ldj.4.1.99-107","url":null,"abstract":"This study was structured to determine the settlement of cases of domestic violence in the city of Pekalongan. This aims to determine the approach to mediation outside the court in the settlement of domestic violence as an alternative. It also analyzes the obstacles in solving cases and their solutions. Method The approach in this study is a qualitative research that produces descriptive data in the form of written or spoken words from people and observable behavior. The specification of this research is descriptive qualitative which analyzes and presents facts systematically to determine the psychological condition of women and children victims of domestic violence. This study concludes that domestic violence in the city of Pekalongan is more experienced by women who are a wife, while the perpetrators are dominated by men who are husbands. Settlement according to state law regulated in the Law on the Elimination of Domestic Violence, it is necessary to find an alternative solution. The settlement through out-of-court mediation with the Pekalongan City Women, Children and Youth Protection Institute (LP PAR) as a companion is an alternative solution as an effort to restore good name, and dignity, especially for women as victims.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82706674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Policy Authority of Police in Implementing Rehabilitation Actions ont Narcotics Users 警察对毒品使用者实施戒毒行动的政策权威

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.116-123

Muhammat Teguh Safi'i, Jawade Hafidz, M. Maryanto

{"title":"The Policy Authority of Police in Implementing Rehabilitation Actions ont Narcotics Users","authors":"Muhammat Teguh Safi'i, Jawade Hafidz, M. Maryanto","doi":"10.30659/ldj.4.1.116-123","DOIUrl":"https://doi.org/10.30659/ldj.4.1.116-123","url":null,"abstract":"The purpose of this research is to analyze the police authority policy in the implementation of rehabilitation measures against narcotics users in the current positive law and to analyze the narcotics authority policy in the future positive law. This study used a sociological juridical approach, with a qualitative descriptive research method. The research problem was analyzed using the theory of justice and the theory of the operation of law. The results of the study conclude that 1) Law enforcement of rehabilitation sanctions against narcotics users currently begins when the police conduct investigations and investigations by looking at the criminal provisions of Article 127 paragraphs (2) and (3) so that there is consistency in paying attention to the Articles that regulate the provisions so that Later the addicts and victims of narcotics abusers can be rehabilitated both in rehabilitation and no longer sentenced to prison or imprisonment because the rehabilitation is counted as a period of serving the sentence. 2) In the future positive law formulation, is needed that is built on an integrated and harmonious investigation coordination and supervision system but does not have multiple interpretations so that there is no overlapping investigative authority caused by the arrangements and legislation formulations in positive legal provisions such as the current and current cases. Narcotics abuse can not be handled appropriately.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"2004 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82952463","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Process of Investigation onCriminal Actions of Fake Reports by the Reserse & Criminal Unit Investigators to Prosecutor 后备刑组侦查人员对检察官虚假举报犯罪行为的侦查过程

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.108-115

Rizki Andika Putra, Aryani Witasari, Deny Suwondo

{"title":"Process of Investigation onCriminal Actions of Fake Reports by the Reserse & Criminal Unit Investigators to Prosecutor","authors":"Rizki Andika Putra, Aryani Witasari, Deny Suwondo","doi":"10.30659/ldj.4.1.108-115","DOIUrl":"https://doi.org/10.30659/ldj.4.1.108-115","url":null,"abstract":"The aim of this research is to find out and analyze the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze the obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. To find out and analyze efforts to overcome obstacles to the process of investigating criminal acts of false reports by investigators from the Criminal Investigation Unit to the prosecutor's office. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this research is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the Process of Investigating False Reports by Criminal Investigation Unit Investigators to the Prosecutor's Office is an investigator who submits a case file or the result of the report turns out to be false to the prosecutor's office, the prosecutor can return the case file or the results of the report to the investigator with instructions or directions from the prosecutor. Its office with coordination or cooperation between the police and the prosecutor's office. The resistance is the investigation of a criminal act of a false report takes a long time: in handling a criminal act of a false report by a defendant, it cannot be processed further if it only relies on information/confessions from the suspect, and if the case related to the crime of a false report has not been revealed or proven. Proving is difficult, it is difficult to prove the case in the investigation because in fact this case does not exist so that investigators must be more observant and patient in every collection of evidence. The solution is intensify every report or input from everyone about everything related to the problem of the crime of the false report. Increased awareness of new modes of crime.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"104 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87723966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Implementation of Child Violence Law which Caused the Fatal Death 致人死亡的儿童暴力法的实施

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.154-161

Teguh Ariawan, Siti Rodhiyah Dwi Istinah, Denny Suwondo

引用次数: 1

Application of Double Track System Model Against Applicants of Narcotics Abus 双轨制模式在吸毒申请人中的应用

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.133-141

Tony Andri Dwi Ermawan, I. Maerani, Achmad Sulchan

{"title":"Application of Double Track System Model Against Applicants of Narcotics Abus","authors":"Tony Andri Dwi Ermawan, I. Maerani, Achmad Sulchan","doi":"10.30659/ldj.4.1.133-141","DOIUrl":"https://doi.org/10.30659/ldj.4.1.133-141","url":null,"abstract":"The purpose of this study is to find out and analyze the implementation of the implementation of the double track system model against narcotics abusers. To find out and analyze the obstacles and solutions to implementing the double track system model for narcotics abusers. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study was secondary data obtained through literature study which was then analyzed qualitatively. The results of this study were the application of the double track system model of law against perpetrators of narcotics abuse in the form of applying the law to serve a sentence in prison, while the sanctions for actions given to narcotics addicts as victims are in the form of treatment and/or treatment organized in the form of rehabilitation facilities. The implementation system is that the period of treatment and/or treatment is counted as a period of serving a sentence. Barriers to the Implementation of the Double Track System Model on Narcotics Abuse Perpetrators are the existence of different rules that can be applied to the same act, namely narcotics abuse; inadequate infrastructure; rehabilitation institutions for narcotics abuse and narcotics victims are still very limited.","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85814953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Criminal Law Enforcement on the Criminal Act of Employment 论就业犯罪行为的刑事执法

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.124-132

Arigonnanta Bagus Wicaksono, Bambang Tri Bawono, Jawade Hafidz

引用次数: 0

The Criminal Law Policy Regarding the Death Penalty in Renewing of Indonesian Criminal Law 印尼刑法更新中的死刑刑法政策

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.170-181

Yudi Alvisahrin, E. Soponyono, Umar Ma’ruf

引用次数: 0

The Termination of Middle Criminal Prosecutions based on Restorative Justice 基于恢复性司法的中期刑事诉讼终止

Law Environment and Development Journal Pub Date : 2022-05-13 DOI: 10.30659/ldj.4.1.142-153

Darmawanta Sembiring, S. Kusriyah, Peni Rinda Listyawati

{"title":"The Termination of Middle Criminal Prosecutions based on Restorative Justice","authors":"Darmawanta Sembiring, S. Kusriyah, Peni Rinda Listyawati","doi":"10.30659/ldj.4.1.142-153","DOIUrl":"https://doi.org/10.30659/ldj.4.1.142-153","url":null,"abstract":"The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).","PeriodicalId":55646,"journal":{"name":"Law Environment and Development Journal","volume":"125 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79967972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Law Enforcement in Judges' Decisions based on Progressive Law 基于进步法的法官判决中的执法

Law Environment and Development Journal Pub Date : 2022-05-12 DOI: 10.30659/ldj.4.1.83-91

E. Hartoyo, Widayati Widayati, I. Maerani

引用次数: 1