Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
Not a member yet
12648 research outputs found
Sort by
The Enforcement of Criminal Law Against Transfer of Fiduciary Guarantee Objects based on Justice Values
No full textEveryone has the right to recognition, guarantee, protection and legal certainty that is fair and treated equally before the law. Law No. 42 of 1999 concerning Fiduciary Guarantees has regulated criminal sanctions and fines, but in practice there are several problems regarding law enforcement, including police investigators being unable to charge third parties who have received pledges from fiduciary recipients. Keywords: Land, Ownership Certificate, Overlapping. The purpose of this study is to provide suggestions and recommendations regarding criminal law enforcement regarding the transfer of fiduciary guarantee objects based on the value of justice. This study usessocio-legal approachas well as the legislative approach and case approach. The results of this study are law enforcement according to current regulations that the regulation of criminal sanctions against the transfer of fiduciary collateral objects as regulated in Article 36 of Law No. 42 of 1999 does not reflect the value of justice, because criminal sanctions are only imposed on debtors, while parties who enjoy the benefits of the transfer cannot be held criminally responsible. In addition, there are weaknesses in the legal substance aspect in the form of a vacuum in regulations regarding the reception of fiduciary objects, from the legal structure aspect in the form of a lack of selectivity of financing institutions and weak synergy of law enforcement officers, as well as from the legal culture aspect in the form of low public legal awareness and economic pressure
Legal Analysis of Investigation of Fishery Criminal Acts Without a Business License (Police Report Study No: Lp/A/398/Ix/2021/Spkt.Ditpolairud/Polda Jawa Tengah)
No full textDespite its enormous potential, Indonesia's fisheries sector, particularly its marine resources, still faces serious challenges. One such challenge is illegal, unreported, and unregulated fishing practices, including fishing businesses operating without valid permits. This research aims to analyze the legal construction, implementation of investigations, and challenges and solutions to the fisheries crime case in Police Report No. LP/A/398/IX/2021/SPKT.Ditpolairud/Polda Central Java. A normative legal research method was used to identify the problematic issues in the a quo case. The analysis utilized a statute approach (statutory regulations) related to the legal issues. The research results and discussion indicate that the construction of the fisheries crime without a business permit in Police Report No. LP/A/398/IX/ 2021/SPKT.Ditpolairud/Polda Jawa Tengah is based on the legal norm of Article 26 paragraph (1), which is systematically constructed with Article 92 of Law No. 11 of 2020 concerning Job Creation. The legal formulation of these two legal norms contains the principles of Legality (Criminal Act) and Culpability (Fault). The implementation of the investigation into the crime of fishing without a business permit in Police Report No: LP/A/398/IX/2021/SPKT.Ditpolairud/Polda Jawa Tengah, meets the criteria of the provisions in the Republic of Indonesia Police Regulation No. 6 of 2019 concerning the investigation of criminal acts. Obstacles in implementing the investigation of the a quo case stem from the legal substance of the article violated by the perpetrator, which is interpreted towards administrative crimes, so that the punishment tends to be a fine. In other words, imprisonment is the ultimum remedy. Legal structural obstacles include difficulties in securing evidence of Clear Lobster Seeds (BBL). Legal cultural obstacles stem from the legal culture of the community that prefers economic incentives over concern for the diversity of fisheries blessings. The solution to implementing the investigation of illegal fishing crimes, as outlined in Police Report No. LP/A/398/IX/2021/SPKT.Ditpolairud/Polda Central Java, requires joint guidance among law enforcement agencies to achieve a shared understanding of risk-based business licensing under the Job Creation Law. The legal structure requires professional investigators to interpret the legal norms of risk-based licensing, due to the gray area between administrative crimes and the doctrine of ultimum remedy in criminal policy. Systematic and ongoing education is needed to ensure the legal culture of the community understands that the blessings of fisheries are part of the future generation
Analysis of The Application of Criminal Sanctions Against the Act of Transferring Fiduciary Collateral Goods (Case Study: Decision Number 880/Pid.Sus/2024/Pn Srg)
No full textThe purpose of this research is to examine and analyze the application of criminal sanctions to the transfer of fiduciary collateral. Pancasila serves as the legal basis for creating prosperity and social justice for all Indonesian citizens. To achieve this, economic development requires capital, supported by the active participation of the business world. In this regard, banking institutions play a crucial role by channeling funds to the public, both in the form of loans and credit. However, a recent phenomenon in financial institutions is the numerous fiduciary cases involving the transfer of ownership rights. A person who intentionally embezzles, transfers, or pawns a fiduciary collateral object to another party can be considered to have committed a crime and can be prosecuted. This research uses a sociological-juridical approach, with descriptive analytical specifications. The data used in this study are primary and secondary data. Data analysis was conducted using qualitative analysis methods. The results of this study are first, the construction of criminal sanctions for the act of transferring fiduciary collateral is based on Law Number 42 of 1999 concerning Fiduciary Guarantees. In addition, Article 372 of the Criminal Code concerning Embezzlement and Article 378 of the Criminal Code concerning Fraud can be imposed. Second, the process of law enforcement against the act of transferring fiduciary collateral at the Banten Regional Police in handling cases against the act of transferring collateral can be done in two ways, the first is Penal and non-penal means. Third, the application of criminal sanctions against the act of transferring fiduciary collateral for the future, for law enforcers in this case must understand the legal instruments or norms regarding the crime of transferring the transfer of fiduciary collateral objects. Likewise, there is a need for literacy for people who have loans through fiduciary collateral institutions, that fiduciary collateral goods are not yet their property, because the loan has not been repaid
Implementation of Prosecutor's Asset Confiscation Regulations in the Framework of Corruption Criminal Acts Recovery Based on Legal Certainty (Case Study of the Subang District Attorney's Office)
No full textCorruption is a serious issue confronting Indonesia, including Subang Regency, with significant repercussions on regional economic growth, public trust, and equitable resource distribution. Asset forfeiture, as an anti-corruption strategy, plays a pivotal role in recovering state losses, deterring corrupt practices, and fostering national development. However, the implementation of asset forfeiture must ensure justice, utility, and legal certainty for all stakeholders. This study aims to analyze and understand the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption, focusing on legal certainty and the effectiveness of asset recovery. Specifically, this research will address questions regarding the implementation of asset forfeiture regulations by the Prosecutor's Office, the weaknesses of such implementation, and the implementation of asset forfeiture regulations based on legal certainty. This research employs a socio-legal research method, encompassing the examination of legal norms and the context of law enforcement. Using a descriptive-analytical approach, this study analyzes the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption. Secondary data is obtained through literature review and analyzed qualitatively to understand the data's meaning. Based on the research findings and discussion, it can be concluded that the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption in Indonesia still faces several challenges. Firstly, the implementation of asset forfeiture regulations currently relies on scattered legal foundations, including the Criminal Procedure Code, the Corruption Eradication Law, and the Money Laundering Law, and can be pursued through both criminal and civil mechanisms. Second, the weaknesses of implementing asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption in Indonesia still face various issues, such as a lack of resources and technology, difficulties in proving the origin of assets, and a lack of public awareness and legal compliance. Thirdly, the implementation of asset forfeiture regulations by the Prosecutor's Office in recovering assets derived from corruption based on legal certainty is still hindered by the absence of a specific and comprehensive Asset Forfeiture Law, resulting in inconsistencies in the application of the law
Optimization of Law Enforcement on Narcotics Abuse by the Narcotics, Psychotropics and Dangerous Drugs Research Unit of the East Oku Resort Police to Reduce the Number of Narcotics Abuse
No full textNarcotics abuse remains a critical social and legal issue in Indonesia, particularly in the East OKU region. This study aims to analyze the optimization of law enforcement efforts by the Narcotics Investigation Unit (Satresnarkoba) of the OKU Timur Police in reducing the incidence of narcotics abuse. The research employs a qualitative case study approach, collecting data through interviews, observations, and documentation. The findings reveal that law enforcement by Satresnarkoba OKU Timur has been conducted effectively; however, several challenges remain, including limited human resources, inadequate facilities, and suboptimal coordination among related agencies. Optimization of law enforcement can be achieved by enhancing personnel capacity, strengthening inter-agency collaboration, and integrating information technology in the investigation and handling of narcotics cases. These improvements are expected to significantly reduce narcotics abuse rates in East OKU, thereby positively impacting public security and order. This study provides strategic recommendations for the OKU Timur Police and other stakeholders to improve the effectiveness of narcotics law enforcement. Furthermore, the findings can serve as a reference for policymakers in formulating more comprehensive narcotics prevention and eradication programs
Legal Review of the Implementation of Scientific Crime Investigation by the Police as an Effort to Prove Crimes
No full textWith the advancement of forensic technology, digital analysis, and various other scientific methods, law enforcement officials can now collect and analyze evidence more accurately and systematically. Scientific Criminal Investigation is an investigative process that utilizes science and technology applied to forensic functions within its evidentiary system. All valid evidence under the applicable Criminal Procedure Code has equal legal force. The issue lies in the extent to which such valid evidence is useful and can assist the general judicial process during the investigation. The aim of this research is to determine and analyze (1) the legal legitimacy of the function of the scientific crime investigation method in the process of handling crimes, (2) the nature of the functional urgency of the scientific crime investigation method in efforts to prove crimes, and (3) the problems in applying the scientific crime investigation method in efforts to prove crimes. The approach method used in this research is normative juridical. The specifications of this research are analytical descriptive. The data source used is secondary data. Secondary data is data obtained from library research consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results and discussion can be concluded: (1) In terms of legal legitimacy regarding efforts to obtain evidence using the scientific crime investigation method, there are several legal provisions that accommodate the legality of the SCI action, including the provisions of Article 120 of the Criminal Procedure Code, in which if the investigator deems it necessary, he can ask for the opinion of an expert or someone who has special expertise. (2) In terms of urgency, this method is very helpful in implementing Scientific Crime Investigation, which has revolutionized the way of proving criminal cases. If implemented correctly, this strategy is said to be very useful for law enforcement in solving cases that lack evidence. When all conventional investigative efforts cannot be revealed and reach a dead end, the law turns to other scientific fields to help and in terms of legality, this is valid and represents a support system in the smooth enforcement of the law. (3) Although the Scientific Crime Investigation method in proving a crime that lacks evidence is very effective and accurate, there are several problems as part of the weaknesses of using this method in revealing various crimes. In principle, SCI uses science that develops along with the times. Examination data becomes more complex and detailed over time. Errors, such as missing or incorrect data, are common when processing evidence, and are related to its limitation or reduction
The Crime of Theft from a Restorative Justice Perspective: A Normative Study of Padang District Court Decision Number 134/Pid.B/2025/Pn Pdg
No full textAbstract. This research aims to analyze the application of restorative justice in minor theft cases based on the District Court of Padang Decision No. 134/Pid.B/2025/PN PDG, by examining the relevance of this approach to the Indonesian penal system, which is grounded in the values of Pancasila Justice. Restorative justice represents an alternative approach that emphasizes the restoration of relationships between the offender, the victim, and the community, rather than focusing solely on punishment (retribution). This concept places direct responsibility on the offender for his actions and provides the victim with the opportunity to obtain fair recovery and acknowledgment. This study employs a normative juridical method, using both the statute approach and the case approach. The data were analyzed through the examination of statutory regulations, legal principles, scholarly doctrines, and relevant court decisions. The normative approach was chosen because the focus of this research lies in studying the legal norms that govern the implementation of restorative justice in theft cases, both under the 1946 Criminal Code (KUHP) and the newly enacted 2023 National Criminal Code. The findings of this research indicate that the implementation of restorative justice is not an antithesis to the rule of law; rather, it serves as a corrective lens within criminal law that aims to harmonize legal certainty, justice, and utility. Within the framework of national law, restorative justice aligns with the principle of justicia cum misericordia—to punish when necessary and to restore when possible—while upholding human dignity as the ethical axis of the penal system. The application of this principle has proven effective in achieving a balance between victim protection and offender accountability, without disregarding the interests of public order
Reformulation of Diversion Regulations as a Justice-Based Child Protection Effort
No full textAbstract. The juvenile criminal justice system in Indonesia affirms the protection of children's rights through a restorative justice approach and the use of diversion mechanisms as regulated in the Juvenile Criminal Justice System Law (UU SPPA) and Supreme Court Regulation (PERMA) No. 4 of 2014. However, its implementation still faces obstacles due to the limitation that diversion may only be applied to offenses carrying a penalty of less than seven years. This restriction prevents child offenders involved in crimes with higher penalties (such as in the Ambon statutory rape case) from obtaining access to non-formal settlement mechanisms, thereby exposing them to psychological pressure, social stigma, and outcomes that contradict the principle of the best interests of the child and child protection standards under the Convention on the Rights of the Child. The purpose of this study is to identify and analyze the current diversion regulations as a child protection measure, to evaluate their weaknesses, and to formulate a justice-based reformulation of diversion regulations to strengthen child protection. The approach method used in the preparation of this thesis is Normative Legal Research. The specification of this study is descriptive-analytical. The theories employed include the Theory of Legal Protection, the Legal System Theory, and the Theory of Justice. The results of this study are as follows: (1) Diversion regulations provide a foundation for child protection through a restorative approach; however, limiting diversion based on the severity of the criminal penalty binds law enforcement officials to formal restrictions without allowing them to consider the child's circumstances comprehensively. This is evident in the Ambon case, where the offender was still subjected to formal judicial proceedings because the applicable sentence exceeded seven years, resulting in the failure to achieve educational, restorative, and stigma-prevention goals. (2) Although diversion regulations under the Juvenile Criminal Justice System Law (UU SPPA) are intended to protect children, they still contain weaknesses in terms of substance, structure, and legal culture, which hinder their optimal implementation. Rigid normative limitations, inadequate capacity and coordination among law enforcement officers, and a strong retributive mindset in society prevent the realization of restorative resolutions that align with children's developmental needs. (3) Reformulating diversion is necessary because the current normative restrictions—permitting diversion only for offenses punishable by less than seven years—are inconsistent with the principles of justice, non-discrimination, and the best interests of the child. Expanding the scope of diversion to prioritize recovery and guidance will ensure that the law functions not merely according to its text, but also by considering children’s social and psychological conditions and their future, thereby ensuring truly just and meaningful protection
The Role and Function of the Kupang City Traffic Unit in Implementing Law No. 22 of 2009 for the Regulation of Driving Licenses
No full textThe presence of the Traffic Police in this operation is not only limited to taking action against violations, but also involves a persuasive and educational approach aimed at raising public awareness about the importance of traffic safety. Traffic Police, despite having the duty to impose strict sanctions for violations that occur, still strive to provide education so that the public not only obeys the law, but also understands the meaning of traffic regulations themselves. This approach is expected to reduce the number of traffic violations and accidents in the future, as well as encourage drivers to be more responsible when driving. This research uses an empirical legal research method (socio-legal research). Empirical legal research was chosen because in addition to examining the legal norms in Law No. 22 of 2009 concerning Traffic and Road Transportation, this study also emphasizes how the implementation of these regulations is carried out by the Kupang City Traffic Police in practice, especially in regulating Driving Licenses (SIM). Thus, the research does not only stop at a normative study of the law, but also looks at social reality, namely the extent to which the community complies with having a SIM and the role of the police in enforcing these regulations. Based on the research results in Chapter III, the mechanism for regulating Driving Licenses (SIM) by the Kupang City Police Traffic Unit has been implemented in accordance with the provisions of Law Number 22 of 2009 and its implementing regulations. The enforcement is carried out through routine operations and special operations in the field, checking the completeness of driver administration, and the verification and issuance of SIMs at the Regident Unit
Analysis of The Authority of Wire breaking by The Prosecutor's Office in The Process of Enforcement of Corruption Law
No full textThis research analyzes the authority of wiretapping by the Indonesian Attorney General's Office in the process of enforcing corruption criminal law, especially following the amendments in Law Number 11 of 2021. Indonesia, as a state based on law, mandates professional and integrity-driven law enforcement, where the Attorney General's Office plays a crucial role in prosecutors and other authorities. The amendments to the attorney general's law grant additional authorities, including wiretapping, which has sparked debate among the public, particularly concerning potential human rights violations. Evidence in criminal cases is a critical stage requiring valid evidentiary tools. Wiretapping, as a form of electronic evidence, holds significant potential in uncovering corruption crimes, yet its regulations are still overlapping and not fully detailed. This study aims to reconstruct the regulations concerning the Attorney General's Office's wiretapping authority, identify existing weaknesses, and formulate an ideal future regulatory framework for wiretapping in handling corruption cases. Employing a normative legal research method and a statutory approach, this research analyzes relevant laws and regulations, theories of authority, rule of law, evidence, and law enforcement. The analysis reveals that although the ITE Law and Constitutional Court decisions have expanded the recognition of electronic evidence, gaps remain in the technical regulations and oversight of wiretapping implementation by the Attorney General's Office. Regulatory reconstruction is necessary to ensure that wiretapping authority aligns with the principles of due process of law and the protection of privacy rights, thereby strengthening the effectiveness of evidence in corruption cases