Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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Effectiveness of Restorative Justice-Based Settlement of Mild Criminal Cases (Case Study at Batam City Police Station)
No full textMinor crimes are a common form of legal violation in society. Minor crimes often have serious physical and psychological consequences for the victims. In handling minor crimes, the criminal justice system is often the primary option for resolving these cases. The purpose of this study is to determine, examine, and analyze the effectiveness of the current construction of minor crime case resolution. This study aims to identify, examine, and analyze the weaknesses of the construction of minor crime case resolution, and to identify, examine, and analyze the effectiveness of restorative justice-based minor crime case resolution. The method used by the researcher was participatory observation to observe the penal mediation process, structured and semi-structured interviews using a prepared interview guide, documentation studies to analyze case files and policy documents, and data triangulation to ensure the validity and reliability of the data obtained. The research specifications used in this study are descriptive and analytical, providing a systematic and logical presentation and then analyzing it in order to examine materials from the literature, legislation, and legal norms applicable in Indonesia. Based on research findings, the effectiveness of restorative justice in handling minor crimes demonstrates significant effectiveness in various aspects of law enforcement and social recovery. Restorative justice not only improves the relationship between victims and perpetrators but also offers a more humane solution that focuses on recovery rather than mere punishment. Through this approach, victims have the opportunity to share their experiences directly with the perpetrators, which in turn allows perpetrators to understand the impact of their actions and demonstrate greater responsibility. The weaknesses of resolving minor crimes based on restorative justice, in this case, include the abuse being a condition and motivation for the parties involved in the process, the public's lack of understanding of investigators' authority to implement restorative justice, the community's minimal role as social control, and the cultural factors that influence the law's implementation. To address these weaknesses in resolving minor crimes based on restorative justice, restorative justice must be integrated into the criminal justice system through legal regulations governing the implementation of restorative justice at the police level
Analysis of the Implementation of the General Criminal Case Management System (Cms) in Supporting the Integration of the Integrated Criminal Justice System Based on Information Technology (Sppt-Ti) (Case Study of the Tanjung Pinang District Attorney's Office)
No full textThe advancement of information technology has encouraged law enforcement agencies to enhance the efficiency and effectiveness of their performance, one of which is through the implementation of the Criminal Case Management System (CMS). This system is designed to digitally manage case administration and support data integration within the Integrated Criminal Justice System Based on Information Technology (Integrated Criminal Justice System Based on Information Technology or SPPT-TI). This study aims to analyze the implementation of the Criminal CMS at the Tanjung Pinang District Prosecutor's Office in supporting SPPT-TI integration, identify the challenges faced, and provide recommendations for improvement. This research employs a descriptive qualitative method with a case study approach. Data were obtained through in-depth interviews with prosecutors and administrative staff, direct observation of CMS usage, and a review of relevant documents. Thematic analysis was applied to identify patterns, relationships, and emerging issues in the system's implementation. The findings reveal that the Criminal CMS at the Tanjung Pinang District Prosecutor's Office has been implemented in accordance with basic procedures and has positively contributed to accelerating case data processing, improving information accuracy, and facilitating coordination among law enforcement agencies. However, the implementation has not been fully optimized due to challenges such as limited network infrastructure, insufficient technical training, and uneven understanding of the system's functions among users. This study concludes that the Criminal CMS holds significant potential in supporting SPPT-TI integration. Nevertheless, successful implementation requires improvements in human resource capacity, technology infrastructure upgrades, and stronger inter-agency collaboration
Optimizing the Role of the Police in Providing Legal Certainty for Women Victims of Sexual Violence
No full textThe lack of evidence and witnesses is due to the victim's reluctance to report their case because it is still taboo and they think it will reveal their own family's shame, especially in cases related to sexual matters. For victims who want to report and the case meets the formal and material requirements, they often try to withdraw it, because they feel intimidated by various parties, which is full of the reality that occurs regarding the position of women as victims of sexual violence in the legal process. The paradigm of legal protection and legal certainty for women victims of sexual violence needs to be optimally embedded in the Police. The aim of this research is to determine and analyze (1) the nature of legal certainty for female victims of sexual violence in national legal products, (2) the role of the police in handling cases of sexual violence against women, and (3) the problems for the police in providing legal certainty for female victims of sexual violence. The approach used in this research is normative juridical. The research specifications are descriptive and analytical. The data sources used are secondary data. Secondary data is data obtained from library research, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the research results, the following conclusions can be drawn: (1) The Law on Sexual Violence Crimes covers various forms of sexual violence, such as rape, sexual harassment, domestic violence, and cyber-based sexual violence. Constitutionally, legal protection for women from acts of sexual violence is also accommodated in Article 28G of the 1945 Constitution of the Republic of Indonesia. (2) The Chief of the Indonesian National Police (Kapolri) has issued Regulation of the Chief of Police Number 10 of 2007 concerning the Organization and Work Procedures of the Women and Children Service Unit within the Indonesian National Police. The Women and Children Service Unit, abbreviated as the PPA unit, is a unit tasked with providing services in the form of protection for women and children who are victims of crime and law enforcement against the perpetrators. (3) Legal certainty is not difficult for women victims of sexual violence to obtain because in terms of legal construction, Indonesia has accommodated various legal products that have been produced through the Government's legal political efforts and the internal legal policies of law enforcement agencies in providing legal certainty and justice for women victims of sexual violence, both from the contextual provisions on the protection of women's rights, protection of women victims of sexual violence, and norms on the criminal responsibility of perpetrators of sexual violence against women
Analysis of the Enforcement of Dishonorable Discharge of Police Members Who Violate the Code of Ethics, as Seen in Police Regulation Number 7 of 2022
No full textAs a nation governed by law, the Indonesian National Police (Polri) holds the fundamental duty of maintaining security, public order, and enforcing the law. However, the high number of behavioral deviations, such as the involvement of individual officers in serious criminal acts (for example, assault resulting in death, as in the case within the jurisdiction of the Central Java Regional Police), marks a dark chapter that damages the institution's image and credibility in the public eye. This condition necessitates the application of the severest sanction, the Dishonorable Discharge (PTDH), as a mechanism for accountability. This study aims to analyze: 1) the mechanism for enforcing PTDH against Polri members who violate the code of ethics in accordance with Police Regulation Number 7 of 2022 (Perpol 7/2022); 2) the factors contributing to the occurrence of PTDH; and 3) the impact of PTDH sanction implementation on the image and public trust in the Polri institution. This research employs a normative juridical method (normative legal research), with a statute approach and a case approach. The research type is descriptive analytical, comprehensively examining prevailing laws and regulations (including Law No. 2 of 2002, Government Regulation No. 1 of 2003, and Perpol No. 7 of 2022) and their enforcement practices, with a case study in the jurisdiction of the Central Java Regional Police. The theoretical framework utilized includes the Theory of Legal Certainty, the Theory of Professional Ethics, and the Theory of Law Enforcement. The research findings indicate that the PTDH mechanism is strictly enforced, particularly for severe categories of the Polri Professional Code of Ethics (KEPP) violations, as defined in Article 17 paragraph (3) of Perpol 7/2022. The fundamental factors contributing to violations leading to PTDH are the abuse of power, the failure to internalize ethics and professionalism, and a "shortcut" mentality involving violence. Strict PTDH enforcement serves as a crucial self-cleansing mechanism. This highest sanction functions as a vital tool for accountability, image restoration, and deterrent effect. The consistent, fair, and transparent application of PTDH is tangible evidence of Polri's commitment to upholding integrity, legal certainty, and professionalism
Hubungan Kecerdasan Qalbu dan Tingkat Inteligensi dengan Keterampilan Interpersonal Mahasiswa Baru Universitas Islam Sultan Agung Semarang
No full textPenelitian ini bertujuan mengetahui hubungan kecerdasan qalbu dan Tingkat inteligensi dengan keterampilan interpersonal mahasiswa baru Universitas Islam Sultan Agung Semarang. Populasi berjumlah 2.629 mahasiswa, dengan sampel 347 orang berdasarkan rumus Slovin, namun partisipasi aktual berjumlah 100 orang melalui stratified random sampling.intsrumen meliputi Skala Keterampilan Interpersonal (27 item, α = 0,856), Skala Kecerdasan Qalbu (25 item, α = 0,856), dan CFIT. Analisis regresi menunjukan R = 0,567; F = 22,963; p 0,05). Temuan ini menunjukkan bahwa kecerdasan qalbu lebih berperan dibandingkan Tingkat inteligensi dalam meningkatkan keterampilan interpersonal mahasiswa baru. Penelitian ini diharapkan memberi gambaran faktor psikologis yang berperan dalam pengembangan keterampilan interpersonal serta menjadi dasar program pengembangan kecerdasan emosional-spiritual (qalbu) bagi mahasiswa bar
Implications of Legal Problems for Police Efforts to Eradicate Online Gambling Crimes
No full textAbstract. Many online gambling operators are based overseas, making national jurisdictions inadequate for effective legal proceedings. Extradition processes, requests for mutual legal assistance (MLA), and international cooperation are essential, but their implementation is not always smooth due to differences in legal systems and political interests between countries. Therefore, the government and the police need to take effective steps to prevent and stop online gambling practices in society. Based on this situation, efforts to address the problem of online gambling require effective criminal law policies. The purpose of this study is to determine and analyze (1) the dynamics of online gambling in Indonesia from the perspectives of legal sociology and positive law, (2) current police efforts to eradicate online gambling crimes, and (3) legal issues hindering police efforts to eradicate online gambling crimes. The approach used in this study is normative juridical. The research specifications are descriptive and analytical. The data sources used are 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 as follows: (1) Legal sociology considers that in the public's view, it is necessary to improve legal doctrine so that the public can understand the dangerous and destructive impacts of online gambling as well as legal doctrine on the effectiveness of law enforcement against the sources of the increase in online gambling itself. Modernization of law against online gambling is applied to legal products in Law Number 1 of 2024 concerning Electronic Information and Transactions. (2) Technically, the Police eradicate online gambling in collaboration with the Ministry of Communication and Digital, one of the efforts carried out by the National Police's Cyber Crime Directorate is to carry out formal supervision through cyber patrol techniques. The main purpose of carrying out formal supervision is to create a deterrent effect on criminals because the risk of being caught is high. One implementation of this strategy is in the form of the Cyber Patrol method carried out by Sub-Directorate 3 of the Cyber Crime Directorate of the National Police's Criminal Investigation Agency. (3) The Police need support from the government in the form of formulations from a legal and foreign policy perspective to further legitimize Police actions in reaching online gambling crime subjects located abroad. In many cases, online gambling servers or perpetrators' social media accounts are based abroad. When the data and perpetrators are in different jurisdictions, Indonesian authorities must go through a lengthy international cooperation mechanism
Analysis of the Implementation of the Royalty System for Song Playback in Coffee Shops Based on Copyright Law in Indonesia
No full textAbstract. The development of technology and digitalization has had a significant impact on the dynamics of the creation and distribution of intellectual works, such as music, books, designs, and software. In today's creative economy, creative works not only have aesthetic and cultural value but also have high economic value, making them one of the main sources of income for creators. In this context, the royalty system is an important instrument to provide compensation for the use of works, especially for commercial purposes. The large population in Indonesia has led to a variety of activities among Indonesians, one of which is playing and performing music, whether the performers are musicians directly or indirectly. The definition of song/music is basically slightly different but interrelated. A song is a musical unit consisting of a series of consecutive notes, each song is determined by the length, shortness, and pitch of the notes, and the rhythm also provides certain variations to a song. The song/music itself is a unified work of creation. The definition of creation according to Article 1 paragraph 3 of Law Number 28 of 2014 concerning Copyright is every creative work in the fields of science, art, and literature produced by inspiration, ability, thought, imagination, dexterity, skill, or expertise expressed in a tangible form. The development of an increasingly modern era, driven by the rapid advancement of information technology in the era of globalization, has brought major changes in various aspects of business ranging from investment, industry, to product marketing methods. This change is also followed by Intellectual Property in this case that is used in the process of product manufacturing and marketing. In the present era, the influence of globalization has touched almost all aspects of life, including the social, economic, and cultural fields. One of the most noticeable impacts is on the products of human thought and creativity, such as various works in the fields of science, art, and literature. Advances in digital technology make these works, including songs and music, easily disseminated and accessible to the wider community in various parts of the world. Many creative works are then used without permission or even pirated. Therefore, a clear legal protection system is needed to safeguard the rights of creators, performers, and other related rights holders. This protection is crucial to ensure that creators receive the recognition and compensation they deserve for their work
The Reconstruction of Legal Protection Regulations for Tourists Based on Justice Value
No full textThis research aimed to examine the legal protection available and to propose reconstruction of government regulations in legal protection for tourists in Mount Ciremai National Park in Indonesia based on the principles of justice. The methodology used was socio legal research analysis. The results showed that legal protection for tourists in Mount Ciremai National Park area was supported by Islamic law, specifically referenced in the Qur'an, Surah Al-Tawbah, verse 6, as well as by various Indonesian laws and regulations. These included Law on Tourism, Kuningan Regency Regional Regulation on Tourism Implementation, Majalengka Regency Regional Regulation on Tourism Implementation, and Law on Consumer Protection. Furthermore, the proposed reconstruction of government regulations included the inclusion of a new article in Law on Tourism. This article would hold tourism entrepreneurs legally accountable for any losses resulting from the negligence of service personnel or deficiencies in infrastructure at tourist attractions. The research outlined two key discoveries where regulations governing tourism were established under existing tourism laws. Although these laws provided legal protection for tourists, the regulations did not address compensation for losses caused by the mismanagement of tourist attractions. The inclusion of these provisions would significantly enhance the legal framework for safeguarding tourists
Augmented inquiry: developing ar-based media for spatial geometry in elementary schools
No full textMathematics learning on solid geometry topics in elementary schools still faces challenges in visualising abstract and spatial concepts. This study aimed to develop and examine the feasibility, practicality, and effectiveness of an Augmented Reality (AR) learning medium based on Inquiry Learning for fifth-grade elementary students on solid geometry material. This research employed the Research and Development (R&D) method. The research subjects consisted of two media experts, two subject-matter experts, two fifth-grade teachers, and 20 fifth-grade students at Purwosari Elementary School. Data collection instruments included expert validation questionnaires, teacher and student response questionnaires, and learning achievement tests administered through pretests and posttests. The results showed that the AR learning media was categorised as highly feasible by media experts with a percentage of 83.75% and by subject-matter experts with 88.33%. Teachers’ evaluations indicated a highly practical category with a percentage of 87.6%, while students’ responses showed a practical category with an average percentage of 75.60%. The effectiveness test revealed a significant improvement in learning outcomes, with a significance value of 0.000 (< 0.05) and an N-Gain score of 0.45, classified as moderate. The findings imply that AR-based Inquiry Learning media can serve as an innovative alternative to enhance students’ motivation, conceptual understanding, and mathematics learning outcomes in elementary schools
Mathematical literacy for slow learners: a review of access and quality of elementary school education
No full textThe 2030 Sustainable Development Goals (SDGs) on inclusive and equitable quality education have elevated inclusive education to a high priority in a global context. Mathematical literacy is not simply the ability to calculate, but a fundamental competency for individuals to fully participate in a modern, data-driven society. This study aims to analyse the equity and quality of the mathematical literacy learning process for slow-learning students. The research method used is qualitative. The type of research is phenomenological. The qualitative research design consists of three stages: orientation, focused exploration, and data analysis. Data collection techniques include interviews, observation, and documentation. The data analysis technique used is Miles and Huberman's data analysis, which is a systematic and interactive method for analysing qualitative data. The results of this study indicate that schools and curricula are not flexible enough to address the unique needs of each slow-learning student in learning mathematical literacy. This includes modifying the curriculum and learning strategies to suit their individual potential. Schools have not fully provided physical access or safe facilities for slow-learning students. Students tend to adapt to school. Assessments given to slow-learning students in summative assessments tend to be similar to those given to non-slow-learning students. Inhibiting factors include the lack of teacher competency development in assisting slow-learning students and limited facilities and teaching material for slow-learning students