Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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Role and Responsibility of The Command in Supervising Indonesian National Army Soldiers Against Excise Violations (Case Study of Kodim 0819/Pasuruan)
No full textThis research aims to analyze the role and command responsibility in supervising members of the Indonesian National Armed Forces (TNI) regarding customs violations, with a case study at the Military District Command (Kodim) 0819/Pasuruan. Previous research has examined customs violations from the perspectives of economic criminal law and fiscal policy; however, studies that specifically connect these issues with the internal military oversight mechanism remain limited. This research employs a juridical-sociological method. The method was chosen because it not only examines legal norms textually through statutory regulations, doctrines, and relevant judicial decisions but also observes how these norms are implemented in practice through interviews, field observations, and data analysis. This combined approach allows for a balanced analysis between normative and empirical aspects, ensuring that the research findings are scientifically accountable. The results show that the supervision of TNI personnel concerning customs violations at the regional level, such as within Kodim 0819/Pasuruan, constitutes a duty to act implemented within the framework of command and control (C2). This framework includes the refinement of the commander's intent, the strengthening of unity of command, reliable information flow, and a well-documented prevent–detect–correct mechanism. The effectiveness of this supervision depends on the integration between the positive legal framework (Law No. 34 of 2004 on the Indonesian National Armed Forces, Law No. 31 of 1997 on Military Courts, and the customs law regime) and risk-based operational instruments such as Standard Operating Procedures (SOPs), internal supervision (waskat), spot inspections, early-warning systems, interagency cooperation, and after-action reviews. Supervisory challenges are multidimensional, encompassing structural, regulatory, cultural, technical, forensic, human resource, and socio-economic factors. These conditions require a precisely designed and adaptive control and coordination system. The threshold of command accountability is measured through three elements of command responsibility: effective control, actual or constructive knowledge (knew or should have known), and failure to prevent or punish, which are evidenced by objective indicators such as consistency in duty rosters, leave permits outside the garrison, vehicle movement patterns, invoice–cargo discrepancies, financial anomalies, and ignored reports
Disparity in Sentencing in Domestic Violence Cases
No full textThe increasing prevalence of Domestic Violence cases in Indonesia demonstrates that such offenses within the domestic sphereconstituteaseriousissue that not only threatens social order and family dignity but also infringes upon fundamental human rights. Although Law Number 23 of 2004 on the Elimination of Domestic Violence provides a firm normative foundation for the enforcement of domestic violence laws, disparities in sentencing remain evident in practice, even among cases with similarcharacteristics. This phenomenon, known as sentencing disparity, refers to a condition in which judges impose different punishments forcomparableoffenses without objective and adequate justification. This study aims to analyze the judicial reasoning underlying court decisions in domestic violence cases and to identify the existence of sentencing disparities, particularly as reflected in the decisions of the Purwodadi District Court specifically Decision Number 124/Pid.Sus/2021/PN Pwd and Decision Number 56/Pid.Sus/2024/PN Pwd. Using a normative juridical research method through statutory and case approaches, this research examines the legal construction, evidentiary basis, juridical and non-juridical considerations, as well as the alignment of the decisions with the objectives of judgment and the principle of legal certainty. The findings reveal that although the two decisions sharesimilaritiesin offense elements, forms of physical violence, and evidentiary foundations, they differ significantly in the length of imprisonment imposed. This disparity is primarily influenced by variations in judicial assessments, degree of culpability, and the impact of their actions. Nevertheless, not all judicial considerations in these cases reflect a proper application of the principles of proportionality, consistency, and victim protection as mandated by the Domestic Violence Law. Consequently, comprehensive sentencing guidelines are urgently needed to ensure that decisions in domestic violence cases uphold legal certainty, substantive justice, and optimal protection for victims
Optimization of the Implementation of Legal Provisions Related to Turning on Motor Vehicle Lights During the Day to Reduce Motor Vehicle Accidents in the Polda Metro Jaya Area
No full textThe rate of motor vehicle accidents in traffic is increasing, one of the efforts of the Polda Metro Jaya is to ensure the implementation of the obligation of motorcyclists to turn on their lights during the day. The implementation of the obligation of motorcyclists to turn on their lights during the day in reality is still not optimally carried out by motorcyclists in traffic, this ultimately becomes one of the causes of traffic accidents. This study aims to analyze and describe the optimization of the implementation of legal provisions regarding turning on motor vehicle lights during the day in reducing accidents in the DKI Jakarta area today. To analyze and describe the obstacles and solutions in the problem of implementing legal provisions regarding turning on motor vehicle lights during the day in reducing accidents in the DKI Jakarta area. The research in this thesis is descriptive qualitative. Qualitative descriptive research is a research method that attempts to describe and interpret objects as they are, with the goal of systematically depicting the facts and characteristics of the research object accurately. This allows for further analysis based on the data or materials obtained. Based on the research results, it can be seen that Optimization of the implementation of legal provisions regarding turning on motor vehicle lights during the day in reducing accidents in the DKI Jakarta area has not been implemented optimally, this is proven by the fact that throughout 2024, there were 67 cases of motorcycle accidents due to drivers who drove abnormally, drivers from 43 of these cases stated that when driving they did not concentrate and did not see motor vehicles from other directions and motor vehicles that were overtaking. Obstacles in the implementation of legal provisions regarding turning on motor vehicle lights during the day to reduce accidents in the DKI Jakarta area are in the form of legal obstacles in the form of there are no implementing regulations yet Article 107 paragraph (2) of the Republic of Indonesia Law Number 22 of 2009 concerning Comprehensive Road Traffic and Transportation
Roman Ingarden's Analysis of the Poem "Nietzsche adan Perempuan Berhati Pos Ronda" by Beni Satryo
Get PDFThe development of poetry in the contemporary era shows an increasingly rapid creative value, especially through the contribution of young poets who actively utilize social media as a platform to display their literary works. This phenomenon not only creates diversity in the genre of poetry, but also presents a unique perspective on social reality. This research aims to describe the structure of poetry in Beni Satryo's poem entitled "Nietzsche and the Woman with the Heart of Pos Ronda" according to Roman Ingarden's normative strata. This research uses a qualitative descriptive approach, collecting data using the literature study method with the technique of simak catat. The data is studied with an objective approach and presented descriptively. The results show that the poem "Nietzsche and the Woman with the Heart of the Ronda Post" describes the sadness and twists and turns of a widow's life, reflecting the views of a society that undervalues the role of women in social life
Formulation of Settlement of Criminal Cases of Drug Addicts by Prosecutors Using a Restorative Justice Approach
No full textAbstract. Attorney General's Guideline Number 18 of 2021 concerning the Settlement of Narcotics Abuse Criminal Cases Through Rehabilitation with a Restorative Justice Approach as Implementation of the Principles Mr. Litis Prosecutor. This Prosecutor's Guide emphasizes restorative justice, prioritizing rehabilitation over incarceration for drug users. The purpose of this study is to analyze and identify the current approach to drug addiction cases handled by prosecutors. To analyze and identify weaknesses in the current approach to drug addiction cases handled by prosecutors. To identify a formulation for resolving drug addiction cases by prosecutors using a restorative justice approach. This thesis is written using the theory of restorative justice, the theory of legal systems and progressive legal theory, the sociological juridical approach method, the research specifications are descriptive analysis, the data sources consist of primary data and secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection techniques through observation and interviews. The results of the study show that the resolution of drug addict criminal cases by prosecutors is currently guided by Guideline Number 18 of 2021, which is a new reference for public prosecutors to optimize the resolution of drug abuse criminal cases through rehabilitation with a restorative justice approach as an implementation of the principle the owner of the suit Prosecutors. There needs to be alignment and harmonization between these guidelines and various laws and regulations. Weaknesses in the legal structure include limited human resources, very limited availability of rehabilitation facilities, and a lack of operational funds. Weaknesses in the legal substance include the unclear norms of Narcotics Law Number 35 of 2009 concerning narcotics, and the absence of a law that explicitly authorizes the prosecutor's office to carry out rehabilitative measures at the prosecution stage. Weaknesses in the legal culture include a lack of public knowledge about rehabilitation, users' fear of being imprisoned, and concerns about family reputation. The formulation of drug addict criminal cases by prosecutors using a restorative justice approach, namely through alignment and harmonization between Prosecutor's Guideline Number 18 of 2021 concerning the Settlement of Narcotics Abuse Criminal Cases Through Rehabilitation and a Restorative Justice Approach as the Implementation of the Principles Mr. Litis with the Criminal Procedure Code
Formulation of Hospital Legal Responsibility in Sexual Violence Cases Based on Legal Certainty
No full textAbstract. Sexual violence in hospitals is a serious legal violation that can violate the human right to a sense of security. Hospitals, which should be places of healing and recovery for patients who come to their place, have instead become places where sexual violence occurs that threaten human dignity and violate the law. Research objectives: To identify and analyze the weaknesses of hospital legal accountability, the formulation of hospital legal accountability in cases of sexual violence based on Legal Certainty. This legal research method is a social legal research design with a legislative approach method, a case approach method, and a comparative approach method. The legislative approach method is an approach method that refers to current laws and regulations. The case approach method is by conducting a review of cases of sexual violence that occurred in hospitals. The comparative method is used to compare laws and regulations and decisions from hospital management. Research results: Hospitals are required to have anti-sexual violence SOPs, professional codes of ethics, reporting mechanisms, investigation mechanisms, mediation mechanisms, and settlement decisions. Establishment of patient and employee protection units. Legal proceedings against perpetrators and negligent parties. Medical, psychological, legal, and rehabilitation services. The hospital has moral and legal responsibility towards the individual victim
Policy on Implementing the Results of Facial Recognition Examination to Support the Disclosure of Criminal Acts with Minimal Fingerprint Evidence
No full textAbstract. Modern law enforcement requires technological support capable of strengthening criminal investigations, particularly when conventional evidence such as fingerprint traces is unavailable or insufficient. One of the recurring challenges in criminal investigations is the absence of fingerprint evidence, which has long served as a primary tool for identifying perpetrators. This study aims to analyze the policy implementation of facial recognition examination in supporting the disclosure of criminal acts with minimal fingerprint evidence, using a case study of forgery and land embezzlement reported under Police Report Number LP/B/24/I/2024/SPKT/BARESKRIM POLRI dated January 19, 2024. This research employs a normative-empirical legal method with a qualitative descriptive approach. Primary and secondary legal materials are analyzed using the theory of legal certainty and the legal system theory to evaluate the legality, effectiveness, and challenges surrounding the use of facial recognition technology in criminal justice proceedings. The findings indicate that facial recognition plays a strategic role in directing investigations when fingerprint evidence is absent and successfully revealed the actual identity of the individual impersonating the rightful landowner in this case. However, facial recognition cannot serve as a standalone primary evidence; instead, it functions as supplementary indicative evidence that must be corroborated with other lawful evidence in accordance with the Criminal Procedure Code (KUHAP) and the Electronic Information and Transactions Law. This study concludes that the use of facial recognition in criminal investigations represents a significant advancement in digital evidence, yet it still encounters challenges involving the absence of specific regulations, potential algorithmic bias, and concerns regarding personal data protection. Therefore, clear regulatory frameworks, national forensic standards, and capacity-building for law enforcement officers are essential to ensure that this technology is applied accountably and in accordance with the principle of legal certainty
Teachers’ knowledge and implementation of inquiry-based-learning in elementary science education: a phenomenological study in indonesia
No full textScience education in Indonesian elementary schools currently faces significant challenges in fostering students' critical and scientific thinking skills and positioning them as active learning subjects. A key contributing factor is teachers' insufficient knowledge regarding the effective implementation of Inquiry-Based Learning (IBL), which consequently diminishes student engagement. This phenomenological study, utilising a qualitative approach, investigates elementary school teachers' understanding of IBL and analyses its practical application in science classrooms. Data were gathered through open-ended questionnaires, interviews, and literature review, involving 74 in-service teachers distributed across Indonesia's Western, Central, and Eastern regions. The findings reveal significant conceptual gaps among teachers. Particularly, teachers demonstrated a limited and often inaccurate understanding of IBL's core principles, indicating prevalent misconceptions. This knowledge deficit critically hinders the effective implementation of IBL in science instruction. Furthermore, the study identified pronounced disparities in IBL knowledge between teachers in the Western, Central, and Eastern regions, highlighting distinct regional inequities. The study emphatically concludes that the systemic integration of IBL into elementary science education is imperative. Achieving this necessitates targeted professional development programs specifically designed to address the identified knowledge gaps and regional disparities among teachers
Expert Evidence and Competence Standards in Indonesian Criminal Procedure: Revisiting KUHAP, the Draft KUHAP, and Law No. 2 of 2017
No full textThe role of experts in the criminal justice system constitutes an important instrument for ensuring objectivity in the evidentiary process; however, regulatory ambiguities remain concerning the limits of expert authority, certification requirements, regulatory synchronization, and legal protection within the Criminal Procedure Code, the Draft Criminal Procedure Code, and Law Number 2 of 2017 on Construction Services. This study aims to examine the position and role of experts in Indonesian criminal law based on these regulations in order to provide greater legal certainty and enhanced protection for expert witnesses. The research employs a normative juridical method using statutory and comparative approaches. The findings reveal persistent ambiguities across the examined regulations, including the absence of clear provisions defining the scope of expert authority in criminal proceedings, uncertainty regarding the function of experts in providing technical recommendations, unclear requirements for special certification particularly in cases where experts possess practical expertise without formal certification the lack of synchronization between KUHAP, RUU-KUHAP, and the Construction Services Law. The study underscores the need for clearer, harmonized regulations governing expert testimony to ensure legal certainty, professional accountability, and effective protection for experts within Indonesia’s criminal justice system
EFEKTIVITAS MEDIA PEMBELAJARAN BERBASIS ADOBE CAPTIVATE TERHADAP KEMAMPUAN PEMECAHAN MASALAH MATEMATIKA
No full textPenelitian ini bertujuan untuk mengetahui efektivitas penggunaan media pembelajaran berbasis Adobe Captivate terhadap kemampuan pemecahan masalah matematika siswa. Penelitian menggunakan pendekatan kuasi eksperimen dengan desain one group pretest-posttest design. Subjek penelitian adalah siswa kelas VIIIA MTs NU 11 Kisabariman yang berjumlah 21 siswa. Instrumen penelitian berupa tespemecahan masalah matematika dan angket respon siswa. Analisis data dilakukan menggunakan uji paired sample t-test dengan bantuan SPSS. Hasil penelitian menunjukkan adanya peningkatan signifikan kemampuan pemecahan masalah setelah pembelajaran menggunakan media berbasis Adobe Captivate. Dengan demikian, media ini efektif digunakan dalam meningkatkan kemampuan pemecahan masalah matematika siswa