Portal Jurnal Universitas Islam Sultan Agung (UNISSULA)
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Critical Analysis of The Election of The General Chairman of The National Sports Committee (KONI) of West Sumatra Province : Democracy And Transparency Perspective
No full textAbstract. The election of the General Chairperson of the National Sports Committee (KONI) Province is a provision of Article 41 of Law Number 11 of 2022 concerning Sports which is specifically regulated in the KONI AD/ART.The election of the General Chairperson of the West Sumatra KONI (Indonesian National Sports Committee) was conducted in accordance with the principles of democracy and transparency. The problems the author discusses in this research are: First, how is the mechanism for selecting the General Chairperson of the KONI of West Sumatra Province from a democratic and transparent perspective? Second, what is the ideal model for selecting the General Chairperson of the KONI of West Sumatra Province from a democratic and transparent perspective?. This research is a normative legal study. Data sources in normative legal research only use secondary data, namely primary legal materials, secondary legal materials, and tertiary legal materials. Based on the results of the research and discussion, it can be concluded that, first,Election of the General Chairperson of the KONI of West Sumatra Provinceaccording to ULaw Number 11 of 2022 concerning Sports, was foundshortcomings in the implementing regulations in perspectivedemocracy and transparency. Second,the ideal model for electing the General Chairperson of the KONI of West Sumatra Provincefrom the perspective of democracy and transparency that at the nomination stage for the General Chairperson of the KONI of West Sumatra Province, the administrative requirements must be met and the competency test must be passed, and at the election stage for the General Chairperson of the KONI of West Sumatra Province, voting must be carried out even if there is only 1 (one) candidate for General Chairperson of the KONI of West Sumatra
Legal Analysis of The Resolution of The Criminal Act of Assassination Of a Minors Through Diversion Legal Effort at The Demak Resort Police Office
No full textAbstract. Children as creatures who are still in the growth and development stage are very vulnerable to committing acts that they think are normal, but in reality, the acts committed by children are included in the category of criminal acts, one of which is assault. This study aims to determine and analyze the efforts of the Demak Resort Police in resolving criminal acts of assault on minors and the obstacles and solutions of the Demak Resort Police in resolving criminal acts of assault on minors. The approach used is empirical juridical, with descriptive analytical research specifications. The data used are primary and secondary data. The theory used in this research is the Pancasila theory of justice. The results of the study indicate that the efforts of the Demak Resort Police in resolving the crime of assaulting minors through diversion are in accordance with the provisions of Law Number 11 of 2012 concerning the Child Criminal Justice System. The diversion process involves all, namely the victim's family, the perpetrator's family, Bapas, namely through deliberations involving children and their parents/guardians, victims and/or their parents/guardians, community counselors, based on a restorative justice approach. The obstacles of the Demak Police in resolving the crime of assaulting minors include the lack of understanding of investigators about diversion and restorative justice, not all units have child-friendly spaces and special investigators for children, and minimal cooperation with schools, DP3A, or children's social institutions. Then the solution is training and capacity building for child investigators regarding the SPPA Law and the restorative approach, providing special facilities for children and establishing a child protection unit at the Police and strengthening partnerships with related agencies for further guidance and victim recovery
The Role of the Prosecutor's Office in Terminating Prosecution of Drug Addicts Using a Restorative Justice Approach
No full textThe purpose of this study is to examine and analyze the role of the Prosecutor's Office in terminating the prosecution of drug addicts using a restorative justice approach. to examine and analyze the weaknesses of terminating the prosecution of drug addicts using a restorative justice approach. to examine and analyze the future enforcement of the law on terminating the prosecution of drug addicts using a restorative justice approach. The method of approach in this study is normative legal research. Normative legal research is research that uses methods that refer to legal norms contained in laws and court decisions. Terminating the prosecution of drug addicts using a restorative justice approach requires a central role for the Prosecutor's Office in directing addicts to recovery based on medical and social assessments, but its effectiveness is still hampered by weaknesses in the structure, substance, and legal culture described by Friedman, such as suboptimal institutional coordination, unclear legal basis, limited rehabilitation facilities, and the stigma of officials and society who still view addicts as criminals; In the future, this policy will be increasingly important because drug addiction is understood as a public health issue, so strengthening regulations, the capacity of officers, rehabilitation facilities, post-rehabilitation supervision, and the transformation of legal culture will be the keys to success, supported by the role of families and communities in eliminating stigma, so that the criminal justice system can move towards a more effective, humane recovery approach, and in line with the objectives of protecting addicts in the Narcotics Law
Legal Study of Consumer Legal Protection Against the Practice of Importing and Buying Used Clothing (Thrift) from a Criminal Law Perspective
No full textClothing is a basic human need, requiring clothing to cover and protect oneself in every activity. In today's globalized world, people are increasingly drawn to imported second hand clothing, particularly among the middle class. The purpose of this study is to examine the legal prohibition of imported second hand clothing, but in practice, it continues to operate freely. Furthermore, these businesses fail to communicate honestly about the condition of the goods they sell. Some even resort to deception and exploit consumer weaknesses. This practice contradicts the principle of legal certainty and consumer protection theory. This research employs a normative juridical approach and employs descriptive analytical research. The author concludes that manufacturers or business actors are responsible for ensuring that the products or services they produce or provide comply with the terms and conditions stipulated in the Consumer Protection Law. Thrift clothing is highly sought after by Indonesians, as it is perceived to be of comparable quality to new clothing while remaining affordable. This is one factor contributing to the high number of thrift clothing imports in Indonesia
The Urgency of Implementing in Absentia Decisions in Corruption Crimes Based on Legal Certainty
No full textThis research aims toto know and analyze the weaknesses of the implementation of in absentia decisions in corruption cases, as well as to analyze the urgency of implementing in absentia decisions in corruption cases based on legal certainty. The type of normative legal research. Based on the research, it is concluded that in absentia decisions in corruption cases, examinationand the decision against the defendant without his physical presence, even though a valid summons had been issued, failure to appear without reason. Examination and decisionThe courts continue to provide legal certainty, provide a deterrent effect, and ensure the recovery of state assets, especially in extraordinary crimes such as corruption, money laundering, and fisheries. The urgency of an in absentia decision regarding the theory of legal certainty, even though the decision is in absentia, is still implemented to realize justice and effective law enforcement against perpetrators of criminal acts who have fled, as well as recover state losses, so that even though the defendant is decided in absentia, the state is not harmed due to the inability to present the defendant in court
The Urgency of Reformulation of Lending And Use of Confiscation Objects in Criminal Cases
No full textThis study examines the urgency of reformulating the rules regarding the temporary borrowing of confiscated objects in Indonesian criminal procedure law. The background to this research is the lack of regulations governing the mechanism for the temporary borrowing of confiscated objects, thus creating legal uncertainty for both law enforcement officers and the legitimate owners of the goods. This study aims to analyze the regulations on confiscation and borrowing, identify legal and practical issues, and describe the urgency of reformulating the rules on borrowing as part of the renewal of criminal procedure law. The method used is sociological juridical, with primary data consisting of interviews and official documents from law enforcement agencies, as well as secondary data from books, journals, laws, and related legal documents. The analysis was conducted using descriptive qualitative methods to describe field practices and relate them to applicable legal norms. The research findings indicate that current regulations are inadequate and create practical problems, including a lack of legal certainty, transparency, and accountability, as well as the risk of damage or loss of confiscated items. Reformulation of the rules for the use of confiscated objects is considered urgent to ensure legal certainty, protect owner rights, harmonize institutions, and ensure the accountability of law enforcement officials. Implementation of clear regulations is expected to improve the integrity of evidence, prevent misuse, and strengthen public trust in the Indonesian criminal justice system
Implementation of Restorative Justice in the Investigation Stage of Child Crimes in the Police
No full textThe research objectives in this study: 1) to find out and analyze how the application of restorative justice at the stage of investigation of juvenile crimes in the police today; 2) To find out and analyze what are the weaknesses of the application of restorative justice at the stage of investigation of juvenile crimes in the police today. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of legal objectives, legal protection theory, and restorative justice theory. The results of the study conclude that: 1) The application of restorative justice at the stage of investigation of juvenile crimes in the police is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Police Regulation concerning Restorative Justice, namely the settlement of juvenile cases outside the criminal court which emphasizes the restoration of the original state by emphasizing the conditions for creating justice and balance for children and their victims; 2). Weaknesses in the application of restorative justice during the investigation stage of juvenile crimes in the police can be classified into legal substance, human resources, family/community, facilities and infrastructure. Diversion and restorative justice in resolving juvenile criminal cases should be applied based on the principle of the best interests of the child, the child's survival and development.The research objectives in this study: 1) to find out and analyze how the application of restorative justice at the stage of investigation of juvenile crimes in the police today; 2) To find out and analyze what are the weaknesses of the application of restorative justice at the stage of investigation of juvenile crimes in the police today. This study uses a normative juridical approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using the theory of legal objectives, legal protection theory, and restorative justice theory. The results of the study conclude that: 1) The application of restorative justice at the stage of investigation of juvenile crimes in the police is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Police Regulation concerning Restorative Justice, namely the settlement of juvenile cases outside the criminal court which emphasizes the restoration of the original state by emphasizing the conditions for creating justice and balance for children and their victims; 2). Weaknesses in the application of restorative justice during the investigation stage of juvenile crimes in the police can be classified into legal substance, human resources, family/community, facilities and infrastructure. Diversion and restorative justice in resolving juvenile criminal cases should be applied based on the principle of the best interests of the child, the child's survival and development
Protection of Children as Perpetrators in Criminal Acts of Narcotics Abuse: a Case Study at the Pasuruan District Prosecutor's Office
No full textThis study examines legal protection for children as perpetrators of drug abuse crimes at the Pasuruan District Attorney's Office. Children are viewed as a vulnerable group requiring special treatment in the criminal justice system. The study employed an empirical juridical approach with primary data through interviews and secondary data from laws and regulations and academic literature. The results indicate that legal protection is provided through diversion and rehabilitation, particularly for cases with little evidence. The main obstacles include limited legal norms (a criminal sentence of more than seven years limits diversion), a lack of rehabilitation facilities, and a repressive paradigm of the authorities. The solutions adopted are inter-institutional coordination, the implementation of restorative justice, and strengthening the role of the community. Going forward, regulatory reforms, increased capacity of officials, and child rehabilitation facilities are needed so that legal protection is more preventive, rehabilitative, and restorative in accordance with the principle of the best interest of the child
Legal Analysis of the Just Sentencing of Aggravated Theft Perpetrators in the Scope of a House Yard: A Study of Decision Number 42/Pid.B/2024/PN Mgg
No full textThe history of Indonesian criminal law is rooted in colonialism and still relies on the Criminal Code as the basis for regulating social life. However, sentencing often places more emphasis on formal legal certainty than on substantive justice. A study of Decision Number 42/Pid.B/2024/PN Mgg concerning aggravated theft in a yard shows that although the elements of the crime are met, humanitarian aspects such as the defendant's socio-economic condition and the victim's minimal losses are under-appreciated. This raises questions about the relevance of implementing restorative justice in criminal justice practice. This study aims to analyze whether the decision reflects both formal and substantive justice and proposes a more humane, reconciliation-based, and social recovery-oriented sentencing concept
Application of Digital Forensics as an Investigation System Cybercrime
No full textThe purpose of this research is toknowing and analyzinglegal procedures for digital forensic efforts in the investigation stage of cybercrimeIn this paper, the author uses a normative juridical method with descriptive analysis as the research specification. The function of digital evidence in some cybercrime cases is indeed very complex. The use of digital evidence also often raises debate. The digital forensic testing that must be present to support this digital evidence also still lacks legal certainty. Proving using electronic evidence in special criminal cases that are specifically regulated by law as one of the valid evidence does indeed guarantee legal certainty compared to the use of electronic evidence. However, the question remains about the legality of the results of digital forensic testing presented in court as evidence. Another debate that often arises relates to the process of testing electronic evidence, the process of maintaining electronic evidence, and the often debated ability of a digital forensic expert to conduct electronic evidence testing because a series of these processes have not been regulated in more detail