Hadi Purnomo - Academia.edu (original) (raw)
Papers by Hadi Purnomo
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018), 2018
International Journal of Criminology and Sociology, 2020
This research was a case study presenting a red notice that was suspected of being false against ... more This research was a case study presenting a red notice that was suspected of being false against fugitive Djoko Tjandra by two police generals at the State Police of the Republic of Indonesia. This was a case study research and the research approach method was qualitative. Creswell defines the qualitative method as a research method based on a constructive perspective, that is various meanings; meanings that are constructed socially and historically to develop a theory or pattern. The researchers collected and developed open data, intending to develop themes from the data obtained. The results of the study, based on the exposure to the case analysis, it is suspected that there has been an abuse of power against the power and authority of the state institution of the Indonesian National Police. The researchers suggested that it is better if the legislators of the laws and regulations of the Police of the Republic of Indonesia think about it whether operational accountability is appro...
Scholars International Journal of Law, Crime and Justice, 2020
The phenomenon of crime from time to time shows an increasing trend in graph, both in quantity an... more The phenomenon of crime from time to time shows an increasing trend in graph, both in quantity and quality, but such increase is not balanced with the ability to resolve the crimes. The average ability of the investigators to resolve crimes that occur is approximately only 47%. Law enforcement for various types of crimes is generally carried out through the mechanisms or procedures that are regulated in the Criminal Procedure Code, namely through the Criminal Justice System (SPP). This is as a result of using positivistic paradigm in the law enforcement. Law is only understood as a mere law. Therefore, in resolving criminal cases, the figure of police, who not only understand the text of rules of law but also the contextual aspects of case, is necessary. Such police figure can be referred to as Progressive Police, namely police who are willing to think and act out of the box so that they are not confined to rules (rule bounded). In Riau Islands, contextual crimes frequently occur so that they need to be handled contextually by the police. The actions are carried out through restorative justice, specifically through the Partnership Forum of Police and Society (FKPM). This study was conducted to elaborate the characteristics of Progressive Police and create "police gentlement" so as to be able to solve contextual crimes through restorative justice.
Policy, Law, Notary and Regulatory Issues, Jan 29, 2024
The phenomenon of premeditated murder represents a grave criminal offense involving the intention... more The phenomenon of premeditated murder represents a grave criminal offense involving the intentional taking of another person's life through meticulous planning. At the core of any event lies a causal relationship, a fundamental concept known as causality. Causality, in the context of criminal investigations, refers to the cause-and-effect relationship applied to discern the primary factors leading to specific consequences. This research seeks to address the intricate nature of causality within the crime of premeditated murder, particularly examining the series of events identified by law enforcement officials as indicative of a causal relationship. The central challenge in this research pertains to unraveling the specific series employed by law enforcement as a foundation for establishing causality in cases of premeditated murder. Furthermore, the study delves into the question of how responsibility for the criminal act committed by Jessica Kumala Wongso against Victim Wayan Mirna Salihin is attributed based on the principles of causality. Investigating these aspects will contribute to a more comprehensive understanding of the legal mechanisms used to identify and assign accountability in cases of premeditated murder.
International Journal of Membrane Science and Technology
In the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code, the princi... more In the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code, the principle of legality is formulated differently from the basic idea of the colonial one. The Indonesian criminal law system adheres to the principle of legality with a prohibition on the use of analogical legal interpretation. The question is, what about our new Criminal Code? In this study, the type of legal research used was a sociological juridical approach. Primary data was obtained from data sources in the field. Secondary data was obtained from primary legal material of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code and related laws and regulations, as well as from books and other legal research journals. Reforming criminal law with a balance between formal legality and material legality is expected to create a criminal system that considers justice and legal benefits in addition to legal certainty. Based on the findings, this can be concluded. The concept...
Various cases of defamation lately often occur, especially those carried out through cyberspace. ... more Various cases of defamation lately often occur, especially those carried out through cyberspace. The various cases have raised opinions from some people who consider the articles on the offense of defamation contrary to the spirit of reform that upholds freedom of opinion and expression. From this background, this study aims to determine and understand the policy of criminalization of defamation offenses in Indonesia. This research is a normative legal research using secondary data sources in the form of primary, secondary and tertiary legal materials. Legal material is obtained through the study of documents or literature. While the approach used is the legal and philosophical approach. The collected legal materials were analyzed qualitatively, comprehensively and completely. From the analysis conducted, two conclusions are obtained. First, the basis for the justification of the crime of defamation of defamation is moral theory and individualistic liberal theory. The criminalizatio...
Jurnal Ius Constituendum, 2021
Artikel ini bertujuan untuk menganalisis bagaimana ketentuan tindak pidana hoaks dalam sistem huk... more Artikel ini bertujuan untuk menganalisis bagaimana ketentuan tindak pidana hoaks dalam sistem hukum di Indonesia, dan bagaimana terjadinya inkonsistensi dalam upaya penegakan hukum tindak pidana hoaks di Indonesia. Akhir-akhir ini dunia media sosial terus dibanjiri kritikan terhadap pola penegakan hukum di era presiden Jokowi. Satu tahun pasca menjabat di periode kedua ini perjalanan penegakan hukum dipandang lamban, tebang pilih dan masih terus menuai polemik. Polemik yang menjadi penyebab adalah hukum dijalankan masih dengan cara-cara lama, tebang pilih terhadap pelaku tindak pidana dan penerapan pasal yang terkesan dipaksakan. Salah satu upaya penegakan hukum yang terus menuai kontra adalah penanganan tindak pidana hoaks yang masih tebang pilih. Metode penelitian yang digunakan dalam penelitian ini penelitian hukum normatif. Kesimpulan dari penelitian ini adalah bahwa ketentuan hoaks dalam KUHP dan UU ITE jelas telah tercantum dan secara normatif hoaks tidak sama dengan kritikan....
Jurnal Ilmiah Ekonomi Islam, 2021
Indonesia's bureaucratic administration is quite famous for its complexity. Starting from the... more Indonesia's bureaucratic administration is quite famous for its complexity. Starting from the procedures it is long and many of them, so the service that is less efficient in serving many people. Nowadays, until technology enters the modern era in driver’s licence management, services are still not optimal, because technology is only limited to being glanced at without being touched and considered to be improved to control service efficiency. Brokers are here to sneak in, offering convenience, speed to prospective driver’s licence applicants, so that transactions can be made between them. However, this incident made it unclear for the community. On the other hand, the actions of brokers are very helpful for driver’s licence applicants in their management. With the phenomenological qualitative methodology, it will be illustrated that the contract exists between the two parties (brokers and service users), because the clarity of a contract is the most important thing to tie cooper...
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018), 2018
International Journal of Criminology and Sociology, 2020
This research was a case study presenting a red notice that was suspected of being false against ... more This research was a case study presenting a red notice that was suspected of being false against fugitive Djoko Tjandra by two police generals at the State Police of the Republic of Indonesia. This was a case study research and the research approach method was qualitative. Creswell defines the qualitative method as a research method based on a constructive perspective, that is various meanings; meanings that are constructed socially and historically to develop a theory or pattern. The researchers collected and developed open data, intending to develop themes from the data obtained. The results of the study, based on the exposure to the case analysis, it is suspected that there has been an abuse of power against the power and authority of the state institution of the Indonesian National Police. The researchers suggested that it is better if the legislators of the laws and regulations of the Police of the Republic of Indonesia think about it whether operational accountability is appro...
Scholars International Journal of Law, Crime and Justice, 2020
The phenomenon of crime from time to time shows an increasing trend in graph, both in quantity an... more The phenomenon of crime from time to time shows an increasing trend in graph, both in quantity and quality, but such increase is not balanced with the ability to resolve the crimes. The average ability of the investigators to resolve crimes that occur is approximately only 47%. Law enforcement for various types of crimes is generally carried out through the mechanisms or procedures that are regulated in the Criminal Procedure Code, namely through the Criminal Justice System (SPP). This is as a result of using positivistic paradigm in the law enforcement. Law is only understood as a mere law. Therefore, in resolving criminal cases, the figure of police, who not only understand the text of rules of law but also the contextual aspects of case, is necessary. Such police figure can be referred to as Progressive Police, namely police who are willing to think and act out of the box so that they are not confined to rules (rule bounded). In Riau Islands, contextual crimes frequently occur so that they need to be handled contextually by the police. The actions are carried out through restorative justice, specifically through the Partnership Forum of Police and Society (FKPM). This study was conducted to elaborate the characteristics of Progressive Police and create "police gentlement" so as to be able to solve contextual crimes through restorative justice.
Policy, Law, Notary and Regulatory Issues, Jan 29, 2024
The phenomenon of premeditated murder represents a grave criminal offense involving the intention... more The phenomenon of premeditated murder represents a grave criminal offense involving the intentional taking of another person's life through meticulous planning. At the core of any event lies a causal relationship, a fundamental concept known as causality. Causality, in the context of criminal investigations, refers to the cause-and-effect relationship applied to discern the primary factors leading to specific consequences. This research seeks to address the intricate nature of causality within the crime of premeditated murder, particularly examining the series of events identified by law enforcement officials as indicative of a causal relationship. The central challenge in this research pertains to unraveling the specific series employed by law enforcement as a foundation for establishing causality in cases of premeditated murder. Furthermore, the study delves into the question of how responsibility for the criminal act committed by Jessica Kumala Wongso against Victim Wayan Mirna Salihin is attributed based on the principles of causality. Investigating these aspects will contribute to a more comprehensive understanding of the legal mechanisms used to identify and assign accountability in cases of premeditated murder.
International Journal of Membrane Science and Technology
In the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code, the princi... more In the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code, the principle of legality is formulated differently from the basic idea of the colonial one. The Indonesian criminal law system adheres to the principle of legality with a prohibition on the use of analogical legal interpretation. The question is, what about our new Criminal Code? In this study, the type of legal research used was a sociological juridical approach. Primary data was obtained from data sources in the field. Secondary data was obtained from primary legal material of Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code and related laws and regulations, as well as from books and other legal research journals. Reforming criminal law with a balance between formal legality and material legality is expected to create a criminal system that considers justice and legal benefits in addition to legal certainty. Based on the findings, this can be concluded. The concept...
Various cases of defamation lately often occur, especially those carried out through cyberspace. ... more Various cases of defamation lately often occur, especially those carried out through cyberspace. The various cases have raised opinions from some people who consider the articles on the offense of defamation contrary to the spirit of reform that upholds freedom of opinion and expression. From this background, this study aims to determine and understand the policy of criminalization of defamation offenses in Indonesia. This research is a normative legal research using secondary data sources in the form of primary, secondary and tertiary legal materials. Legal material is obtained through the study of documents or literature. While the approach used is the legal and philosophical approach. The collected legal materials were analyzed qualitatively, comprehensively and completely. From the analysis conducted, two conclusions are obtained. First, the basis for the justification of the crime of defamation of defamation is moral theory and individualistic liberal theory. The criminalizatio...
Jurnal Ius Constituendum, 2021
Artikel ini bertujuan untuk menganalisis bagaimana ketentuan tindak pidana hoaks dalam sistem huk... more Artikel ini bertujuan untuk menganalisis bagaimana ketentuan tindak pidana hoaks dalam sistem hukum di Indonesia, dan bagaimana terjadinya inkonsistensi dalam upaya penegakan hukum tindak pidana hoaks di Indonesia. Akhir-akhir ini dunia media sosial terus dibanjiri kritikan terhadap pola penegakan hukum di era presiden Jokowi. Satu tahun pasca menjabat di periode kedua ini perjalanan penegakan hukum dipandang lamban, tebang pilih dan masih terus menuai polemik. Polemik yang menjadi penyebab adalah hukum dijalankan masih dengan cara-cara lama, tebang pilih terhadap pelaku tindak pidana dan penerapan pasal yang terkesan dipaksakan. Salah satu upaya penegakan hukum yang terus menuai kontra adalah penanganan tindak pidana hoaks yang masih tebang pilih. Metode penelitian yang digunakan dalam penelitian ini penelitian hukum normatif. Kesimpulan dari penelitian ini adalah bahwa ketentuan hoaks dalam KUHP dan UU ITE jelas telah tercantum dan secara normatif hoaks tidak sama dengan kritikan....
Jurnal Ilmiah Ekonomi Islam, 2021
Indonesia's bureaucratic administration is quite famous for its complexity. Starting from the... more Indonesia's bureaucratic administration is quite famous for its complexity. Starting from the procedures it is long and many of them, so the service that is less efficient in serving many people. Nowadays, until technology enters the modern era in driver’s licence management, services are still not optimal, because technology is only limited to being glanced at without being touched and considered to be improved to control service efficiency. Brokers are here to sneak in, offering convenience, speed to prospective driver’s licence applicants, so that transactions can be made between them. However, this incident made it unclear for the community. On the other hand, the actions of brokers are very helpful for driver’s licence applicants in their management. With the phenomenological qualitative methodology, it will be illustrated that the contract exists between the two parties (brokers and service users), because the clarity of a contract is the most important thing to tie cooper...