Kajian Hukum - Academia.edu (original) (raw)

Papers by Kajian Hukum

Kajian Hasil Penelitian Hukum

The study aims to examine and analyze: the strict liability principle in the criminal justice sys... more The study aims to examine and analyze: the strict liability principle in the criminal justice system in Indonesia and the ideal concept of strict liability principle in the Criminal Justice System. This type of research is normative research. This study uses secondary data. Data collection was done by document study and interview. Data analysis in this research is qualitative. Based on the result of the research, it is concluded that, Arrangement of strict liability principle in Criminal Justice System in Indonesia one of them can be seen in KUHP and outside KUHP. The Criminal Code does not explicitly mention the system of criminal liability held. Several articles of the Criminal Code only mention errors of intent or negligence. Outside of the Indonesian Criminal Code, the setting of strict liability principles in the Indonesian Criminal Justice System can be seen among others in the Environmental Law and Narcotics Act and the ideal concept of strict liability principle in the Criminal Justice System is explicitly affirmed in positive law, as defined in Article 35 Paragraph (2) The new Draft Penal Code, whose formula is: "For certain criminal acts, the law may determine that a person may be criminally solely because of the fulfillment of the elements of the crime without regard to any errors".

Kajian Hasil Penelitian Hukum

The purpose of this research is to know the factors influencing judge's consideration in dropping... more The purpose of this research is to know the factors influencing judge's consideration in dropping criminal verdict against the perpetrator of online prostitution and to know and explain about judge decision, have been fair in giving sanction of prostitution crime online in Yogyakarta. The research was conducted in Yogyakarta Special Region with the location of Yogyakarta District Court, the type of research is Normative Juridical Law Research, which is Type of Research which focused to study the application of norm or rule in positive law. Normative research can be interpreted as research conducted by examining library materials or secondary data consisting of primary materials, secondary legal materials, and tertiary legal materials.(1)The materials are arranged systematically, reviewed and then drawn conclusions in relation to the problem under study. The nature of the research is an analytical descriptive research that is a study that describes the situation, the actual facts against the object and the subject studied appropriately. The data have been collected from the research, both literature research and field research, then analyzed descriptively qualitative, that is a method of data analysis by grouping and selecting data obtained from research according to quality and correctness.(2)The results of this study indicate that the judge's consideration in imposing criminal sanction on the perpetrators of online crime of prostitution is that the judges have done their best to consider juridically consisting of the indictment of the public prosecutor, the defendant's statements, witness statements, evidence, and articles of criminal law and the judge also consider non juridically consisting of the background and motivation of the defendant's conduct, then the judge takes into account and considers both the report of the investigator and the legal facts revealed in the hearing and the various laws governing the ITE legislation, the trafficking of persons and pornography.

Kajian Hasil Penelitian Hukum

The Government has explicitly regulated marital matters in the provisions of laws and regulations... more The Government has explicitly regulated marital matters in the provisions of laws and regulations, namely Law Number 1 Year 1974 on Marriage. Violations of the criminal provisions governing the prohibition of falsifying the marriage principle are quite prevalent. The increase in the number of complaints, indicating the increasing awareness of the women victims to report the case, while the number of violations is estimated to be many, but because of the incomprehension of the victims and the reluctance to deal with the law resulted in the reports being found not too large. Criminal liability concerning criminal act of counterfeiting of marriage origin is imposed on the perpetrator based on no criminal principle without error.

PELAKSANAAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA JENIS BARU DI POLDA DAERAH ISTIMEWA YOGY... more PELAKSANAAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA JENIS BARU DI POLDA DAERAH ISTIMEWA YOGYAKARTA

Kajian Hasil Penelitian Hukum

The study aims to examine and analyze: the strict liability principle in the criminal justice sys... more The study aims to examine and analyze: the strict liability principle in the criminal justice system in Indonesia and the ideal concept of strict liability principle in the Criminal Justice System. This type of research is normative research. This study uses secondary data. Data collection was done by document study and interview. Data analysis in this research is qualitative. Based on the result of the research, it is concluded that, Arrangement of strict liability principle in Criminal Justice System in Indonesia one of them can be seen in KUHP and outside KUHP. The Criminal Code does not explicitly mention the system of criminal liability held. Several articles of the Criminal Code only mention errors of intent or negligence. Outside of the Indonesian Criminal Code, the setting of strict liability principles in the Indonesian Criminal Justice System can be seen among others in the Environmental Law and Narcotics Act and the ideal concept of strict liability principle in the Criminal Justice System is explicitly affirmed in positive law, as defined in Article 35 Paragraph (2) The new Draft Penal Code, whose formula is: "For certain criminal acts, the law may determine that a person may be criminally solely because of the fulfillment of the elements of the crime without regard to any errors".

Kajian Hasil Penelitian Hukum

The purpose of this research is to know the factors influencing judge's consideration in dropping... more The purpose of this research is to know the factors influencing judge's consideration in dropping criminal verdict against the perpetrator of online prostitution and to know and explain about judge decision, have been fair in giving sanction of prostitution crime online in Yogyakarta. The research was conducted in Yogyakarta Special Region with the location of Yogyakarta District Court, the type of research is Normative Juridical Law Research, which is Type of Research which focused to study the application of norm or rule in positive law. Normative research can be interpreted as research conducted by examining library materials or secondary data consisting of primary materials, secondary legal materials, and tertiary legal materials.(1)The materials are arranged systematically, reviewed and then drawn conclusions in relation to the problem under study. The nature of the research is an analytical descriptive research that is a study that describes the situation, the actual facts against the object and the subject studied appropriately. The data have been collected from the research, both literature research and field research, then analyzed descriptively qualitative, that is a method of data analysis by grouping and selecting data obtained from research according to quality and correctness.(2)The results of this study indicate that the judge's consideration in imposing criminal sanction on the perpetrators of online crime of prostitution is that the judges have done their best to consider juridically consisting of the indictment of the public prosecutor, the defendant's statements, witness statements, evidence, and articles of criminal law and the judge also consider non juridically consisting of the background and motivation of the defendant's conduct, then the judge takes into account and considers both the report of the investigator and the legal facts revealed in the hearing and the various laws governing the ITE legislation, the trafficking of persons and pornography.

Kajian Hasil Penelitian Hukum

The Government has explicitly regulated marital matters in the provisions of laws and regulations... more The Government has explicitly regulated marital matters in the provisions of laws and regulations, namely Law Number 1 Year 1974 on Marriage. Violations of the criminal provisions governing the prohibition of falsifying the marriage principle are quite prevalent. The increase in the number of complaints, indicating the increasing awareness of the women victims to report the case, while the number of violations is estimated to be many, but because of the incomprehension of the victims and the reluctance to deal with the law resulted in the reports being found not too large. Criminal liability concerning criminal act of counterfeiting of marriage origin is imposed on the perpetrator based on no criminal principle without error.

PELAKSANAAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA JENIS BARU DI POLDA DAERAH ISTIMEWA YOGY... more PELAKSANAAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA JENIS BARU DI POLDA DAERAH ISTIMEWA YOGYAKARTA