Publication Search

The purpose of this study is to analyze the settlement of criminal cases on the liability of parents for negligence that results in minors becoming perpetrators of traffic accidents. This type of research is normative legal research with a statutory approach, a case approach and a conceptual approach. The analysis used in this study is a descriptive analysis. has not explicitly regulated the criminal liability of parents for accidents committed by children, although Civil Code Article 1367 has provided a basis for civil liability, and the new Criminal Code through Article 37 opens up opportunities for the application of the principle of vicarious liability. This study recommends the need to reconstruct the Indonesian criminal law regulation which explicitly establishes a model of parental criminal responsibility based on the principle of vicarious liability and the principle of Radbruch legal certainty, without overriding the principle of child protection in the SPPA Law.

The purpose of the study was to analyze the legal status of narcotics abusers after the hand-holding operation. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this study is qualitative data analysis through the management of legal materials in a deductive way. Based on the research, the results of the research were obtained that in Law Number 35 of 2009 concerning Narcotics, it is stated that after the arrest operation or after the seizure, within a minimum of 3 x 24 hours an evidence test must be carried out to ensure the narcotic content found, then this can have implications for the legal status of a person arrested in the arrest operation. A person caught in a narcotics case can have several possible legal statuses, including; as an arrested witness, if he is only at the scene of the incident without direct evidence of his involvement; as a suspect, if there is preliminary evidence that he possesses or uses narcotics; as a person without legal status who is temporarily detained, if his status is still waiting for the results of laboratory tests of evidence. Therefore, it is necessary to update regulations through the revision of the Narcotics Law which must contain clear time limits on how a person who is caught must be treated before the results of the evidence test come out..

This study discusses law enforcement against corruption crimes that occur in the process of providing People's Business Credit (KUR) facilities at the BRI Bone Pantai Unit as well as the form of criminal responsibility from the management of the banks involved. Through a normative-empirical approach, this study illustrates the weak internal supervision system of banks and the inefficiency of coordination between law enforcement that causes state losses of billions of rupiah. The findings show that the modus operandi in the form of data engineering and abuse of authority is carried out by bank employees in collaboration with external parties. The law enforcement carried out has not touched the structural roots of the weaknesses of the banking system and business ethics in the distribution of KUR. In the context of Lawrence M. Friedman's theory of legal systems, aspects of the structure, substance, and culture of the law show a failure to guarantee accountability and prevention. Therefore, the reconstruction of law enforcement needs to involve systemic improvements, the strengthening of management's criminal responsibility, and the strengthening of the capacity of the bank's internal supervisory institutions so that public trust in the KUR program can be restored.

This study aims to analyze the Reconstruction of Contempt of Court Regulations  in Indonesia. Contempt of court is defined as an act of contempt against the judiciary. In Indonesia, the meaning of contempt of court is only interpreted narrowly so that it is considered less inclusive of all judicial organizers. This type of research is normative legal research with a legislative, conceptual, comparative and case approach. The results of the study are that the position of the contempt of court regulation in Indonesia has been contained in a chapter in the latest Criminal Code, but its application has not been supported by formal procedures. The meaning of contempt of court in Indonesia is only interpreted narrowly, this can be seen in the latest Padal 281 of the Criminal Code which only seems to protect judges, the contempt of court regulation should  also protect all judicial organizers who are directly involved in a judicial process, namely the prosecutor, legal representatives, victims, witnesses, and all trial participants. Next, contempt of court in Indonesia also only accommodates criminal contempt and sets aside civil contempt so that there is no deterrent effect for people, officials and others who do not comply with judicial decisions. Therefore, there is a need for special arrangements related to contempt of court in Indonesia that regulate crimes (criminal contempt) and non-compliance with court orders (civil contempt).

This research examines the reconstruction of Article 4 of the Corruption Crime Law regarding the return of state financial losses through a progressive legal approach. This research uses sociological normative legal research methods with statutory and conceptual approaches. The results show that the provision of Article 4 which states that the return of state financial losses does not eliminate punishment needs to be recon-structed to accommodate the principles of restorative justice and legal incentives for perpetrators who voluntarily return state losses. The reconstruction does not completely eliminate punishment, but provides different treatment based on the level of cooperation of the perpetrator. For corruption cases with relatively small state losses, a restorative justice approach is more appropriate considering that case handling costs are often greater than the value of losses. This research recommends reformulating Article 4 to provide op-portunities for administrative settlement within a certain timeframe before proceeding to criminal pro-ceedings.

The implementation of Parole is part of the guidance efforts based on the request of the convict, by considering the provisions of "Law Number 22 of 2022 concerning Corrections, and Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Inmates, as well as several other implementing regulations. Parole is one of the objectives of the prisoner guidance system which is implemented based on the Correctional system. The goal is to prepare prisoners to be able to integrate with society in a healthy way and return to their role as free and responsible members of society. This process is subject to regulations such as the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 03 of 2018 concerning the Requirements and Procedures for Granting Remission, Assimilation, Visiting Family Leave, Parole, Leave Before Release, and Conditional Leave. This study aims to analyze the implementation of granting parole to recidivist prisoners in the Class IIA Correctional Institution (Lapas) of Gorontalo City. This study uses a normative-empirical research type in the non-judicial case study category, namely a case study conducted without any conflict, so it does not involve the court. The results of the study indicate that the process of granting parole for recidivist prisoners in Class IIA Penitentiary in Gorontalo City is still faced with various obstacles, including the lack of effective guidance, weak supervision, and inconsistent policies. In addition, there is a negative perception from the community towards granting parole to recidivists, which has an impact on their social reintegration. Based on these findings, it is necessary to review policies and improve guidance and supervision programs for recidivist prisoners to reduce the rate of recidivism and increase the effectiveness of parole as a tool for social reintegration.

Based on the results of the study, the transaction mode is the most often used mode in the act of circulating and counterfeiting money and economic factors are the main factors for a person to commit the crime of counterfeiting money, as well as efforts made by the police in preventing and exposing the crime of counterfeiting. The transaction mode is the mode most often used by rupiah counterfeiters because this mode is easy to circulate counterfeit money. Economic factors are the most important factor for perpetrators to commit the crime of counterfeiting rupiah. Because the economy is squeezed, someone commits a crime to meet their economic needs. The efforts made by the Gorontalo City Police to prevent the occurrence of rupiah counterfeiting crimes are pursued with three efforts, namely preventive efforts, premative efforts, and repressive efforts. The crime of counterfeiting rupiah is a criminal act in which it contains a system of untruthfulness or falsehood of something (object) that appears from the outside as if it is true, when in fact it is contrary to the real thing that is called the crime of counterfeiting, including currency counterfeiting. The legal basis of money and currency is Law Number. 7 of 2011 concerning Currency, which was promulgated in the Statute Book of the Republic of Indonesia Year 2011 Number. 64 and Supplement to the Statute Book of the Republic of Indonesia No. 5223 This research was conducted to find out the factors and modes of the perpetrators of a criminal act of counterfeiting money in Gorontalo City and to find out the efforts made by the relevant legal parties in an effort to prevent the occurrence of the crime of counterfeiting rupiah money in Gorontalo City.

Acts of sexual violence against women and children are a threat that continues to occur anywhere in the world. Boalemo Regency is one of the districts that has experienced a fairly high increase in the number of cases of sexual violence against children. Based on information obtained by the author at the Boalemo Police, the number of cases Sexual violence in the last 3 years has increased by 55 cases. In 2020 there were 15 cases, in 2021 it increased to 18 cases and in 2022 cases of sexual violence increased to 22 cases and cases of sexual crimes against women, in 2019 there were 2 cases, in 2020 only 1 case, and in 2021 only 2 cases. This research aims to determine the factors that cause sexual violence against women and children and to determine the police's efforts to tackle acts of sexual violence against women and children. This research aims to find out what factors cause criminal acts of sexual violence against women and children in Boalemo Regency and what police efforts are in dealing with criminal acts of sexual violence against women and children in Boalemo Regency. The research method used is empirical legal research. The data obtained in this research is analyzed qualitatively, namely by collecting data and drawing conclusions to determine the results. The research results show that there are several factors that cause sexual violence against female children in Boalemo Regency, namely: alcohol, low education, unmet biological needs, the role of the victim, lack of religious education and pornography. And the police's efforts to tackle criminal acts of sexual violence against women and children in Boalemo Regency are: conducting outreach and providing information about sexual violence through social media.

Implementation of article 31 paragraph 2 letter C of National Police Chief Regulation no. 12 of 2009 regarding the investigation of abuse due to alcohol at the Gorontalo Resort Police. The research used is Empirical Research, which is legal research that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The research results obtained by the author in conducting this research include the application of Article 31 paragraph 2 letter C of the National Police Chief Regulation no. 12 of 2009 at the Gorontalo Resort Police, it has been implemented but is still not able to be implemented optimally because it is seen from the immediate situation and conditions in the field which are not expected. This article has also been effectively implemented in investigations but will be implemented within existing provisions. In investigations, the process is not always handled based on the provisions in these regulations, because investigators carry out the investigation process based on the level of vulnerability and the potential to threaten public safety.

This study aims to find out about the position of children who are victims of sexual abuse in view of Victimology. The method used in this study is empirical with qualitative descriptive data analysis that describes and outlines the data and facts of the field. The results of this study show that child abuse is one of the most destructive forms of crime, and often has a long-term impact on victims of abuse. Victimology, in its view as the study of victims of crime, plays an important role in understanding the impact of child abuse, as well as in designing effective treatment and protection approaches.. The protection of children is very important because its violation is a violation of human rights. It can be seen that the position of children towards victims of abuse in the view of victimology provides a better view of victims of crime as a result of human actions that cause mental, physical and social suffering.

This research aims to determine the implementation of restorative justice in narcotics crimes at the Gorontalo City Resort Police, based on the title raised in this research. This research uses empirical legal research, because this research is based on the reciprocal relationship between law and other institutions. It is said to be empirical because it is based on real data or facts. This research aims to look for primary data or what can also be called field data on the implementation of restorative justice in drug crimes. The results of this research show that the implementation of restorative justice in drug crimes is not solely for all drug users, but there are several provisions in accordance with Perpol number 8 of 2001. The provisions so that restorative justice can be carried out include: the person is not involved in a drug network, drugs that are there is only personal use, not resale, not a resinipis, namely a second arrest, and the evidence does not exceed the amount and so on. So apart from these provisions, RJ cannot be carried out. In accordance with prosecutor's guidelines number 18 of 2021 concerning the resolution of handling criminal cases for victims of narcotics abuse, it is carried out through rehabilitation with a restorative justice approach. Apart from that, the obstacles in implementing restorative justice, according to information, are several factors, namely internally, namely obstacles in the BNN reporting or assessment process due to inappropriate time, namely exceeding the 3x24 hour time frame, and external factors, namely the lack of cooperation with the community, which causes delays in reporting. and when the arrest was made, the perpetrators did not admit that the items belonged to them, so 2 witnesses were needed in the form of the local RT head so that the process could continue.  

The aim of this research is to determine law enforcement against operators of damaged roads which result in traffic accidents and to find out what are the obstacles in implementing law enforcement against operators of damaged roads which result in traffic accidents. This research uses an empirical legal research method where the researcher uses a statutory approach and a case approach and data collection is carried out using literature studies and interviews. The results of the research show: firstly, the police in the Bone Bolango Police area carry out law enforcement against drivers who maintain damaged roads that cause accidents. traffic in a preventive and repressive manner. Bone Bolango Regency Police have been carrying out repressive actions such as education and legal action; However, due to a number of obstacles experienced by the Bone Bolango Police, no legal action can be taken until the trial, which only requires making a case report. Both the internal and external operational environment of the traffic police are some of the challenges faced by the Bone Bolango Police. The Bone Bolango Police Traffic Accident Unit lacks personnel and expertise, and the officers' attitude towards drivers is less firm. One of the internal problems faced by the traffic police is this problem. Public ignorance of laws and regulations related to damaged roads and lack of community involvement in reporting damaged roads are two examples of external variables handled by the Traffic Police. Apart from that, there is ambiguity in Law Number 22 of 2009 concerning Road Transport and Traffic. The meaning of "road managers" and the difficulty of law enforcement in enforcing these regulations, especially Article 273, which emphasizes the importance of considering the potential legal consequences for "road managers" who fail to repair damaged roads immediately, which can result in traffic accidents.

The existence of criminal cases arises because there are criminal acts handled by law enforcement. Criminal cases always arise whenever there is a criminal process. Criminal acts or crimes are an inseparable part of life in society. The public measures justice not by the word for word formulation of the law, but by what is felt and seen by the decisions issued based on the legal reality witnessed. The aim of this research is to examine the role of prosecutors in resolving cases using a restorative justice approach. To find out the factors that hinder prosecutors in resolving cases using the concept of restorative justice. In this research, researchers used Empirical Law research. And the data feeding technique is carried out using the interview technique. The data obtained by researchers in this study used quantitative and qualitative methods. The results of the research show that the resolution of acts of abuse by the Bone Bolango District Prosecutor's Office through a restorative justice approach has been adopted. The inhibiting factors experienced by the Bone Bolango prosecutor's office were legal factors, human resources, clashes between victims and perpetrators and community culture.

This research aims to find out what the judge's forgiveness policy (rechterlijk pardon) is in the New Criminal Code, to find out how the rechterlijk pardon formulation in the Dutch Criminal Code compares and to find out what the challenges of rechterlijk pardon (judge's forgiveness) will be in the future. The research method used is juridical-normative with a statutory approach and a case approach. The research results show that Rechterlijk Pardon puts a different concept in giving space to judges in handing down guilty decisions without criminal penalties. Before being ratified, the principle of judge forgiveness was already used in several countries, for example the Netherlands. Even judges in Indonesia have made several decisions that contain the value of the judge's forgiveness. In connection with the analysis of Rechterlijk Pardon's challenges, it is viewed from the perspective of law enforcement and legal culture in society.    

The conflict between the Indonesian government and the KKB separatist group in Papua is a conflict that has existed for a long time and until now there has been no meeting point. The Indonesian government has taken various ways to resolve the conflict. Previously, Indonesia had also been faced with the same problem. Namely the Free Aceh Movement (GAM) group which demanded that Aceh be independent and stand alone as a legitimate state. In both conflicts, it has caused unconduciveness in society, both in terms of economy, politics, and so on. As a result of both conflicts, both with KKB and GAM have claimed many lives and have even targeted civilians. Then in an effort to resolve the government has a different way. In this study, the author will describe how the government's efforts to resolve conflicts with the Armed Criminal Group (KKB) in Papua and also with the Free Aceh Movement (GAM) group in Aceh differ.

This research aims to determine the implementation of the National Police Chief's Circular Letter Number: SE/06/X/2015 concerning Handling Hate Speech and to determine the legal consequences. This research uses empirical research methods, namely research using field data as the main data source, such as the results of interviews and observations. Empirical research is used to analyze law which is seen as patterned behavior in people's lives which always interact and relate in social aspects. As a result of the research that has been carried out, it was concluded that (1) Polri in carrying out its authority to deal with various hateful behavior speech as regulated in the National Police Chief's SE also remains subject to general principles of good governance such as being careful and careful in carrying out action, do not abuse authority, and so on. With the National Police Chief's SE, it should be possible to guarantee enforcement of legal norms is getting better, rather than becoming a cover for arbitrary actions of authorities in controlling the trigger of power. Therefore, internal supervision of the implementers of the circular letter is carried out must run parallel with the authority to implement circular letters the. The National Police Chief also regulates procedures for handling hate incidents speech so as not to cause discrimination, violence or disappearances lives, and/or widespread social conflict. (2) Circular Letter from the Chief of Police placed in a theoretical perspective in state administrative law, products This law is a variant of policy regulations (policy rule) or what in Dutch is called beleidsregel. In state administrative law, state administrative officials (including the National Police Chief) indeed given the authority to issue good legal products in the form of regulations (regeling), state administrative decisions (beschikking), as well as policy regulations. Policy rules are different from a laws or regulations because they are only internally binding to state administration officials themselves and is not intended to be legally binding directly to the community. This is of course different from the law or regulations that must be made following a hierarchical system of regulations legislation and is intended to be externally binding (society) and internally (government officials). Thus, power binding a policy regulation to the community such as the National Police Chief's SE it is indirect in nature.