Diversi Sebagai Alternatif Penyelesaian pada Tindak Pidana yang Dilakukan oleh Anak
(Revinta Irma Kartikasari, Subekti Subekti)
DOI : 10.62383/majelis.v2i3.1014
- Volume: 2,
Issue: 3,
Sitasi : 0 29-Jul-2025
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Abstrak:
Protection of children's rights in the Indonesian legal sistem has received serious attention with the enactment of Law Number 11 of 2012 concerning the Juvenile Criminal Justice Sistem (UU SPPA). This law emphasizes that imposing sanctions on children is not the primary goal, but rather a means to achieve child welfare through a restorative justice approach. The SPPA Law regulates two channels for resolving cases: formal justice and diversion. Diversion is a process for resolving children's cases outside the court system, aiming to prevent children from experiencing formal justice processes that have the potential to have long-term negative impacts on their psychological and social development. This study focuses on the implementation of diversion efforts during the investigation stage within the jurisdiction of the Madiun City Police. The method used in this study is an empirical method, namely by examining the implementation of the law in social realities in the field through observation and interviews with relevant parties. The results of the study indicate that the Madiun City Police have implemented diversion efforts quite well and in accordance with the provisions of the SPPA Law. The implementation of diversion is carried out by considering the principles of restorative justice and involving various parties, including child perpetrators, victims, families, and the police. However, several obstacles to implementing diversion exist, including a lack of public understanding of the concept and benefits of diversion, and frequent debates between perpetrators and victims, particularly regarding compensation issues within diversion forums. Therefore, increased public outreach and legal education, as well as stronger coordination between the institutions involved, are needed to optimally achieve the primary goals of the juvenile criminal justice system.
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2025 |
Kewenangan Lembaga Swadaya Masyarakat sebagai Pengawas Eksternal Berkaitan dengan Pengelolaan Anggaran Pendapatan dan Belanja Desa Mlirip, Kecamatan Jetis, Kabupaten Mojokerto
(Hanim Faizah, Subekti Subekti, Ernu Widodo)
DOI : 10.62383/progres.v2i1.1338
- Volume: 2,
Issue: 1,
Sitasi : 0 11-Feb-2025
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| Last.27-Jul-2025
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This thesis discusses the authority of Non-Governmental Organizations (NGOs) as external supervisors in the management of the Village Revenue and Expenditure Budget (APBDes) in Mlirip Village, Jetis District, Mojokerto Regency. The purpose of this study is to analyze the extent of the role of NGOs in supervising the management of village budgets, as well as to evaluate the effectiveness and obstacles faced by NGOs in carrying out their supervisory functions. This study uses a qualitative approach with a case study method, involving interviews, observations, and document analysis related to village budget management in Mlirip Village. The results of the study indicate that NGOs have the authority to supervise the planning, implementation, and accountability of the APBDes through various supervisory mechanisms, such as social audits, counseling, and advocacy. However, in practice, NGOs face various obstacles, including lack of community participation, limited resources, and bureaucratic obstacles. Nevertheless, the role of NGOs as external supervisors remains important to encourage transparency and accountability in village budget management, as well as to ensure that the village budget is used in accordance with the needs and objectives that have been set. This study is expected to contribute to the development of more effective village budget supervision mechanisms in the future.
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2025 |
Kebijakan Batasan Kekuasaan Eksekutif dan Legislatif dalam Amademen Undang-Undang Dasar 1945 pada Sistem Pemerintahan
(Edwin Hendrik, Subekti Subekti, M. Syahrul Borman)
DOI : 10.62383/majelis.v1i3.345
- Volume: 1,
Issue: 3,
Sitasi : 0 30-Nov-2024
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The amendment to the 1945 Constitution is an important milestone in the history of the Indonesian constitution that aims to improve the system of government and maintain the balance of power between the executive and legislative. This study aims to analyze the policy of limiting executive and legislative powers implemented through the amendment to the 1945 Constitution, and its implications for the system of government in Indonesia. The research method used is normative research with a qualitative approach, through literature studies and analysis of constitutional documents and relevant laws and regulations. Data were obtained from various sources, including the text of the 1945 Constitution before and after the amendment, academic literature, and the results of interviews with constitutional law experts. The results of the study indicate that the amendment to the 1945 Constitution has brought significant changes in the limitation of executive and legislative powers. Among them, the amendment introduced a stronger checks and balances mechanism, clarified the functions and authorities of each state institution, and set limits on the presidential term of office to prevent absolute power.
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2024 |
PROBLEMATIKA HUKUM BAGI JAMAAH HAJI INDONESIA NON VISA HAJI
(Sri Astutik, Dudik Djaja Sidharta, Subekti Subekti, Nur Handayati)
DOI : 10.26623/slr.v5i2.10730
- Volume: 5,
Issue: 2,
Sitasi : 0 01-Oct-2024
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| Last.09-Jul-2025
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Haji merupakan ibadah wajib bagi umat Islam yang mampu. Ibadah haji membutuhkan biaya yang banyak dan saat ini harus antri untuk waktu yang lama bagi calon jamaah haji Reguler. Agar dapat berangkat haji dengan cepat, calon jamaah haji dapat berangkat dengan menggunakan fasiltas kuota Haji Khusus dan Haji Furoda, yang diselenggarakan oleh Penyelenggara Ibadah Haji Khusus (PIHK), dengan biaya lebih mahal. Salah satu syarat untuk berangkat haji adalah dengan menggunakan visa haji legal, yakni visa haji kuota Indonesia (kuota haji regular dan haji khusus) dan visa haji mujamalah (Undangan Pemerintah Kerajaan Arab Saudi) untuk Haji Furoda. Meskipun ada larangan, namun masih banyak calon jamaah haji yang diberangkatkan dengan menggunakan visa non haji oleh PIHK, karena lebih cepat berangkat. Artikel ini menganalisis bentuk perlindungan hukum bagi jamaah haji Indonesia dan konsekuensi hukum bagi jamaah haji Indonesia yang menggunakan Visa Non Haji. Penelitian hukum normative ini menggunakan pendekatan perundang-undangan, pendekatan konseptual dengan analisis yuridis kualitatif. Hasil penelitian ini bahwa calon jamaah haji yang berangkat dengan menggunakan visa non haji harus mendapat perlindungan hukum, karena mereka juga menjadi korban. Kepada Penyelangga Ibadah Haji Khusus selain harus memberikan ganti rugi juga dapat dituntut secara pidana dan sanksi nadministrasi berupa pencabutan izin operasional. Konsekuemsi bagi jamaah haji dengan visa non haji antara lain : dapat, dideportasi, denda sejumkah uang, larangan masuk ke Tanah Suci selama 10 tahun dan sulit mendapat perlindungan hukum.
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2024 |
Perlindungan Hukum Terhadap Hak Hak Masyarakat Desa dalam Konteks Pemerintahan Desa
(Sholichudin Sholichudin, M. Syahrul Borman, Subekti Subekti)
DOI : 10.62383/majelis.v1i3.343
- Volume: 1,
Issue: 3,
Sitasi : 0 31-Aug-2024
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This research aims to analyze legal protection for village people in the village government context in Indonesia. As a government entity that is located in the country on the frontline of the regional autonomy, village has a strategic role in ensuring its fulfillment hak-hakwarga which includes the right to atas public action, paparticipants in the decision-making process, as well as hakatas sustainable development of millions of people. This research uses a normative juridical approach by analyzing the laws and regulations in force, including Law No. 6 of 2014 concerning Villages, andvarious other related regulations. The results of the research show that even though it's a monkey the law that ang adahas provided protection for the village community, there are still gaps in the village lam perpetratornanannya which requires more attention, especially associated withan increase intankapasitasaparavillage tour andnobservationwasan by the governmenthanderah. This research concludes that increasing the effectiveness of legal protection for rural areas requires antarasynergy governmenth village, governmenthdaerah, andnmasyarakat itself.
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2024 |
Legal Responsibility for Type C Mining Activities : a Study in Gondang District, Mojokerto, Indonesia
(Mustiko Romadhoni Putro Widodo, Dudik Djaja Sidarta, Subekti Subekti)
DOI : 10.62383/desentralisasi.v1i3.341
- Volume: 1,
Issue: 3,
Sitasi : 0 31-Aug-2024
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| Last.02-Aug-2025
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mining activities are an important sector in the extractive industry which has the potential to make a significant economic contribution. However, in Gondang sub-district, Mojokerto Regency, East Java, C excavation mining activities also face challenges in terms of legal accountability. This research aims to analyze legal aspects related to the accountability of C excavation mining business actors in the area. The research methods used are literature studies and interviews with related parties, such as local government, business actors and the community. The research results show that there are a number of legal problems related to licensing, implementation of activities, and environmental impacts. Business actors often ignore legal obligations related to business permits, environmental protection and corporate social responsibility. The monitoring and law enforcement system at the local level also still experiences obstacles which result in a lack of effective sanctions for violations. Recommendations from this research include increasing coordination between relevant parties, implementing stricter environmental audits, and stricter law enforcement to ensure compliance with applicable regulations. With these steps, it is hoped that excavation C mining activities in Gondang District can take place sustainably and provide optimal benefits without harming the environment and society.
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2024 |
Tanggung Jawab Notaris atas Penyerahan Sertipikat Tanah Tanpa Kata Sepakat para Pihak
(Maygi Angga Siswantoro, Sri Astutik, Subekti Subekti)
DOI : 10.62383/desentralisasi.v1i3.339
- Volume: 1,
Issue: 3,
Sitasi : 0 31-Aug-2024
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| Last.02-Aug-2025
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In various business relationships, activities in banking, land, social activities, etc., the need for written evidence in the form of authentic deeds is increasing in line with the growing demand for legal certainty in various economic and social relationships, both at the national, regional and regional levels. and globally. Through an authentic deed that clearly determines rights and obligations, guarantees legal certainty, and at the same time it is hoped that disputes can be avoided. Even though these disputes cannot be avoided, in the process of resolving disputes, authentic deeds which are the strongest and most complete written evidence make a real contribution to resolving cases cheaply and quickly. The objectives to be achieved in the research are:To find out the qualifications of unlawful acts for the actions of a Notary who has handed over a land certificate for the object of sale and purchase without the agreement of the parties. And to find out that the Notary who submitted the Deed of Sale and Purchase without an agreement violated the notary's oath of office.Notaries have an obligation to act in a trustworthy, honest, thorough, independent, impartial manner and safeguard the interests of parties involved in carrying out legal actions. In accordance with the provisions of Article 85 UUJN, the sanctions that can be imposed on a Notary are verbal warning, written warning, temporary dismissal, honorable dismissal, or dishonorable dismissal. Committing other acts which are generally referred to as violations of the Notary's Code of Ethics
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2024 |
Peran Yayasan SPEK-HAM Dalam Pencegahan Dan Pemulihan Korban Kekerasan Seksual Di Kota Surakarta
(Farahavisa Rifastya Mahfud, Subekti Subekti, Riska Andi Fitriono)
DOI : 10.62383/aliansi.v1i3.173
- Volume: 1,
Issue: 3,
Sitasi : 0 19-Apr-2024
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| Last.24-Jul-2025
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Sexual violence is a serious problem that causes physical and psychological harm to the victims. In efforts to prevent and address sexual violence, cooperation from all elements of society is very much needed, including through community-based service provider organizations as a form of community participation. This is regulated in Indonesian Law on Sexual Violence, Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual (UU TPKS) Article 85 regarding Community Participation, both in prevention and victim recovery. The Solidarity Foundation for Women's Humanity and Human Rights (SPEK-HAM) in Kota Surakarta is one of the community-based service provider organizations that play an important role in providing various prevention and victim recovery programs in accordance with the mandate of Indonesian Law on Sexual Violence (UU TPKS). However, in its implementation, SPEK-HAM faces various internal and external obstacles in fulfilling its role as a community-based service provider organization. This study uses the empirical legal research method to analyze SPEK-HAM's participation in implementing the mandate of the Indonesian Law on Sexual Violence in efforts to prevent and recover victims of sexual violence, as well as the challenges it faces. The findings of this research indicate that SPEK-HAM carries out several prevention and victim recovery programs by conducting awareness-raising activities and collaborating with relevant stakeholders. The obstacles encountered in these efforts include internal obstacles from within the organizers of sexual violence prevention and handling, as well as external obstacles which come from the outside.
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2024 |
Imposition Of Criminal Sanctions In The Case Of The Crime Of Child Abuse By A Mother Suffering From Baby Blues Syndrome
(Amalia Kemala Dewi, Subekti Subekti, Riska Andi Fitriono)
DOI : 10.62951/ijls.v1i2.19
- Volume: 1,
Issue: 2,
Sitasi : 0 03-Apr-2024
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The writing of this article aims to analyze postpartum mental health disorders can be categorized as psychiatric disorders for reasons of criminal expungement and analyze the imposition of criminal sanctions in the criminal act of child abuse by mothers who suffer from baby blues syndrome in the Karawang District Court Decision Number 296/Pid.B/2018/PN.Kwg. The type of research used is normative with a statutory approach and a case approach. Based on the results of research conducted by the author, it is obtained that postpartum mental health disorders can basically be used as an excuse for criminal erasure in accordance with the severity experienced. The imposition of imprisonment by the judge in the case of child abuse by a mother with mental health disorder in the verdict was not appropriate because the judge did not pay attention and consider the condition of the perpetrator of the crime who suffered from mental health disorders of a fairly severe type and level.
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2024 |