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Latifah Hanim
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Humanities Law, Crime, Criminology & Criminal Justice

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The Implementation of Rehabilitation against Narcotics Abuser Noorul Umaya; Latifah Hanim; R. Sugiharto Sugiharto
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.76-82

Abstract

The purpose of this study is to find out and analyze the implementation of rehabilitation for narcotics abusers, to find out and analyze the obstacles faced by the Public Prosecutor in implementing the rehabilitation of narcotics abusers and their solutions. The research approach method used is the sociological juridical method. The conclusion of this study is that the implementation of rehabilitation for narcotics abusers is carried out entirely by the National Narcotics Agency (BNN). The obstacles faced by the Public Prosecutor in implementing rehabilitation are the absence of juridical qualifications between the types of criminal offenses and violations, the absence of a special rehabilitation center for narcotics abusers, the lack of rehabilitation technicians and the limited rehabilitation budget owned by the National Narcotics Agency (BNN).
The Analysis of Legal Evidence Case on Criminal Employment through Electronic Systems Somaerin Saputra; Anis Mashdurohatun; Latifah Hanim
Law Development Journal Vol 4, No 1 (2022): March 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.1.33-41

Abstract

The purpose of this study is to find out and analyze legal evidence related to criminal acts of embezzlement through an electronic system. To find out and analyze the basis of judges' considerations in making decisions on criminal acts of embezzlement through an electronic system. The method used by the researcher is empirical juridical approach and the specifications in this study include descriptive analysis. As for the sources and types of data in this study, secondary data were obtained from literature studies. Data analyzed qualitatively. Based on the results of the study that Legal Evidence Regarding the Crime of Embezzlement Through Electronic Systems that the power of proving electronic evidence in criminal procedural law, the strength of all evidence is essentially the same, no one exceeds the other. Evidence in criminal procedural law does not recognize hierarchy. It's just that there are provisions that require the connection between one evidence and another. Therefore, in criminal procedural law there is complementary evidence.
An Overview of Omnibus Law from Point of Establishing Legal System in Indonesia Faisal Afda'u; Siti Ummu Adillah; Latifah Hanim
Law Development Journal Vol 4, No 2 (2022): June 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.2.%p

Abstract

The purpose of this research to get a clear answer study review of omnibus law from the point of view of the formation of the legal system of legislation in Indonesia and the research approach method used is normative juridical by reviewing legal principles and analyzing existing laws and regulations and reviewing the formation of laws and regulations namely Act No. 12 of 2011 amended by Act No. 15 of 2019 with the omnibus law. Based on the research it can be concluded that the establishment of omnibus law if viewed from the perspective of the formation of legislation, the position of the omnibus law in the hierarchy is the same as the law regulated in Article 7 paragraph 1 of Act No. 12 of 2011 concerning the formation of legislation. In theory, the position of omnibus law has not been regulated, but rational legitimacy can be found in the system of forming legislation in Indonesia. The position of omnibus law can be based on Act No. 12 of 2011 which has been amended by Act No. 15 of 2019 concerning the system for the formation of legislation and the process of forming legislation on academic texts and the draft omnibus law draft is in accordance with the formation of legislation, namely Act No. 12 of 2011 was amended by Act No. 15 of 2019. This law is a substantive requirement and a technical requirement in the formation of laws and regulations in Indonesia. The consequence of implementing the omnibus law is that the existing law is still valid, except for some articles (legal material) that have been replaced or declared invalid and the existing law is no longer enforced. 
The Policy of the Prosecutor's Authority in Termination of Prosecutions based on Restorative Justice in Criminal Justice System In Indonesia Laksamana Bagas Dewandaru; Jawade Hafidz; Latifah Hanim
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.403-415

Abstract

This study aims to determine the policy of the prosecutor's authority in terminating prosecution based on restorative justice in the criminal justice system, namely based on the principle of opportunity, namely the Prosecutor's Office is the only State Institution controlling cases or has the authority to continue or not file cases to the Court based on the provisions of the Act. This authority is implied in the form of the Attorney General's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The approach method used is normative juridical. Specifications are descriptive analytical. The type of data is secondary data, divided into legal materials derived from law and legal science. The method of data collection through literature study and interviews with the data analysis method is qualitative analysis. The Prosecutor's Law is included in attribution, namely the granting of government authority by lawmakers to government organs. In Islamic criminal theory, the authority to stop prosecution based on restorative justice is included as special prevention and according to the history of Islamic development, it is included in the rehabilitation of the criminal. In the research conducted by the researcher, it was found that there were obstacles in stopping prosecution based on restorative justice at the Banggai District Prosecutor's Office, namely based on the decree of the Banggai District Attorney Number B-748/P.2.11/Eoh.2/11/2021, namely the distance traveled by the parties involved. The case with the Banggai District Prosecutor's Office is quite far away, with the condition of the road infrastructure being unfavorable. The crime committed is domestic violence which makes it difficult for peaceful efforts to be carried out, so that the time allotted is very limited. If drawn from the theory of law enforcement, these obstacles are included in the legal culture and legal substance.
A Criminological Study against Sexual Violence Performed by Normal Men against Women with Disabilities Nor Samsyudin; Latifah Hanim; Andri Wijaya Laksana
Law Development Journal Vol 4, No 3 (2022): September 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.4.3.495-506

Abstract

This writing aims to examine the criminology of criminal acts of sexual violence perpetrated by normal men on women with disabilities and the countermeasures made by the Jepara Resort Police to tackle these crimes. This research is included in the type of empirical juridical research. Based on the results of the study, it can be concluded that the object of criminology studies includes three things: criminal acts, perpetrators of criminal acts, and public reactions to both. Furthermore, the object of the study was analyzed using criminological theories. Sexual violence was analyzed using differential association theory. The perpetrators of the crime of sexual violence must have committed a crime because of the factors that caused the crime. After knowing these factors, it was studied using the theory of Social Anomalies. Public reaction to criminal acts and perpetrators of sexual violence. First, the community around the perpetrator provides labeling, or social punishment given to the perpetrator. Second, on the other hand, there are still some people who know about this form of crime and care about the existence of the crime of Sexual Violence by creating forums or becoming activists. This community reaction analysis uses Social interactionist theory.
Co-Authors Andri Wijaya Laksana Anis Mashdurohatun Faisal Afda’u Jawade Hafidz Laksamana Bagas Dewandaru Noorul Umaya Nor Samsyudin R. Sugiharto Sugiharto Siti Ummu Adillah Somaerin Saputra