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All Journal LAW REFORM JURNAL EKOLOGI BIROKRASI Pembaharuan Hukum Jambe Law Journal Unes Law Review Jurnal Pengabdian UMKM
Budiyanto Budiyanto
Universitas Cenderawasih, Jayapura, Indonesia
Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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THE IMPLEMENTATION OF THE SUSPECT'S RIGHTS IN THE LEGALITY OF PRETRIAL INVESTIGATION Budiyanto Budiyanto; Farida Kaplele; Alwan Hadiyanto
Jurnal Pembaharuan Hukum Vol 10, No 1 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i1.30577

Abstract

The purpose of this study is examine the legality of the investigative process at pretrial hearings and their constraints. The normative legal research method supported by empirical legal research is used in this study. The results of the study found that the suspect's right to test the legality of the investigation process at the pretrial hearing has been implemented through legal procedures in accordance with the provisions of Article 77, Article 79, Article 82 and Article 95 of the Criminal Procedure Code. In its implementation, out of a total of 40 cases, 15 cases were rejected, 7 cases were granted, 7 cases were withdrawn, 4 cases could not be accepted, 6 cases were declared disqualified, 1 case was still in trial. As a result, it was found that there were procedural errors and violations of rights committed by investigators, so that during the examination the pretrial hearing was declared invalid. Obstacles for a legality test for the investigation process through a pretrial hearing include: the pretrial request was declared invalid, declared unacceptable, the difficulty for the suspect to find legal counsel who could win his case, the high cost of paying attorneys, the suspect's ignorance and ignorance of legal issues.
Narrating Recruitment Model for Legislator Candidates: Is It Fair? Mutawalli Mukhlis, Muhammad; Maskun, Maskun; Budiyanto, Budiyanto; Jumas, Jumas; Rahadian, Dian; Olemanu Lohalo, Georges
Jambe Law Journal Vol. 7 No. 1 (2024)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v7i1.345

Abstract

This research analyzes the problems of democratic and aspirational recruitment models and mechanisms for legislative candidates by political parties, aiming at formulating cadre-based recruitment arrangements that best represent democratic ideals. Using normative legal, conceptual, statutory and comparative approaches, this article argues that there are two principal recruitment problems. First, legal arrangement pertaining to methods, procedures, and requirements for the recruitment is generally absent from the statutory regulations.  Second, the internal process of decision-making within the political party is generally undemocratic, owing partly to the pragmatism and power-oriented calculation of the elites within the party. Recommendation for ideal recruitment arrangements is thus proposed to ameliorate these problems. Among others, the recruitment by political parties must consider aspects of representativeness, ideological consistency, internal political party flow, development of career path-based cadre systems, and quota fulfillment. Additionally, political party cadre needs training to boost their skills in carrying out main duties and functions as a member of the Board People's Representatives
Kebijakan Penerapan Sanksi Pidana dalam Tindak Pidana Perdagangan Satwa Liar yang Dilindungi Auliyani, Auliyani; Budiyanto, Budiyanto; Rohrohmana, Basir
JURNAL EKOLOGI BIROKRASI Vol 11 No 1 (2023): April 2023
Publisher : Program Doktor Ilmu Sosial Universitas Cenderawasih

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31957/jeb.v11i1.2790

Abstract

This study aims to reveal and analyze the comparative implementation of law enforcement against the crime of trade in protected animals in Indonesia, and to understand and analyze the form of policy recommendations on the crime of trade in protected wildlife in Jayapura City. The research method used focuses on normative juridical research by prioritizing secondary data sourced from primary legal materials, secondary legal materials, and tertiary legal materials, as well as statutory, conceptual, analytical approaches, legal history, and comparative legal approaches. The data obtained were processed using qualitative analysis techniques with three workflows; data reduction, data presentation, and verification (conclusion). The results of this study found that in a comparative analysis of cases of criminal acts of trade in protected wildlife that occurred in Aceh, Kalimantan, Surabaya, and Jayapura, the decisions against the defendants did not have a significant deterrent effect. The four cases show that the punishments given were lighter than the sanctions that should have been received according to the existing regulations. Even though the purpose of punishment for prevention, in reality, has not been fulfilled. This is because the penalty for the accused does not create a deterrent effect. Policy recommendations offered from the results of this study are the need for collaboration with stakeholders such as civil society, the private sector, local communities, and governments, and on a broad scale to stop the killing, trade, and demand for wildlife products. Then, strengthen institutional, legal, and regulatory systems to deal effectively with wildlife-related violations. In addition, in the implementation of these laws and regulations, it is necessary to ensure the effective monitoring and management of legal trade. Also, there must be a policy to prevent trade in protected wild animals which should give a deterrent effect to perpetrators based on security. Copyright © 2023 JEB. All rights reserved.
Problems of Legal Implementation of the Criminal Offense of Spreading Fake News and Hate Speech in Papua Budiyanto, Budiyanto; Masum, Ahmad; Aidonojie, Paul Atagamen; Aslan, Jamal
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64881

Abstract

Social media users throughout the world are growing rapidly, to the point where they can cause commotion in society, in this case the state is present to overcome the commotion that occurs through a set of special regulations regarding the spread of fake news and hate speech. However, in law enforcement practices, specifically at the Papua Regional Police, there is still misleading between the limits of freedom of opinion and the offense of spreading fake news and hate speech. This research will analyze the strict limits in law enforcement regarding the criminal offense of spreading fake news and hate speech with freedom of expression in Papua. This research uses normative juridical research methods. The research results show that the problem of spreading fake news and hate speech in Indonesia has been regulated in various regulations, but its implementation still does not provide a sense of justice for victims. Judges' sentences tend to be lower than the demands, so the perpetrator's sentence is still too light. Especially related to actions that cause riots or conflict in Papua. So regarding the offense of spreading fake news and hate speech, it is important to reformulate the formulation regarding prohibited acts, criminal liability, types of punishment, and forms of legal settlement. Special minimum sentences need to be clearly regulated for criminal acts that have an impact on conflict and unrest, such as the crime of spreading fake news and hate speech.
Juridical Review of Criminal Sanction Enforcement In Immigration Law Budiyanto, Budiyanto
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2058

Abstract

The aims of this research are: 1) to find out the modus operandi of criminal acts in the Immigration sector (Study of Decision Number 713/ Pid.Sus /2022/PN Mks ), 2) to find out how the judge considered in handling down Decision Number 713/ Pid.Sus /2022 /PN Mks. The type of research used by researchers is normative legal research using the statutory and case approaches. The research materials used as a base to support this research include primary and secondary legal materials and methods. The analysis is in the form of a prescriptive method, namely an analytical method that provides an assessment ( justification ) about whether the object under study is right or wrong or what should be according to the law. The conclusion in this research is The modus operandi carried out by the Defendant who committed a Crime in the Immigration Sectors in Decision Number 713/ Pid. Sus /2022/PN Mks was by burning his passport and travel documents in 2019 because they wouldn't be detected as foreigner citizens and are considered an Indonesian citizens. Where the Defendant Mohammed Abdulaziz Khamis Bin Sanad's passport expired in 2020, but continued to live and carry out activities in Indonesian Territory without having a passport, namely from February to October 2021, the Defendant worked for a Mining Company at PT Sungai Berlian Mahakam in Samarinda. On January 15, 2022, the defendant went to Makassar city to look for coffee and would export the coffee to Arabia. 2) The judge's legal considerations in imposing a sentence on the perpetrator of a crime in the field of immigration, as in Decision Number 713/ Pid.Sus /2022/PN Mks, where the Panel of Judges have handed down a decision on the Defendant by giving a prison sentence of 4 ( four ) months and 15 ( fifteen ) days and a fine of IDR 10,000,000.00 ( ten million rupiah). The decision of the Panel of Judges takes into account the facts revealed in the trials, and basically, the judge handed down the decision based on Law number 48 of 2009 concerning Judicial Power by paying attention to juridical and non-juridical considerations by paying attention to things that are aggravating and mitigation the Defendant.
PENYULUHAN HUKUM TENTANG HAK DAN KEWAJIBAN BAGI PENJUAL MAKANAN DAN MINUMAN SEBAGAI PELAKU UMKM DI BIAK TIMUR Budiyanto, Budiyanto; Kaplele, Farida; Mambaya, Marthinus; Usman, Tantu; Rahadian, Dian
Jurnal Pengabdian UMKM Vol. 3 No. 1 (2024): Januari
Publisher : Pusat Studi UMKM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jpu.v3i1.51

Abstract

Tujuan dilakukan penyuluhan ini adalah untuk membekali pengetahuan dan pemahamanan kepada peserta kegiatan tentang hak dan kewajiban serta bentuk pertanggungjawaban yang dapat dibebankan kepada penjual makanan dan minuman pelaku UMKM di Kampung Soryar. Diharapkan para peserta dapat memahami secara mendalam tentang hak dan kewajiban konsumen dan juga sebagai penjual. Selanjutnya para peserta dapat menghindari perbuatan-perbuatan yang dilarang agar tidak merugikan konsumen dan terhindar dari tuntutan hukum. Metode yang digunakan dalam kegiatan penyuluhan adalah metode ceramah, diskusi dan tanya jawab.
Co-Authors Aidonojie, Paul Atagamen Alwan Hadiyanto Aslan, Jamal Auliyani, Auliyani Basir - Rohrohmana Basir Rohrohmana, Basir Dian Rahadian Farida - Kaplele Farida Kaplele Farida Kaplele, Farida Jumas, Jumas Marthinus Mambaya Maskun Masum, Ahmad Mutawalli Mukhlis, Muhammad Olemanu Lohalo, Georges Usman, Tantu