PRIHANTO, SIGIT (2018) PENEGAKAN HUKUM OLEH KEPOLISIAN TERHADAP PELAKU TINDAK PIDANA PENIPUAN PENYELENGGARAAN UMROH DI JAWA TENGAH. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
ABSTRACT This research was carried out based on the rampant fraud of organizing the umroh in Indonesia lately being one of the cases that took a lot of public attention. This is due to the large number of people who become victims with the amount of losses reaching billions of rupiah. Law enforcement that has been carried out in the case of fraudulent Umrah pilgrims in Indonesia has so far put forward the general law in the investigation process. The facts obtained from this study that the existence of a legal basis that is less precise and inaccurate is that the investigators override the legal principles that are specific to the exclusion of general laws (lex specialis derogat legi generali). Investigators should use special regulations, namely Law Number 13 of 2008 concerning Hajj Implementation rather than using the Civil Code. This research is a socio legal research study with a socialogical juridical approach. Data collection method is by literature study and field study by conducting observations and interviews to extract data in the field. Data analysis method is qualitative descriptive. The analysis knife in the discussion of this thesis uses the theory of law enforcement and the theory of justice. From the discussion, it can be concluded that 1) The organization of umroh worship in Central Java in general has been going well, but there are still shortcomings because there are still travel agents that are not registered in the Ministry of Religion of Central Java as PPIU and have never received supervision, control, as well as guidance from the Ministry of Religion of Central Java. PPIU data registered in Central Java is 72 bureaus consisting of 24 local bureaus and 48 bureaus which are in the form of branch offices; 2) Law enforcement by the Police against criminal acts of fraud in organizing Umrah in Central Java has not created a sense of justice for the community, especially the prospective Umrah pilgrims who are victims. This is due to the lack of professionalism of the Police Investigators in Central Java in conducting investigations into cases of fraud in the organization of Umrah in Central Java; and 3) The obstacles faced by the Police Investigators in law enforcement (investigation) of crimes of fraud in the organization of Umrah in Central Java come from within and from outside. Barriers from within are legal factors, factors of the law enforcers themselves, and factors of facilities and infrastructure. Whereas external barriers stem from community factors and from the cultural factors of Central Javanese society, which Friedman mentions as legal substance, legal structure and legal culture. Keywords: Law enforcement, Fraud, Jemaah Umroh Operation
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 29 Apr 2019 08:57 |
| Last Modified: | 29 Apr 2019 08:57 |
| URI: | http://repository.unissula.ac.id/id/eprint/11991 |
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