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PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI Amrullah, Muhammad Salam
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions  of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment,  I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated  clearly in the  law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law  No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal  action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.

Reconstruction of law criminal development on victims of restoration as form of renewal Criminal law Amrullah, Muhammad Salam
Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

The crime of rape carried out by people, experiencing a development in criminal law, the formulation of offenses in the Criminal Code makes the criminal act, does not give a sense of justice to victims where the threat of punishment is relatively small and there are multiple interpretations of legal norms, while victims suffer a psychological loss which makes the victim lose his identity. In addition, the scope of the multi-interpretive criminal reparations is due to the unclear norms which regulate, for example, the category of rape itself. This research is a normative legal research that examines relevant laws and regulations and conceptualizes the law as the norm. From the results of the study found the unclear norms stipulated in article 285 of the Criminal Code, which resulted in the application of law enforcement to victims resulting in legal uncertainty, an increasingly broad category of actions while the legal norms did not specify the actions of the rape, from the results of the research the revision of the Criminal Code as a form of renewal of criminal law specifically article 285..

PERLINDUNGAN HUKUM BAGI ANAK YANG BERADA DALAM BINAAN PANTI ASUHAN Muhammad Salam Amrullah; Haedar Djidar; Nasti Nasti; Mudzakkar NB
Jurnal Andi Djemma | Jurnal Pendidikan Vol 5, No 1 (2022): Februari 2022
Publisher : Universitas Andi Djemma

Show Abstract | Download Original | Original Source | Check in Google Scholar

Perlindungan hukum yang dilakukan terhadap anak selayaknya dilakukan oleh pihak-pihak yang mengasuhnya yang dapat dilakukan oleh orang tua, wali, ataupun lembaga-lembaga sosial dan dibawah pengawasan serta bimbingan negara. Permasalahan dari penelitian ini yaitu apakah konsep perlindungan anak dalam pembinaan di panti asuhan dapat memberikan suatu jaminan agar anak dapat tumbuh kembang dan memperoleh hak-hak layaknya anak yang berada dalam binaan orang tua. Tujuan dari penelitian untuk mengetahui dan memahami konsep perlindugan anak yang berada dalam binaan panti asuhan. Dalam penelitian ini menggunakan penelitian hukum normatif dengan mengkaji seluruh aspek peraturan perundang-undangan yang berkaitan dengan pembinaan serta regulasi dari bentuk perlindungan anak yang berada dalam panti asuhan baik dalam hal kesehatan maupun pendidikan. bentuk-bentuk perlindungan hukum yang diberikan yaitu Bentuk perlindungan hukum dengan diakui sebagai anak yang berada dalam binaan panti asuhan. Bentuk perlindungan hukum dimana tanggung jawab penggurus panti asuhan sebagai Wali.

PENCABUTAN HAK MEMILIH DAN DIPILIH DALAM JABATAN PUBLIK TERHADAP NARAPIDANA TINDAK PIDANA KORUPSI Muhammad Salam Amrullah
Jurnal Hukum Volkgeist Vol 1 No 2 (2017): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v1i2.99

Revocation of the right to vote and be elected in public office as an additional penalty applied to the defendant allows corruption cases. This research aimed (1) to investigate and analyze the relevance of the annulment of the vote right for the public position election of the corruption prisoners as seen from the perspective of the criminal aims; and (2) to investigate and analyze the factors effecting the annulment of the vote rights for the public positions of the corruption prisoners. The research was conducted in Jakarta city by choosing the institutions relevant to the problem s of this thesis; they were the corruption eradication commission (KPK), Jakarta first thesis instance court, constitutional court, and the supreme court. The method used was the empirical study of the normative law. The nature of the research was descriptive using the primary and secondary data collected from the documents and interview techniques as well as reading the materials related to the exixting problems. The collected data were the analyzed using the qualitative descriptive analysis. The research result revealed that the imposition of the right to vote and to be voted for the public positions as the additional penalty was considered relevant to the purpose of the punishment, I,e. to give retaliation and deterrent effect against the perpetrators of corruption. The law enforcement continued to expect that this additional punishment could prevent further corruption actions in the future. The factors effecting the implementation of the annulment of the right to vote and be voted for the public positions were already stated clearly in the law No. 31 of 1999 about the amendment of the criminal action corruption Jo the law No. 20 of 2001 about the amendment of the law No. 31 of 1999 about the eradication of the corruption criminal action, and the code of criminal law. As for its legal material, the conditions and mechanism of the annulment of the right to vote and be voted for public positions should be stated more clearly.

Reconstruction of law criminal development on victims of restoration as form of renewal Criminal law Muhammad Salam Amrullah
Jurnal Hukum Volkgeist Vol 3 No 2 (2019): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v3i2.128

The crime of rape carried out by people, experiencing a development in criminal law, the formulation of offenses in the Criminal Code makes the criminal act, does not give a sense of justice to victims where the threat of punishment is relatively small and there are multiple interpretations of legal norms, while victims suffer a psychological loss which makes the victim lose his identity. In addition, the scope of the multi-interpretive criminal reparations is due to the unclear norms which regulate, for example, the category of rape itself. This research is a normative legal research that examines relevant laws and regulations and conceptualizes the law as the norm. From the results of the study found the unclear norms stipulated in article 285 of the Criminal Code, which resulted in the application of law enforcement to victims resulting in legal uncertainty, an increasingly broad category of actions while the legal norms did not specify the actions of the rape, from the results of the research the revision of the Criminal Code as a form of renewal of criminal law specifically article 285..

ANALISIS HUKUM PENDAFTARAN TANAH TERHADAP TANAH KOMUNAL salam, safrin; Nurcahyo, Edy; Pahlawan MP, H. Muhamad Rezky; Amrullah, Muhammad Salam
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.7702

Customary land rights are the highest form of land ownership under customary law, encompassing all land within a specific customary legal jurisdiction, jointly held by members of the indigenous community. The purpose of this research is to find a model for registering communal land in the land registration system and to determine the legal status of communal land in the land registration system. The research methodology used in this study is normative legal research, employing various approaches such as statutory approach and conceptual approach. The legal sources used include primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that the registration of communal land in the land registration system, both de facto and de jure, has been recognized and protected through two regulations that acknowledge the existence of communal land, namely Ministerial Regulation No. 10 of 2016 and the Complete Systematic Land Registration (PTSL) program. Essentially, communal land controlled by indigenous communities will be acknowledged through a decree issued by the regent/mayor/governor for the registered communal land at the local National Land Agency (BPN) office. However, the legal status of communal land in the Land Registration System shows that communal land is not included in the rights to land as regulated in Government Regulation No. 24 of 1997 concerning land registration. Therefore, a revision of the land registration regulation is necessary to ensure the legal certainty of communal land controlled by indigenous communities

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