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All Journal Jurnal Yustitia Hakamain: Journal of Sharia and Law Studies
Yenny Fitri Z.
Universitas Muhammadiyah Sumatera Barat
Law, Crime, Criminology & Criminal Justice

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Legal Certainty in Prosecutorial Indictments of Criminal Cases in Tanah Datar Regional Regent Election Fery Ardiansyah; Yenny Fitri Z.
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1682

Abstract

This study aims to analyze legal certainty in prosecutorial indictments of criminal cases related to the Tanah Datar Regional Regent Election and to examine factors affecting the consistency of electoral criminal law enforcement within regional democratic processes in Indonesia. The research employed a qualitative juridical approach with a case study design. Data were collected through the analysis of prosecutorial indictments, electoral regulations, court decisions, and interviews with legal actors involved in electoral criminal law enforcement. The findings reveal that prosecutorial indictments were generally formulated in accordance with Indonesian criminal procedural law and electoral regulations by incorporating factual evidence, witness testimonies, and reports from election supervisory institutions. Such formulation contributes to legal certainty in the prosecution process by ensuring that criminal charges are based on clear legal grounds and evidentiary standards. However, several factors affecting legal certainty were identified, including limited institutional coordination, difficulties in obtaining reliable evidence, inconsistencies in legal interpretation, and political pressures during regional elections. The study further demonstrates that legal certainty in prosecutorial indictments plays an important role in ensuring fairness, consistency, and accountability in handling electoral criminal cases. Prosecutorial indictments function not only as procedural legal instruments but also as mechanisms for maintaining democratic integrity and public trust in electoral processes. The study concludes that strengthening legal certainty in prosecutorial indictments significantly influences the quality of electoral justice and democratic accountability in regional elections and contributes to the development of electoral criminal law studies in Indonesia.
Protection of Children's Rights During Homicide Investigations at Padang Panjang Police Resort, Indonesia Fitri Yanti; Yenny Fitri Z.
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1684

Abstract

This study was motivated by the practice of investigating child homicide offenders at the Women and Children Protection Unit (PPA Unit) of Padang Panjang Police Resort, where investigations were conducted by general investigators rather than specialized child investigators. This condition raises concerns regarding the conformity of investigative practices with child rights protection principles as regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2014 concerning Child Protection. Therefore, this study aims to analyze the investigation process involving child homicide offenders and examine whether children’s rights have been substantively fulfilled during such investigations. This study employed an empirical juridical method with a descriptive-analytical approach. Data were collected through interviews, case document studies, and analyses of relevant statutory regulations. Data validity was ensured through source triangulation and cross-checking procedures using official legal documents, including Notification of Commencement of Investigation (SPDP) and case completion reports (P21). The findings indicate that, formally, the rights of children during the investigation process had generally been fulfilled in accordance with existing legal provisions. Children received legal assistance, parental accompaniment, and procedural safeguards during investigations. However, substantively, potential gaps remain, particularly concerning the competence of general investigators in handling child-related cases and the implementation of the best interests of the child principle. The novelty of this research lies in its analysis of the tension between handling serious criminal offenses and implementing child protection principles during investigation practices within the juvenile criminal justice system in Indonesia.
ANALISIS YURIDIS PELAKSANAAN PIDANA TAMBAHAN KEBIRI OLEH DOKTER BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK Edwin Edwin; Yenny Fitri Z.
Yustitia Vol. 11 No. 2 (2025): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v11i2.331

Abstract

The Indonesian government issued the Government Regulation in Lieu of Law Number 1 of 2016 concerning additional castration penalties, becoming Law Number 17 of 2016. Since the issuance of the regulation, there have been several court decisions that have sentenced perpetrators of sexual violence against children to additional chemical castration penalties. However, legal problems arise when competent doctors openly refuse to be executors of chemical castration. This study focuses on: How is the regulation of the implementation of additional castration penalties by doctors for perpetrators of sexual violence against children? And what are the legal problems found in the additional castration penalty regulations for perpetrators of sexual violence against children? The research method used is a normative research method in the form of a bibliography. Hasil penelitian: there is a need to review Government Regulation Number 70 of 2020, because many articles are not clearly explained so as not to cause problems when chemical castration is carried out; and the problems of doctors who refuse to be chemical castration is carried out, and the unclear specialist doctors who have the competence to be executors.
Co-Authors Edwin Edwin Fery Ardiansyah Fitri Yanti