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All Journal Journal Evidence Of Law
Ismaidar Ismaidar
Universitas Pembangunan Panca Budi, Kota Medan, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Criminal Law Politics on The Granting of Reintegration Rights to Community Inmates (Study at Class II A Binjai Prison) Sudarno Hariadi Nasution; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.2076

Abstract

Indonesia's national legal policy is based on the state's vision, as formulated in the Preamble to the 1945 Constitution of the Republic of Indonesia, namely to protect the entire nation, advance public welfare, and enhance the nation's intellectual life, as well as to contribute to maintaining world order to achieve social justice.This research was conducted in Binjai City, specifically at the Class II A Binjai Penitentiary Office. This research employed an empirical juridical approach. Data obtained in the field were presented descriptively using an empirical normative approach.This research aimed to determine the criminal law policy regarding the granting of reintegration rights to inmates at the Class II A Binjai Penitentiary and the obstacles encountered in granting reintegration rights to inmates at the Class II A Binjai Penitentiary. Based on the research findings, the author found that the implementation of the rules and policies granting reintegration rights to inmates is based on Law No. 12 of 1995, which has been amended by Law No. 22 of 2022 concerning Corrections. The obstacles faced in granting reintegration rights come from the correctional inmates themselves due to a lack of concern for the administrative rules and conditions stipulated for granting reintegration rights to correctional inmates.
Legal Analysis of The Implementation of Restorative Justice in Domestic Violence Cases Nora Elida Manurung; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar
Journal Evidence Of Law Vol. 5 No. 1 (2026): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i1.2240

Abstract

This study aims to analyze the implementation of restorative justice in domestic violence (DV) cases from a positive legal perspective. The approach used is normative juridical, examining legislation, doctrine, and cases. Restorative justice, as an alternative to resolving criminal cases, emphasizes restoring relationships between perpetrators, victims, and the community without neglecting substantive justice. In cases of domestic violence, its implementation faces a dilemma between social recovery and protecting the rights of victims, particularly women and children. The analysis shows that the implementation of restorative justice in DV cases can only be carried out with caution, while still observing the principle of non-discrimination and the victim's right to a sense of security. The effectiveness of restorative justice in DV cases depends heavily on oversight of its implementation.
Legal Analysis of Judges Considerations on The Differences in Decisions of Acuitting All Legal Claims at The District Court Level and The Cassation Level in Cases of Illegal Plantation Land Control Erlina Damanik; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar
Journal Evidence Of Law Vol. 5 No. 2 (2026): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i2.2655

Abstract

This study aims to analyze the judicial reasoning underlying the differences in decisions of acquittal from all legal charges (onslag van alle rechtsvervolging) between the District Court and the cassation level in cases involving unlawful control of plantation land. These differing decisions indicate variations in legal interpretation, particularly regarding the application of the elements of criminal offenses and the assessment of evidentiary facts presented during trial. The research employs a normative legal method with both statutory and case-based approaches. Data were collected through library research, including the analysis of court decisions, statutory regulations, and relevant legal literature. The findings reveal that judges at the District Court level, acting as judex facti, tend to focus on factual examination and conclude that the defendant’s conduct does not fulfill the elements of a criminal offense, resulting in a decision of acquittal from all charges. In contrast, at the cassation level, the Supreme Court, as judex juris, identifies errors in the application of law by the judex facti, particularly in interpreting the element of unlawfulness and the relationship between the defendant’s actions and the applicable criminal provisions. These differences in judicial decisions reflect the existence of interpretative space within criminal law, as well as the importance of consistency in the application of legal norms.This study concludes that such discrepancies in judicial decisions are influenced not only by the factual circumstances of the case but also by the perspectives of judges in interpreting the law. Therefore, clearer guidelines are required to ensure legal certainty and uniformity in judicial decisions within criminal justice practice.
Co-Authors Abdul Rahman Maulana Siregar Erlina Damanik Nora Elida Manurung Sudarno Hariadi Nasution