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All Journal Didaktik : Jurnal Ilmiah PGSD STKIP Subang
Abdul Rahman
Universitas Islam Riau
Education

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PROBLEMATIKA PUTUSAN PIDANA PENGAWASAN: TINJAUAN KEKOSONGAN PARAMETER PEMIDANAAN DAN KONSEKUENSI EKSEKUTORIAL BERDASARKAN UU NOMOR 1 TAHUN 2023 Abdul Rahman; Yudi Krismen
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 02 (2026): Volume 12 No. 2, Juni 2026 Public
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i02.15662

Abstract

The reform of the criminal justice system through Law No. 1 of 2023 on the National Criminal Code has brought fundamental changes to the adjudication stage, particularly a paradigm shift in judicial decisions from retributive to restorative through the instrument of Probation. This study aims to analyze the legal issues in the process of determining probation sentences due to the absence of Sentencing Guidelines, as well as to examine the institutional readiness of the Correctional Institution (BAPAS) in implementing these sentences in the field. This normative legal study employs a legislative and conceptual approach, relying on the analysis of both primary and secondary legal materials. The findings indicate that the absence of measurable technical sentencing guidelines results in judges’ discretionary authority becoming overly broad, thereby creating a risk of discriminatory disparities in rulings for cases with similar characteristics. Furthermore, court rulings imposing non-custodial sanctions risk losing their enforceability due to a shortage of Probation Officers and inadequate BAPAS facilities, which ultimately reduces the meaning of supervision to a mere administrative formality. As a solution, this study recommends the issuance of implementing regulations that strictly mandate the use of the Pre-Sentence Report as an objective basis for consideration before a judge issues a ruling.
EFEKTIVITAS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN BBM BERSUBSIDI JENIS SOLAR YANG BERDAMPAK PADA PENAMBANG EMAS TANPA IZIN DI WILAYAH POLRES KUANTAN SINGINGI Abdul Rahman; Yudi Krismen
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 02 (2026): Volume 12 No. 2, Juni 2026 Public
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i02.15664

Abstract

The misuse of subsidized diesel fuel is a criminal offense that not only causes financial losses to the state but is also closely linked to the rampant illegal gold mining activities occurring in Kuantan Singingi Regency. The availability of subsidized diesel fuel supports the operation of the dredging machines used by illegal miners; therefore, law enforcement against these two crimes should be conducted synergistically. This study aims to analyze the effectiveness of law enforcement by the Kuantan Singingi Police against the criminal misuse of subsidized diesel fuel and its impact on illegal gold mining activities in the region. The research method employed is a normative legal approach using legislative and conceptual frameworks. The findings indicate that law enforcement against the misuse of subsidized diesel has not been effective due to limited resources, weak inter-agency coordination, and a lack of commitment among law enforcement officials. These conditions directly contribute to the continued operation of unlicensed gold mining, which is increasingly widespread. Comprehensive and coordinated legal enforcement system reform is needed to break the chain linking these two interconnected crimes.
Co-Authors Yudi Krismen