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All Journal JURNAL MAHKAMAH Ranah Research : Journal of Multidisciplinary Research and Development
Isfandir Hutasoit
Universitas Riau Kepulauan, Indonesia
Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Transportation Other

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Pertanggungjawaban Pidana Aparat Penegak Hukum dalam Kasus Salah Tangkap Ditinjau dari Perspektif Keadilan Restoratif Akhiruddin Tanjung; Isfandir Hutasoit; Edwar Kelvin
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 4 (2026): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i4.2174

Abstract

This study aims to analyze the forms of criminal liability for law enforcement officers in cases of wrongful arrest, viewed through the lens of restorative justice. A wrongful arrest constitutes a procedural violation in law enforcement that not only causes material and non-material harm to the victim but also potentially erodes public trust in law enforcement institutions. This research employs a normative legal research method utilizing conceptual and statutory approaches. Legal materials were gathered through a literature review of legislation, legal doctrine, and various writings concerning restorative justice and the liability of law enforcement officers. Data analysis was conducted qualitatively using a deductive approach. The findings indicate that law enforcement officers who commit procedural errors resulting in a wrongful arrest can be held criminally liable under positive criminal law provisions, such as Article 333 of the Criminal Code (KUHP) regarding the unlawful deprivation of liberty and Article 421 of the KUHP regarding the abuse of authority by an official to compel someone to perform, refrain from performing, or tolerate an act. Furthermore, if the action involves violence or human rights violations, the officers may also be held liable under other relevant criminal provisions. From a restorative justice perspective, resolving wrongful arrest cases is not solely oriented toward punishing the perpetrator but also emphasizes restoring the victim's rights through the rehabilitation of their reputation, the provision of compensation or restitution, institutional apologies, and the restoration of the victim's psychological and social well-being. This approach broadens the criminal justice system's orientation from mere punishment to the reparation of harm suffered by the victim and the strengthening of law enforcement accountability, thereby fostering a criminal justice system that is more humane, equitable, and focused on the protection of human rights.
Kriminalisasi Praktik Perkawinan Tidak Tercatat yang Berdampak pada Kerugian Perempuan dan Anak Denni Rade Situmeang; Isfandir Hutasoit; Edwar Kelvin
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 4 (2026): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i4.2175

Abstract

This study discusses the criminalization of unregistered marriage practices (nikah sirri) that result in legal harm to women and children from the perspective of Indonesian criminal law. The main issue examined in this research is the legal status of unregistered marriages within the Indonesian legal system and the extent to which such practices can be criminalized under the new Criminal Code (KUHP). The method used is normative legal research with statutory, conceptual, and case approaches, conducted through library research on primary and secondary legal materials. The findings show that normatively, the Marriage Law requires marriage registration as an administrative requirement to provide legal certainty and protection. However, in practice, many unregistered marriages still occur, causing uncertainty regarding the legal status of wives and children, particularly in relation to maintenance rights, inheritance, and population administration. The new Criminal Code does not explicitly criminalize nikah sirri, but it provides criminal sanctions for accompanying acts such as document forgery, marriages conducted despite legal impediments, and child marriages. This study also finds a shift in the paradigm of criminal law, which has begun to enter the private sphere of the family as a form of protection for women and children. Nevertheless, caution is needed in the implementation of criminalization to avoid over-criminalization and the blurring of boundaries between criminal law and administrative law. Therefore, strengthening legal policies that balance administrative and criminal approaches is important to provide more effective and equitable legal protection for vulnerable groups.
Penegakan Hukum Pidana terhadap Tindak Pidana Penelantaran dalam Lingkup Keluarga dalam Perspektif Hukum Positif dan Nilai Sosial Marzukri Hendrix; Isfandir Hutasoit; Edwar Kelvin
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 4 (2026): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i4.2176

Abstract

This study aims to analyze criminal law enforcement regarding the crime of neglect within the family, viewed through the perspectives of positive law and social values. It employs a normative legal research method utilizing both statutory and conceptual approaches. Secondary data were analyzed qualitatively using a deductive reasoning approach. The findings indicate that legal provisions concerning family-based neglect are accommodated across various instruments, including the old and new Criminal Codes (KUHP), Law Number 35 of 2014 on Child Protection, and Law Number 23 of 2004 on the Elimination of Domestic Violence. However, the Child Protection Law serves as the most appropriate lex specialis for addressing child neglect, as it specifically regulates the subjects involved, the nature of the acts, and the applicable criminal sanctions. Conversely, law enforcement practice faces obstacles, such as a tendency to resolve cases through mediation and the perception of neglect as a private family matter, which often prevents criminal prosecution. From the perspective of social values, cultural norms regarding family dynamics influence law enforcement, creating a gap between legal norms and their actual implementation. In conclusion, consistent application of legal principles and the strengthening of the role of law enforcement officials are essential to ensure optimal and equitable protection for children who are victims of neglect. The study implies a need to harmonize criminal law policies and strengthen child protection mechanisms based on a restorative approach, while prioritizing the principle of the best interests of the child. Furthermore, enhanced coordination and synergy among law enforcement agencies, child protection institutions, and the community are required to ensure the sustained effectiveness of law enforcement against the crime of child neglect.
The Urgency of Legal Regulation on the Responsibility of Sea Transportation Business Actors for Passenger Losses Due to Ship Accidents in Indonesia Ariyanto; Isfandir Hutasoit; Indra Sakti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7858

Abstract

This study analyzes the urgency of legal regulation of the liability of sea transportation business actors for passenger losses due to ship accidents in Indonesia. The main problems studied are the fragmentation of regulations between the Civil Code, the Criminal Code, Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, and the compulsory passenger insurance scheme. This research uses a normative juridical method with a legislative, conceptual, and case approach. Primary legal materials include laws and regulations in the field of shipping, consumer protection, and mandatory passenger accident coverage, while secondary legal materials are in the form of journal articles, official reports on ship accidents, and transportation law literature. The analysis is carried out in a prescriptive-qualitative manner through the synchronization of norms and legal interpretation. The results of the study show that the responsibility of sea transportation business actors still does not provide optimal certainty because there are differences in the basis of responsibility, a heavy burden of proof for victims, limited information on the seaworthiness of the ship, and the unclear relationship between mandatory insurance compensation and follow-up compensation claims. Therefore, strengthening regulations needs to be directed at harmonizing norms, transparent standards for compensation claims, risk-based feasibility audits, safety information disclosure obligations, and more effective enforcement of sanctions.
Co-Authors Akhiruddin Tanjung Ariyanto Denni Rade Situmeang Edwar Kelvin Indra Sakti Marzukri Hendrix