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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Legal Standing : Jurnal Ilmu Hukum Unes Law Review Journal of Education, Humaniora and Social Sciences (JEHSS) Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Proceeding International Seminar of Islamic Studies INSPIRING LAW JOURNAL Neoclassical Legal Review: Journal of Law and Contemporary Issues
Abduh, Rachmad
Unknown Affiliation
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Prosedur Penanganan Hukum Anak Pelaku Tindak Pidana Narkotika: Perbandingan Hukum Indonesia-Thailand Sembiring, Kirensi; Abduh, Rachmad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11097

Abstract

This research aims to explore the sentencing regimes applied to child offenders in the context of narcotic crimes in Indonesia and Thailand, as well as conduct a comparative study on the legal handling procedures applicable in both jurisdictions. Children represent the demographic with the highest prevalence of narcotic use globally. The normative framework in Indonesia is constructed through specific legislative instruments, namely the Republic of Indonesia Law No. 35 of 2009 regarding Narcotics and the Republic of Indonesia Law No. 11 of 2012 governing the Child Criminal Justice System. In the context of Thailand, related regulations are implemented through the Narcotic Act B.E 2522 and Juvenile Court B.E 2494. Narcotic abuse can be perceived as a crime without victim (crime without victim). This terminology indicates that this illegal activity does not produce external suffering, but rather the perpetrator themselves experiences detrimental consequences. This study is a library research with a normative approach, using documentary study methods to collect information and analyzed through qualitative interpretive procedures. The investigation results reveal that the legal regimes in Indonesia and Thailand apply a rehabilitative approach, both through non-institutional and institutional interventions, with the primary focus on protecting the rights of children involved in criminal acts.
Esensi Delik Obstruction of Justice Dalam Konstruksi Hukum Pidana Keysha, Saradiba; Abduh, Rachmad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1670

Abstract

Obstruction of justice is a criminal offense formulated in the Criminal Code to protect the judicial process so that it runs fairly and prevents manipulation. However, law enforcement against obstruction of justice in Indonesia is considered to be still weak due to several obstacles such as unclear article formulations, weak cooperation between related institutions, minimal internal supervision and lack of public understanding. Therefore, various comprehensive improvement efforts are needed both in terms of regulations, coordination between institutions, internal supervision, and public education so that enforcement of obstruction of justice laws can run effectively and optimally in Indonesia.
Sanksi Pidana Terhadap Pelaku Importir Pakaian Bekas Oqsana Lubis, Haviza; Abduh, Rachmad
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1735

Abstract

Clothing is an essential need that is as important as food and shelter for humans. For business actors, this creates new business opportunities to provide quality clothing with various types and models but at affordable prices, so the idea arises for business actors to import used clothing. Importing used clothes is the activity of bringing used clothes from abroad into the country. These used clothes are offered at more affordable prices. This research aims to determine criminal sanctions against perpetrators who import used clothing. The method used in this research is normative juridical. The data analysis method is carried out by collecting data by reviewing primary legal materials and library materials or secondary legal materials, both in the form of documents and applicable laws and regulations. In Law Number 7 of 2014 concerning trade, regulations and sanctions are regulated against importers of used goods. The results of this research indicate that the import and trade of used clothing in Indonesia is an economic crime and is punishable by criminal penalties. Importing second-hand clothing is a criminal act of commissionism, namely a criminal act resulting from a violation of the orders of Law Number 7 of 2014 concerning Trade. Each violation carries a maximum prison sentence of 5 years with a maximum fine of 5 billion rupiah.
A Comparison of the Legal Process for Determining Suspects in Corruption Cases in Indonesia and Thailand Siregar, Mohammad Haikal Athallah; Abduh, Rachmad
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.64865

Abstract

Corruption is an extraordinary crime with serious implications for state stability, social justice, and public trust, requiring effective legal mechanisms that also safeguard human rights. A crucial stage in corruption law enforcement is the determination of suspects, as it initiates formal legal proceedings and carries significant legal consequences. This study analyzes and compares the mechanisms for determining suspects in corruption cases in Indonesia and Thailand, as well as the role of specialized institutions in each system. Using normative legal research with statutory and comparative approaches, this study examines primary, secondary, and tertiary legal materials through qualitative analysis. The findings show that Indonesia applies a formal procedural mechanism under the Criminal Procedure Code (KUHAP), combined with judicial oversight through pretrial review to protect suspects’ rights. In contrast, Thailand centralizes authority in the National Anti-Corruption Commission (NACC) through a preliminary inquiry mechanism that prioritizes institutional effectiveness but provides limited judicial oversight at the early stage. These differences reflect distinct legal policy choices in balancing anti-corruption effectiveness and human rights protection. This study highlights the trade-off between procedural safeguards and institutional efficiency in the two systems.
From Legal Recognition to Enforcement: Comparative Protection of Workers with Disabilities in Indonesia and Malaysia Ginting, Ahmad Zaky; Abduh, Rachmad
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.66119

Abstract

Ensuring equal employment opportunities for persons with disabilities remains a major challenge in many countries, including Indonesia and Malaysia, despite the existence of international standards such as the International Labour Organization (ILO) Convention No. 159 and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This study examines the regulation and effectiveness of employment protection for workers with disabilities in both countries, particularly regarding the principles of non-discrimination, reasonable accommodation, and access to legal remedies. This research adopts a normative legal approach using statutory, conceptual, and comparative methods. The analysis is based on primary legal materials, including Law No. 8 of 2016 on Persons with Disabilities and Law No. 13 of 2003 on Manpower in Indonesia, as well as the Persons with Disabilities Act 2008 and the Employment Act 1955 in Malaysia, together with international instruments such as the CRPD and ILO Convention No. 159. These materials are analyzed through comparative legal analysis and norm synchronization to evaluate the coherence, enforceability, and institutional mechanisms of disability employment protection in both countries. The findings show that Indonesia demonstrates stronger formal commitments, particularly through constitutional guarantees and a mandatory employment quota for persons with disabilities. However, its effectiveness is limited by regulatory fragmentation, the absence of technical standards for reasonable accommodation, and weak enforcement mechanisms. In contrast, Malaysia lacks a legally binding quota system but provides stronger administrative enforcement and dispute resolution mechanisms, enabling more operational protection in practice. This study contributes to the literature on comparative disability employment law in Southeast Asia by demonstrating that the effectiveness of disability protection depends not only on the existence of legal norms or international treaty ratification but also on regulatory coherence and enforceable institutional mechanisms. The findings highlight the need for regulatory harmonization, stronger enforcement systems, and clear standards for reasonable workplace accommodation to improve the protection of workers with disabilities.
Co-Authors Br Pardede, Alya Nazwa Ginting, Ahmad Zaky Hutasuhut, Amanda Rizda Fitria Keysha, Saradiba Lesmana, Wiyata Yudha Oqsana Lubis, Haviza Randu, Zaura Salsabillah, Neifa Sembiring, Kirensi Siregar, Mohammad Haikal Athallah