Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : Multidisciplinary Journals

Analysis Of The Vrijspraak Decision Of The Bireuen District Court Number : 202/Pid.Sus/2024/Pn Bir And Examination Of The Public Prosecutor's Cassation Decision Number: 7506 K/Pid.Sus/2025: - Putra, Muhammad Iqbal Mannur; Ariadi, Agus
Multidisciplinary Journals Vol. 2 No. 4 (2025): Desember
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mj.v2i4.1086

Abstract

This study aims to analyze in depth the dynamics of criminal procedural law in narcotics cases through a case study of the Bireuen District Court's Vrijspraak Decision Number : 202/Pid.Sus/2024/PN Bir and an examination of the Cassation decision submitted by the Public Prosecutor, namely the Supreme Court Decision Number : 7506 K/Pid.Sus/2025. This study uses a normative legal research method, which analyzes court decisions as positive rules. The case approach is used to critically compare the ratio decidendi of two court decisions at different levels. The results of the study indicate that the Bireuen District Court erred in applying the doctrine of limited negative evidence by prioritizing the lack of physical control of narcotics (insufficient valid evidence), which resulted in the failure to form a conviction in the judge. The Public Prosecutor challenged the decision by arguing an error in the application of the law (onjuiste toepassing van het recht). The Supreme Court, as judex juris, corrected the error in the ruling by confirming that the element of "intermediary" had been fulfilled through the defendant's functional role in the criminal network, even though evidence was found on another party. This correction affirmed the Supreme Court's role as guardian of the unity of substantive law.
Legal Analysis Land Parcel Sale and Purchase Agreement Entered Into by Dewe Land Parcel Developer in Kudus Regency Hana , Mohammad Yusrul; Ariadi, Agus
Multidisciplinary Journals Vol. 3 No. 1 (2026): March
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mj.v3i1.1154

Abstract

This study aims to analyze the validity and legal certainty of the sale and purchase agreement of land plots conducted by developer Kavling Dewe in Kudus Regency, and to identify clauses that have the potential to harm consumers (adverse clauses). The type of research used is normative juridical with statutory and conceptual approaches. The data used is secondary data sourced from primary, secondary, and tertiary legal materials. The results show that substantively, the sale and purchase agreement made by developer Kavling Dewe has fulfilled the requirements for a valid agreement as regulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). However, in practice, several clauses were found to be entirely dominated by the developer, such as clauses regarding late payment, force majeure, and dispute resolution which tend to burden the consumer and are unbalanced. These clauses have the potential to contradict the principle of good faith and the principle of balance in contract law, and violate the provisions of Law Number 8 of 1999 concerning Consumer Protection. Stricter supervision from the Financial Services Authority (OJK) and the Consumer Dispute Settlement Agency (BPSK) is needed to ensure balanced legal protection for the parties.
Implementation of Restorative Justice By The Police In Handling Children's Theft Crimes In The City Of Sibolga Surbakti, Perdana A.R; Ariadi, Agus
Multidisciplinary Journals Vol. 3 No. 1 (2026): March
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mj.v3i1.1155

Abstract

The implementation of restorative justice by the police in handling theft crimes in the City of Sibolga is carried out in accordance with the mandate of the Juvenile Criminal Justice System (SPPA) Law, emphasizing the urgency of rehabilitation rather than repressive actions towards children to create social welfare for children as offenders. The purpose of the study is to analyze the implementation of restorative justice by the police in achieving restorative justice for children as perpetrators, victims, and the community, as well as to identify the supporting and inhibiting factors in its implementation. The research method used is qualitative with a case study approach, involving in-depth interviews with police officers, social workers, parents of child offenders, and victims, as well as document analysis related to cases of child theft handled using the restorative justice approach in the City of Sibolga. The results of the study indicate that the implementation of restorative justice by the police in Sibolga City has been carried out, although there are variations in its success rates, as seen from the recurrence of offenses committed by children. Mediation and deliberation to reach an agreement are important parts of this method, allowing dialogue among all parties to find restorative solutions. The level of success highly depends on the willingness of all parties to actively participate, the capabilities of competent facilitators, as well as support from relevant institutions and the broader community. However, there are challenges such as the public's lack of understanding of restorative justice, limited resources, and resistance from some parties, which remain significant obstacles. This research clearly shows that restorative justice provides a good alternative in handling crimes involving children, with the potential to reduce the rate of repeat offenses and support the social well-being of children in the City of Sibolga.