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All Journal Jurnal Independent Jurnal Integrasi Ilmu Syariah (Jisrah) HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Isnaini, Enik
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Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Review of the Defense of Forced Excess (Noodweer Exces) in the Crime of Assault in Decision No. 4/Pid.B/2024/PN JNP Nugroho, Fajar Seto; Isnaini, Enik; Sofyan, Mohammad Riyadi
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.334

Abstract

ABSTRACT Noodweer excess is a condition where a person commits an unlawful act as a form of forced defense that exceeds the limit due to a threat or sudden attack. The justification for Noodweer excess is regulated in Article 49 paragraph (2) of the Criminal Code which allows the judge not to impose a sentence if there is a legitimate reason for self-defense, so that the defendant can be released from the clutches of the criminal code. This also becomes the legal basis for the judge in decision Number 4 / Pid.B / 2024 / PN JNP to provide an acquittal for the defendant who has been proven to have committed a crime that resulted in the death of a person. Based on the background above, the author proposes a formulation of the problem, namely; first, how is the regulation of forced defense beyond the limit (noodweer excess) in the Criminal Code?, second, how is the analysis of the judge's considerations in decision Number 4 / Pid.B / 2024 / PN JNP. This research method uses a normative legal research type, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials including: Criminal Code and Decision Number 4/Pid.B/2024/PN JNP. From the results of the study, it can be concluded that: first, Article 49 paragraph 2 of the Indonesian Criminal Code (KUHP) regulates forced defense (noodweer excess) that exceeds the limit. The act is still against the law, but due to the conditions or reasons for the forced defense that exceeds the limit, the error is eliminated. Justifying and forgiving reasons can eliminate the criminal nature of an act. Second, Case Number 4/Pild.B/2024/PN. Jnp shows that the defendant cannot be punished because his actions meet the requirements of noodweer excess, as a response to threats with a knife from the victim. The defendant's actions are proven to meet the elements of forced defense that exceeds the limit which is carried out due to mental shock due to serious attacks or threats.
TERMINATION OF ACCURATE INVESTIGATIONS AND RESTORATIVE JUSTICE Suisno; Isnaini, Enik; Royani, Ahmad; Arifah, Nur
Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i1.348

Abstract

Abstraction Restorative Justice accommodates the interests of the parties, including the victim, because the victim in this case is involved in determining the sanctions for the perpetrator. Restorative Justice returns conflict to the most affected parties (victims, perpetrators and “their community”) and gives priority to their interests. Restorative justice seeks to restore the victim's safety, personal respect, dignity, and more importantly a sense of control. By adhering to the paradigm of restorative justice, it is hoped that the loss and suffering suffered by the victim and his family can be recovered and the guilt burden of the perpetrator of the crime can be reduced because he has received forgiveness from the victim or his family.
Legal Accountability of Persons with Disabilities as Perpetrators of Criminal Acts of Sexual Violence Isnaini, Enik; Kasumawati, Devi; Rupawanti, Nadia
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.385

Abstract

In the Crime of Sexual Violence, a person with a disability is not only a potential victim, but can also be a perpetrator. People with disabilities are also categorized as legal subjects. This raises legal issues related to the capacity to be criminally responsible, as well as how the legal system provides fair treatment for both victims and perpetrators. However, it still provides fulfillment of rights and protection for people with disabilities as perpetrators of sexual violence. Legal accountability for people with disabilities as perpetrators of sexual violence must continue to be enforced in accordance with applicable regulations and perpetrators are required to be held accountable for their actions, if they are in a condition capable of being responsible. Therefore, in this case, it is not only providing justice for the victim but also for the perpetrator by paying attention to the law running fairly and non-discriminatory.
Legal Responsibility for Perpetrators of Burning Electronic Component Waste in Open Spaces Tjahjanjani, Joejoen; Isnaini, Enik; Nida, Khairun; Pradana, Hendy Surya
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.392

Abstract

Environmental pollution, especially caused by the open burning of waste electronic components, is very dangerous to the environment and living things. In addition, electronic waste has various forms, so there is a need for environmental legal regulations that regulate electronic waste specifically. The research method in this study uses a normative juridical research type, with a statute approach and a concept approach. The primary legal material used is Law Number 32 of 2009 concerning Environmental Protection and Management. From the results of the research carried out, it can be concluded that; First, that the legal basis for environmental pollution due to the open burning of electronic component waste refers to Government Regulation Number 101 of 2014 concerning the Management of Hazardous and Toxic Materials Article 5 Paragraph (2) because this type of waste should not be disposed of carelessly because the content in it can damage the environment. That for the management of electronic component waste, it must be carried out by a licensed and certified institution from the Ministry of Environment and Forestry Second, that legal sanctions against the perpetrators of the disclosure of electronic component waste include administrative sanctions that do not exempt the person in charge of the business and activity from the responsibility for recovery, civil sanctions are aimed at every person in charge of the business or activity that violates the law in the form of environmental pollution, criminal sanctions resulting from exceeding ambient air quality standards, water quality standards, seawater quality standards or deliberate environmental damage, because the effects of open burning due to electronic component waste are very harmful to the environment.
Freedom of Expression in Critical Content on Public Infrastructure via Social Media Chusnul Khitam, Muhammad; Isnaini, Enik; Rizkiyah, Putri Ainiyatur
Jurnal Independent Vol. 13 No. 2 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.393

Abstract

Freedom of speech is the right of every person to express their opinions regarding criticism, suggestions, and opinions. One form of conveying criticism is by creating content related to public infrastructure. Based on this background, the author proposes a formulation of the problem, namely, first, how are the legal rules for freedom of speech on social media. Second, how is the legal protection for content creators criticizing public infrastructure on social media. This research method uses a normative juridical research type, with a statute approach. The legal materials used are primary legal materials including: the 1945 Constitution, Law Number 9 of 1998, Law Number 39 of 1999 and Law Number 1 of 2024, the second amendment to Law Number 11 of 2008. From the results of the study, it can be concluded that: the legal rules for freedom of opinion on social media are regulated in Article 28E paragraph (3) of the 1945 Constitution, regulated in Article 1 paragraph (1) of Law Number 9 of 1998 and in Article 23 paragraph (2) of Law Number 39 of 1999. And legal protection for creators of content criticizing public infrastructure is regulated in Article 28F of the 1945 Constitution and regulated in Article 14 paragraph (2) of Law Number 39 of 1999, and based on the Constitutional Court Decision Number 105/PUU-XXII/2024. Given that the rights that a person has carry the consequence of an obligation to respect the rights of others or with society, then this right does need to be limited. This limitation is regulated in Law Number 1 of 2024, the second amendment to Law Number 11 of 2008, where this limitation also plays a role as an ethic in interacting through various media, one of which is social media.
Co-Authors Achmad Royani Anwar, Ahmad Brain Cahyani, Nurma Chusnul Khitam, Muhammad Devi Kasumawati Hadinata, Candra Tirta M. Yanto Manggala Putera, M. Yuda Muljono, Bambang Eko Nahdliyah, Hadziqotun Nida, Khairun Ningtias, Ayu Dian Nugroho, Fajar Seto NUR ARIFAH Nurahmawati, Dian Pradana, Hendy Surya Ramadlan, Muhammad Andika Rizkiyah, Putri Ainiyatur Rochmawanto, Munif Rochmwanto, Munif Royani, Ahmad Rupawanti, Nadia Sakti, Rindy Kumala Sastradinata, Dhevi Nayasari Shodiq, Ja'far Sofyan, Mohammad Riyadi Suisno Suisno, Suisno Tjahjanjani, Joejoen Winarno, Jatmiko