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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Unram Law Review DE LEGA LATA: Jurnal Ilmu Hukum Morality :Jurnal Ilmu Hukum Widya Yuridika Jurnal Meta-Yuridis YUSTISI WAJAH HUKUM Jurnal Ilmu Hukum The Juris Awang Long Law Review Unes Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Pena Justisia: Media Komunikasi dan Kajian Hukum Rechtsregel : Jurnal Ilmu Hukum JURNAL ILMIAH ADVOKASI Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Pro Patria: Jurnal Pendidikan, Kewarganegaraan, Hukum, Sosial, dan Politik Buana Ilmu Hermeneutika : Jurnal Ilmu Hukum Eksekusi : Journal Of Law JHR (Jurnal Hukum Replik) Legal Spirit Alauddin Law Development Journal (ALDEV) Jurnal Supremasi LEGAL BRIEF Yustisi: Jurnal Hukum dan Hukum Islam Jurnal Hukum Lex Generalis Mendapo: Journal of Administrative Law Justisi : Jurnal Ilmu Hukum Jurnal Kewarganegaraan Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Jurnal Ilmiah Wahana Pendidikan UNES Journal of Swara Justisia PAMALI: Pattimura Magister Law Review Journal Equity of Law and Governance Collegium Studiosum Journal The International Journal of Politics and Sociology Research Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal Legisia Journal of Law, Poliitic and Humanities Jurnal Buana Pengabdian HUKMY : Jurnal Hukum Jurnal Hukum Caraka Justitia Journal of Basication (JOB) : Jurnal Pendidikan Dasar Jurnal Ilmiah Pembelajaran Sekolah Dasar Jurnal Hukum dan Keadilan Ipso Jure Jurnal Hukum Mimbar Justitia SASI Binamulia Hukum Journal of Strafvodering Indonesian

Muhamad Abas

Ilmu Hukum, Fakultas Hukum, Universitas Buana Perjuangan Karawang

Author-ID : 1735325

Religion Arts Humanities Automotive Engineering Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Physics Public Health Social Sciences Other

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LAW ENFORCEMENT EFFORTS AGAINST TRAFFIC ACCIDENT CRIMES LINKED TO LAW OF THE REPUBLIC OF INDONESIA NUMBER 22 OF 2009 CONCERNING TRAFFIC AND ROAD TRANSPORTATION Ranisya Hadi, Vira; Guntara, Deny; Abas, Muhamad
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6006

To encourage economic development, technological progress, local government, state formation, administrative responsibility, and the safe and effective transportation of people and goods across the country, the federal government must fulfill its commitment to a highly developed transportation infrastructure. The purpose of this is to learn about incidents involving vehicles and seek efforts from law enforcement and the public to reduce the number of traffic accidents. Empirical Juridical Methodology is used in this research process and research specifications use analytical descriptive. The results of the research from the first problem formulation are, as a preventive measure, increasing supervision of road traffic and transportation such as facilities and infrastructure, infrastructure, and vehicle safety on the road and secondly, based on the law, criminal accidents are an incident caused by unintentional, negligent and careless driving by a perpetrator. The author concludes that in efforts to enforce traffic laws, there needs to be awareness and an important role for the government, as well as law enforcers, to participate in encouraging the public to be more aware when driving and pay attention to whether vehicles are suitable for use or not. For perpetrators of traffic accident offenses there are sanctions that apply through Article 310, but in general in traffic accident cases the Restorative Justice method is often used because the incident is an Ordinary Offense. Keywords: Transportation; Traffic; Road Transport; Security.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.4932

Various factors such as social conditions, revenge, greed, and psychological problems can encourage a person to commit a criminal act, including premeditated murder regulated in Article 340 of the Indonesian Criminal Code. This qualitative research with a normative fiqh approach examines the causative factors, their relation to the theory of moral development, and the handling of the perpetrators. The results show that the motivation for premeditated murder is still at the preconventional stage of moral development, including punishment orientation and self-interest. Comprehensive handling efforts include early prevention, legal assistance, strengthening the justice system, inter-agency cooperation, rehabilitation, supervision of ex-convicts, victim protection, psychological counseling, international cooperation, law enforcement, and increasing public awareness, with the aim of preventing, handling, and rehabilitating perpetrators and protecting the public.

Restorative Justice Paradigm Shift based on Perma No. 1 of 2024 to Realize Victim Recovery and Criminal Accountability Adimu, Siva Rizkia; Guntara, Deny -; Abas, Muhamad -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.4933

Restorative Justice is considered an appropriate formulation to take into account the circumstances of victims of criminal acts which in the criminal justice system are usually considered to be only oriented towards criminalizing the perpetrators of the crime. The problem in this article focuses on the restorative provisions in Perma No.1/2024 concerning guidelines for trying criminal cases according to restorative justice, and the shift in the paradigm of restorative justice in Indonesia. The method in the following research is to use normative legal research, by analyzing the provisions related to restorative justice. The results of the research and discussion explain that the idea of restorative justice in Perma No.1/2024 explains that restorative justice is carried out with the intention of restoring victims and does not aim to eliminate criminal responsibility carried out in the form of a judge's or court decision. The next research result is the shift in the paradigm of restorative justice in Indonesia, which was originally through Police Regulation No. 8/2021 concerning Handling of Criminal Acts Based on Restorative Justice and Prosecutor's Regulation Number 15 of 2021 concerning Termination of Prosecution Based on Restorative Justice, restorative justice is considered a mechanism for terminating cases, which according to the author can cause problems for both victims and for the interests of the law itself, so the implementation of restorative justice should be in accordance with Perma Number 1 of 2024 which has shifted its paradigm not only as a victim's recovery by not eliminating criminal liability through a decision, not terminating the case.

CERTAINTY OF LEGAL PROTECTION FOR VICTIMS OF SEXUAL HARASSMENT AGAINST INDONESIAN MIGRANT WORKERS REVIEWED FROM ILO CONVENTION NO. 190 OF 2019 ON VIOLENCE AND HARASSMENT IN THE WORKPLACE Abas, Muhammad -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5051

Indonesia is one of the countries that sends many migrant workers abroad, migrant workers who in Indonesia are also called TKI (Tenaga Kerja Indonesia). The problems experienced by Indonesian migrant workers abroad are a form of human rights violations that are a form of modern slavery. Slavery is often associated with human trafficking, because it leads to physical or sexual exploitation for the benefit of an individual or group. In the case of Kartika Puspitasari, an Indonesian migrant worker who was beaten and burned by her former employer in Hong Kong finally managed to get compensation of more than $ 110,000 or equivalent to Rp1.66 billion. The torture that befell the 40-year-old migrant worker made headlines a decade ago. The case sparked calls from related parties to provide better protection for migrant workers . Kartika’s employer was sentenced and imprisoned in 2013. By reviewing the role of the Indonesian government in the case experienced by Kartika Puspitasari, we can see that the government has an important responsibility to protect the rights of Indonesian migrant workers who are victims of sexual harassment in the workplace, in accordance with the provisions contained in ILO Convention No. 190/2019.

Wasiat Wajibah dalam Sistem Kewarisan Islam di Indonesia: Studi Kasus Yurisprudensi dan Implikasinya bagi Ahli Waris Non-Muslim Fauzan, Rafli Akmal; Amalia, Lia; Abas, Muhamad
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5890

This article aims to analyze the regulations regarding compulsory bequests (wasiat wajibah) in the Islamic inheritance system in Indonesia, particularly concerning non-Muslim heirs. The primary focus is to understand how Indonesian jurisprudence and regulations respond to and accommodate the inheritance rights of heirs of different religions. The methodology used in this research is a normative juridical approach, encompassing legislative analysis, case law, and examination of legal documents such as the Compilation of Islamic Law (KHI) and Supreme Court decisions. The findings reveal that although traditional Islamic legal sources like the Quran, Sunnah, Ijma, and Qiyas have not yet accommodated compulsory bequests for non-Muslim heirs, the development of Indonesian jurisprudence has begun to recognize these rights. Supreme Court rulings, such as Decision Number 368 K/Ag/1995 and Number 51 K/Ag/1999, have paved the way for the acknowledgment of compulsory bequests to non-Muslim heirs. These decisions indicate the judges' efforts to balance justice and equality in a pluralistic society. The regulation of compulsory bequests in Indonesia has experienced significant development by including non-Muslim heirs in the inheritance scheme through compulsory bequests. This reflects the adaptation of Islamic law to the evolving social context and demonstrates the commitment of Indonesian judicial institutions to interpreting the law in a more inclusive and equitable manner. This jurisprudence is crucial for providing justice to all parties, regardless of religious differences, and showcases the flexibility of Islamic law in addressing contemporary societal needs.

Peran Jaksa Pengacara Negara Sebagai Perwakilan RSUD Karawang dalam Kasus Wanprestasi Amri, Qoonitah; Dewi, Sartika; Abas, Muhamad
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5914

The Republic of Indonesia is a state based on law, as affirmed in Article 1, Paragraph (3) of the 1945 Constitution. One of the critical government institutions within this legal framework is the Attorney General's Office, which functions in the judicial authority concerning prosecution and holds various powers as mandated by law. The State Attorney's Office operates under this institution, specifically handling civil matters on behalf of the state. This study aims to identify the role of the State Attorney in handling Case Number 44/Pdt.G.S/2022/PN Kwg and to examine the legal considerations used by the judge in deciding this case. The research employs a normative juridical approach, which, according to Soerjono Soekanto, involves examining library materials or secondary data as the basis for analysis. The findings reveal that the State Attorney can act as a legal representative for the state, as stipulated in Article 30, Paragraph (2) of Law Number 16 of 2004. However, State Attorneys face challenges, one of which is the non-executable nature of some verdicts, often due to the absence of executable assets, execution objects being held by third parties, or the declaratory nature of the verdicts. In Case Number 44/Pdt.G.S/2022/PN Kwg, the judge partially granted the plaintiff's claim. The judge's considerations, based on Articles 1320, 1238, and 1234 of the Indonesian Civil Code, established that the legal agreement between the parties became void due to the negligence of one party. Consequently, the judge concluded that the defendant was in breach of contract (wanprestasi).

Juridical Analysis of Criminal Sanctions Against Perpetrators of Abortion Crimes Reviewed from the Criminal Code and Health Law (Study of Decision Number 333/Pid.Sus/2021/PN Bks) Minetha, Adelli Ritza; Guntara, Deny; Abas, Muhamad
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1580

Most people consider illegal abortion to be very heinous, uncivilized, depriving potential human beings of their right to life, but on the other hand, an inner struggle occurs between a pregnant person to continue her pregnancy or not. The topic raised in this study is related to a pregnant woman, who may not want her pregnancy to then have an illegal abortion, to understand the criminal punishment given to the perpetrators of the crime of illegal abortion in accordance with the Decision of the Bekasi State Court Number 333/Pid.Sus/2021 PN Bks, as well as to understand the legal regulatory steps taken and decided on the perpetrators of the crime of abortion in Bekasi. The research that the author raises can be obtained with a normative research system by reading the leteration, studying and understanding the more complex Indonesian legal systematics at the core of the problem. To support this research material, the author also analyzes and harmonizes based on theories from study experts that are relevant to the problem with a qualitative approach method. The results of the author's research show that the decision taken by the Bekasi District Court Decision Case Number 333/Pid.Sus/2021/PN Bks, namely the determination of the judge to consider sanctions for the perpetrators of the crime of abortion. Also as a sanction of legal consequences due to illegal abortion, the defendant is legally and convincingly declared guilty and must be held responsible for acts that violate criminal law.

Comparison of Indonesian Private Lecturer Wage Systems With The Netherlands From Jhon Rawls' Legal Perspective Abas, Muhammad
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2261

Introduction: Higher education plays an important role in the development of a country, with lecturers as one of its main pillars. The quality of higher education is highly dependent on the performance and dedication of lecturers, which in turn is influenced by the wage system applied.Purposes of the Research: To evaluate the suitability of private lecturer wage systems in Indonesia and the Netherlands with John Rawls' concept of justice. To analyze various components of the wage system, including the structure of basic salary and allowances, a salary increase system based on achievement and length of service, and career development opportunities available to lecturers.Methods of the Research: Qualitative method with a descriptive-comparative approach to provide an in-depth picture and compare them within the framework of John Rawls' theory of justice. The research data sources include primary data obtained through in-depth interviews with relevant officials at the Ministry of Education, representatives of private university associations, and private lecturers in both countries, as well as secondary data from policy documents, laws and regulations, statistical reports, and academic literature.Results Main Findings of the Research: The Netherlands system is also supported by more comprehensive social security and effective negotiation, so that the wage gap between institutions is smaller. Indonesia still needs to make significant improvements in the implementation of regulations, wage standardization, and increasing social protection to achieve a level of fairness and welfare equivalent to the Dutch system. These differences reflect not only variations in university policies, but also the broader economic and social context in both countries.

The Strength of Private Agreements on the Division of Joint Assets Before Divorce and Their Consequences in Joint Asset Claims Intan Alpidoh; Lia Amaliya; Muhamad Abas
Ipso Jure Vol. 1 No. 10 (2024): Ipso Jure - November
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wgvzwx41

The purpose of a marriage bond is to form a household that is sakinah mawadah warrahmah that lasts until the end of life. However, often this goal cannot be realized due to various kinds of conflicts in a marriage bond that eventually results in divorce. The end of the marital relationship due to divorce does not necessarily solve problems between divorced husband and wife, sometimes new conflicts arise after the occurrence of divorce, including regarding common property that is contested through a Joint Property Lawsuit. One way to anticipate the emergence of such conflicts is to make a Prenuptial Agreement that is carried out before marriage. The problem is what if the agreement is made before the divorce and how the strength of the joint property division agreement made before the divorce is reviewed from the Civil Code against the joint property lawsuit. Qualitative Research Method Using the Normative Juridical Approach Method. The result of his research is the evidentiary power of the agreement on the division of common property carried out under the hands before the divorce reviewed from article 1338 of the Civil Code and article 1320 of the Civil Code which guarantees the legal force of the agreement made before the divorce in the joint property lawsuit and also whether the agreement under the hands can be said to have perfect evidentiary power as per the principle of pacta sunt servanda.

Legal Protection Of Early Marriage To Minors In The Perspective Of Law Number 16 Of 2019 Concerning Amendments To Law Number 1 Of 1974 Concerning Marriage Michael Putra Panjaitan; Deny Guntara; Muhamad Abas
Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gzfk9869

Early marriage in Indonesia has entered an alarming stage with the number of early marriages continuing to climb as poverty in Indonesia increases. For the poor, early marriage is a pragmatic effort to reduce the economic burden born from the obligation to take care of their children. However, this actually worsens the condition because children who marry early find it difficult to get out of structural poverty. With a normative juridical method, this research is intended to understand the legal dynamics in the context of preventing early marriage in society. From this study, it was found that there was a legal gap in the revision of the Marriage Law and the absence of legal products that function to prevent early marriage so that the number of early marriages continues to increase and responsible actors can avoid their responsibilities by taking advantage of existing legal loopholes

Co-Authors Abd. Rasyid Syamsuri Abdul Kholik Abdul Majid, Luky Ade Ahmad Fauzan Adimu, Siva Rizkia Adinda Silvia Febrianty Adyan Lubis Adyan Lubis Adyan Lubis Agusra Agustian, Muhammad Ryo Ahmad Sopian Sauri Ahmad Sopian Sauri ahmad yunianto Aidina, Fitria Akbar, Muhammad Gary Gagarin Akup, Apriliyanto Juwan Sukmana Al Naupal, Raden Hisyam Ali Abdulah Alvian Ramdhani Amarulazhar, Amar Amri, Qoonitah Ana Ximenes Sousa Andini Putri Andri Susanto Anwar Hidayat Anwar Hidayat Anwar Hidayat Anwar Hidayat Arafat, Zarisnov Ardiansyah, Ata Ariani, Taufiqoh Bina Arif Wicaksono Arihi, La Ode Safiun Arma Sentia Putri, Renalda Asnanda, Anggraeni Astri Safitri Nurdin Aulia, Salvia Nur Budi Santoso, Imam Cindya Putri Paembonan Dahrul Manalu Darsono, Ahmad Bagas Dwi Delvira Ayu Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara deny guntara Deny Guntara Destia Ayuning Thias Deswita, Wa Ode Awalia Desyifa Nurhidayah Dewi Putri Wibowo, Sabrina Dewi, Merliana Dewi, Yogita Dhiafajaazka, Siti Dian Widyaningrum, Dian Didiek Kurnia Dwi Permata, Sagita Embang Herlambang Erathon , Pascal Azka Erathon Ethan Lim kong Farhan Asyahadi Farhan Asyahadi Farhan Asyhadi Farhan, Zatmika Nur Fatonah Fatonah Fauzan, Rafli Akmal Fauzi, Muhammad Iqbal Fazri Editiya Mahardika Fiqrie, Okky Faitzal Firman Aji Pamungkas Gagarin Akbar, M. Gary Gagarin Akbar, Muhamad Gary Gagarin Akbar, Muhammad - Gagarin Akbar, Muhammad Gary Gary Gagarin Akbar Gary Gagarin Akbar, Muhamad Gunawan, Edwin Guntara, Denny - Guntara, Deny Guntara, Deny - Haetami, Vikri Hariri, Mochammad Sofyan Hendiko Siregar, Piki Hendri Gunawan Hidayat, Anwar Himim, Aldora Ananda Putra I Ketut Suardika Indah Nurhayati Indra Sibagariang Insan Supriyatin Intan Alpidoh Irawan, Surya Irma Garwan Irma Yuningsih Ismail Ismail, Naufal Ismayanti, Eli Iswandi, Erik Izdihar, Naufal Jannus Manurung Jihan Alfadia Kasnianti Khoirul Ummam Leonardo Norandi Sitorus Leonardo Sitorus Lestari, Nopita Lia - Listiana LIA AMALIA Lia Amaliya Lia Amaliya Lia Amaliya Lia Amaliya Lidya Nuraeni Lidya Nuraeni Lilis Setiani Listiono listiono Listiyono Lubis, Adyan Lubis, Desi Lestari Luwih Damar Luluk Sugiyarto M. Gary Gagarin Akbar Maharani, Raden Bella Bintang Mahmudi, Afrizal Manurung, Jetro - Mardias, Deni Maryam, Zulfa Nurul Mega Agrianty, Firly Michael Putra Panjaitan Minetha, Adelli Ritza Mochammad Adi Alamsyach Fadillah Moh. Shofi Anan Monica Dian Ekasari Muhamad Jiia Fauzi Muhammad Fakhrurrozi Muhammad Gary Gagarin Akbar Nanik Narya Suryadi Narya Suryadi Narya Suryadi Narya Narya, Narya Suryadi Naufal, Raden Hisyam Al Nawawi, Ahmad - Nopianti, Wike Nova Desi Ratnasari Nuraeni, Rini Nurahmad, Silvi Nurbaliza, Violita Nurdin Nurdin Nurfadilah, Intan Elga Padilah, Muhamad Patul Mudin, Arip Pebriyani, Pebriyani Pratama, Raka Indra Pratiwi, Dwi Nuraeni Purwana, Dalih Putra, Affian Fandi Putri, Dinni Rizky Amalia R Hisyam Al Naupal Raden Lita Nur Elita Rahmatiar , Yuniar Rahmatiar, Yuniar Ramdhani, Alvian Ranisya Hadi, Vira Rende, Alimulya Rifky Alfarez, Dewa Robby Setiawan Rosdiana Dewi, Elvira Rr. Winarti Pudji Lestari Rr. Winarti Pudji Lestari S.A, Rd.N.Sayyidatussa'adah Sadjat, Rizki Safitri Mudriyani, Ajeng Sakum, Sakum Sanih, Sanih Sanjaya, Suyono Santoso, Imam Budi Sarnely Uge Sartika Dewi Sartika Dewi Sartika Dewi Septian, Fazrian Siahaan, Holmen Sidabutar, Octaviana Sihabillah, Ahlan Siska Mariza Sopian, Singgih Sopyan Sopyan Sopyan Sopyan Suhirnan Supriatna, Yayat Susanti, Depi Susi Susilawati Suyono Sanjaya Syarif, Soultan Tanti Alfareza Herdianti Targana, Tatang Tatang Targana Tatang Targana Taufik Caniago Tianing, Ebeng Tri Setiady, Tri Uge, Sarnely Ulandari, Mega Ummam, Khoirul Vironika, Tiyas Wa Ode Riyan Ridayanti Wahyu Danang Setiadi Wahyu Hidayat Wahyu Koswara Wahyu Mulyandaru Wakono, Nur Wawan Indra R. Widasari, Widasari Wike Nopianti Wike Nopianti Wulan Cahya Ningrum Yuniar - Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yustya Laraswati Yusuf Rizki Zaenury, Ahmad Goza Zarisnov Arafat Zarisnov Arafat Zatmika Nur Farhan

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