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All Journal Jurnal Media Hukum Unes Law Review Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Sastra Panjaitan, Budi
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Religion Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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FORUM PRIVILEGIATUM SEBAGAI WUJUD PERADILAN YANG ADIL BAGI MASYARAKAT Sastra Panjaitan, Budi
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0100.40-47

Abstract

This paper aims to find out whether the privilegatum forum is needed or not to bring about a fair justice for the community. The state provides fair recognition, guarantee, protection and legal certainty for everyone without distinction of ethnicity, religion or position, including the poor who are unable to have access to justice properly, but in reality justice is not easily obtained, including those who are economically is under. Justice is illustrated more easily by those with special standing as state officials. In order to realize the balance of law and balance the sense of justice in the community, it is time for the forum privilegatum made a permanent choice for state officials who commit criminal acts. Through the privilegatum forum, the dismissal and punishment of state officials committing crimes is committed through special court mechanisms. This special tribunal is the first and final courts whose decisions are final and binding.
FORUM PRIVILEGIATUM SEBAGAI WUJUD PERADILAN YANG ADIL BAGI MASYARAKAT Sastra Panjaitan, Budi
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0100.40-47

Abstract

This paper aims to find out whether the privilegatum forum is needed or not to bring about a fair justice for the community. The state provides fair recognition, guarantee, protection and legal certainty for everyone without distinction of ethnicity, religion or position, including the poor who are unable to have access to justice properly, but in reality justice is not easily obtained, including those who are economically is under. Justice is illustrated more easily by those with special standing as state officials. In order to realize the balance of law and balance the sense of justice in the community, it is time for the forum privilegatum made a permanent choice for state officials who commit criminal acts. Through the privilegatum forum, the dismissal and punishment of state officials committing crimes is committed through special court mechanisms. This special tribunal is the first and final courts whose decisions are final and binding.
Kritik Restorative Justice dalam Kasus Pelecehan Seksual di Pesantren: Analisis Undang-Undang No. 12 Tahun 2022 Sari Ritonga, Indah Maya; Sastra Panjaitan, Budi
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v9i1.9200

Abstract

This study discusses the implementation of Restorative Justice in a case of sexual harassment at a pesantren in Langkat, highlighting the discrepancy between the ideal concept of justice and the practice that should align with Law No. 12 of 2022 concerning Sexual Violence Crimes. The study aims to analyze the application of Restorative Justice in this specific case of sexual harassment at the pesantren and to evaluate its compliance with the applicable legal provisions, particularly Law No. 12 of 2022. The research methodology employs a normative juridical approach, involving the analysis of legal documents and a case study on the implementation of Restorative Justice at a pesantren in Langkat. The findings show that the implementation of Restorative Justice in this case is not consistent with the provisions of Law No. 12 of 2022, particularly in terms of victim protection. The peaceful agreement reached tends to overlook the rights of the victim and fails to provide an adequate deterrent effect on the perpetrator. This indicates that the application of Restorative Justice invites considerable criticism and needs to be re-evaluated, especially in the context of sexual violence cases classified as serious crimes.
Kritik Restorative Justice dalam Kasus Pelecehan Seksual di Pesantren: Analisis Undang-Undang No. 12 Tahun 2022 Sari Ritonga, Indah Maya; Sastra Panjaitan, Budi
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 9 No 1 (2024): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v9i1.9200

Abstract

This study discusses the implementation of Restorative Justice in a case of sexual harassment at a pesantren in Langkat, highlighting the discrepancy between the ideal concept of justice and the practice that should align with Law No. 12 of 2022 concerning Sexual Violence Crimes. The study aims to analyze the application of Restorative Justice in this specific case of sexual harassment at the pesantren and to evaluate its compliance with the applicable legal provisions, particularly Law No. 12 of 2022. The research methodology employs a normative juridical approach, involving the analysis of legal documents and a case study on the implementation of Restorative Justice at a pesantren in Langkat. The findings show that the implementation of Restorative Justice in this case is not consistent with the provisions of Law No. 12 of 2022, particularly in terms of victim protection. The peaceful agreement reached tends to overlook the rights of the victim and fails to provide an adequate deterrent effect on the perpetrator. This indicates that the application of Restorative Justice invites considerable criticism and needs to be re-evaluated, especially in the context of sexual violence cases classified as serious crimes.
Pertanggungjawaban Kepala Sekolah Terhadap Perbuatan Korupsi Dana Bos Tamara Putri, Sindy; Sastra Panjaitan, Budi
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1594

Abstract

The main factor in achieving maximum success in using BOS funds is how the school manages BOS funds. A good management system will help achieve the goals of the BOS funding program effectively and efficiently, which of course can improve the quality of education as expected. Corruption in the education sector is one of the most difficult forms of corruption to deal with. Corruption in the education sector is very dangerous, because it endangers the future of the country. The reason of this examination is to reveal the variables that driven Central SDN Kopa to commit the criminal act of debasement with regard to the School Administration Support, to find out what the legal sanctions are against a school principal who commits a criminal act of corruption against school operational aid funds, and how to analyze decision Number: 35 /Pid.Sus-TPK/2020/PN. Kpg. This sort of inquire about employments regulating lawful investigate with a case consider approach. The strategy utilized comprises of essential and auxiliary information utilizing subjective examination. The factors causing corruption in BOS funds carried out by unscrupulous school principals at the Kopa State Elementary School are the desire to make a profit, weak internal supervision, and the involvement of community supervision is still minimal.
Co-Authors Sari Ritonga, Indah Maya Tamara Putri, Sindy