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Journal : Journal of Social Research

VERSTEK DECISION IN DIVORCE CASE IN RELIGIOUS COURTS OF RANTAUPRAPAT Risdalina Risdalina; Kusno Kusno; Bernat Panjaitan; Maya Jannah
Journal of Social Research Vol. 1 No. 12 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v1i12.391

Abstract

Background: In a Civil Judgment, one of which is called a Verstek Judgment, there is a divorce case trial process, the Panel of Judges has the authority to decide cases in accordance with applicable laws and regulations. Verstek is a judgment rendered by a judge in the absence of the Defendant at trial even though the Defendant has been duly summoned by the bailiff of the court. Therefore the judge can decide the case with a verstex verdict. The author took the research site at the Rantauprapat Religious Court. Objective: The purpose of this study was to analyze verstek decisions in divorce cases in rantauprapat religious courts. Methods: The method used in this writing is the Empirical normative method, which is research based on the provisions of applicable laws and regulations by looking at the implementation conditions in the field. Results: The Rantauprapat Religious Court is domiciled in Labuhanbatu Induk Regency which is in charge of North Labuhanbatu Regency and South Labuhanbatu Regency, which has the duty and authority to receive, examine, adjudicate, decide and settle cases of marriage, inheritance, wills, grants, waqf, and alms as well as resolve disputes in the field of sharia economy among Muslims to uphold law and justice, as stipulated in Law Number 3 Year 2006 concerning amendments to Law Number 7 of 1989 concerning Religious Courts. Conslusion: Verstek Decision Legal Remedies in Divorce Cases is by filing a challenge against the verstek decision within 14 (fourteen) days after the notification is received by the defendant.
The Implementation of Law Enforcement Against Criminal Acts of Mobbing Against Persons is Reviewed by Article 170 Paragraph (2) of the Criminal Code Prihartono Prihartono; Muhammad Yusuf Siregar; Wahyu Simon Tampubolon; Risdalina Risdalina
Journal of Social Research Vol. 2 No. 1 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i1.492

Abstract

Background: Indonesia is a country of law, the statement contained in the Explanation of the 1945 Constitution states that "The State of Indonesia is based on the law (rechtstaat) not based on mere power (machtstaat)". Objective: This study aims to find out and analyze the implementation of article 170 paragraph (2) 1 of the Criminal Code concerning criminal acts with joint energy committing violence against people. As well as knowing and analyzing the liability of criminal acts of mobbing in criminal law Methods: This research belongs to the normative type of research. So that it can be known that the liability of the criminal act of mobbing according to criminal law depends on the category of mobbing itself (Article 170 of the Criminal Code). Result: If the act is committed overtly and with concerted force using force against persons or goods is punished with imprisonment for not more than five years and six months, and if it results in injuries is subject to a maximum sentence of seven years. Burglary if violence results in serious injury are punishable by a maximum of nine years imprisonment. If violence results in death are subject to a maximum of twelve years. Conclusion: Based on the above explanation, it can be concluded that the liability of the criminal act of mobbing according to criminal law depends on the category of mobbing itself (Article 170 of the Criminal Code).
Analysis of Examination of Evidence Through the Scientific Crime Investigation Method in the Disclosure of Homicide Crimes Hefa Ruspita; Muhammad Yusuf Siregar; Wahyu Simon Tampubolon; Risdalina Risdalina
Journal of Social Research Vol. 2 No. 1 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i1.493

Abstract

Background: Law enforcement is one of the efforts to create order, security, and peace in the community, especially enforcement after violations of the law. Objective: This study aims to find out and analyze the strengthening of evidence through scientific crime investigation in homicide crimes. As well as knowing and analyzing the advantages and disadvantages of using the scientific crime investigation method in crime scene processing carried out by the forensic laboratory. Methods: This research belongs to the normative type of research. So that it can be known that the scientific crime investigation method is used in proving the crime of forensic murder. Result: Article 184 paragraph (1) of the Criminal Procedure Code has restrictively regulated valid evidence according to the law. Apart from the aforesaid evidence, it is not justifiable to be used to prove the wrongs committed by the accused. Judges, public prosecutors, defendants, and legal counsel, are limited and bound to use evidence by the rules of criminal procedure only. Evidence using evidence other than the evidence provided in Article 184 paragraph (1) has no binding evidentiary force value. Conclusion: Based on the explanation above, it can be concluded that the scientific crime investigation method is used in proving the crime of forensic murder
Juridical Analysis of the Judge's Consideration in Terms of Mitigating the Defendant Against Premeditated Murder According to Law Number 48 of 2009 Concerning Judicial Power Parlindungan Siregar; Risdalina Risdalina; Indra Kumala Sari M
Journal of Social Research Vol. 2 No. 1 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i1.519

Abstract

Background: The law governing the National Criminal Procedure Law must be based on the views/philosophies of national life and the basis of the state, therefore the provisions of articles or paragraphs contained in the National Criminal Procedure Law describe the protection of human rights and the obligations of citizens. Objectives: This study aims to find out and analyze things that can be considered aggravating circumstances and mitigating circumstances in criminal convictions. As well as knowing and analyzing the effect of consideration of burdensome circumstances and mitigating circumstances in criminal convictions Methods: This research belongs to the normative type of research. So that it can be known that the matters that can be considered as aggravating circumstances and mitigating circumstances in the judgment of conviction must be by the characteristics. Result: The most important consideration of aggravating and mitigating circumstances affects the proportionality of criminal convictions, both the proportionality between the criminal act imposed and the degree of guilt committed by the defendant, the proportionality related to the disparity of the verdict, and the proportionality between the conviction and the profits obtained from the criminal act. Conclusion: The form is in the form of the nature, subject, atmosphere, or situation that prevails, relating to the criminal act. The formulation is found outside of the criminal act itself outside the elements of the criminal act and describes the seriousness of the crime or the degree of danger of the perpetrator, which affects the size of the severity of the crime to be imposed.
Arrangements for the Termination of Investigations in the Prosecution of Criminal Cases of Domestic Violence According to Law Number 8 of 1981 Concerning the Criminal Procedure Law (Case Study of the East Dumai Police) Dona Antonio; Risdalina Risdalina; Indra Kumala Sari M
Journal of Social Research Vol. 2 No. 2 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i2.625

Abstract

Law No. 23 of 2004 concerning Domestic Violence in article 1 paragraph 1 states that the integrity and harmony of a happy, safe, peaceful and peaceful household is the dream of everyone in the household. This study aims to find out and analyze the arrangements for stopping investigations in the prosecution of criminal cases. As well as knowing and analyzing about knowing the process of stopping investigations in domestic violence criminal cases. This research belongs to the normative type of research. So it can be known that investigators as members of the Police, in principle, have discretionary authority. Termination of investigation is a discretionary policy of law enforcement with the requirement that if the perpetrator reneges on the peace agreement by repeating the violent crime, it will be directly processed formally (court). Based on the explanation above, it can be concluded that investigators as members of the Police, in principle, have discretionary authority.
Implementation of Article 1666 of the Civil Code on House Disputes Granted by a Person to a Non-Heir Lia Fazira; Kusno Kusno; Risdalina Risdalina
Journal of Social Research Vol. 2 No. 3 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i3.745

Abstract

The definition of a grant is contained in Article 1666 of the Penal Code, which is an agreement by which a grantor gives up an item free of charge, without being able to withdraw it, for the benefit of a person who accepts the delivery of the goods. This study aims to find out and analyze about giving grants to someone who is not an heir. As well as knowing and analyzing about dispute resolution about granting grants to someone who is not an heir. This research belongs to the normative type of research. So it can be seen that the granting of a grant to a person who is not an heir is permissible, with the requirement that there is the consent of the heirs and cannot be more than 1/3 of the existing estate. In addition, the settlement of disputes regarding the granting of grants to a person who is not the heir is the heir may sue again for the grant if in the grant the grant exceeds 1/3 of the estate, other than because it does not first fulfill the legitime portie to the heirs.
The Legal Force of the Cooperation Agreement Letter in a Cooperation Agreement is Reviewed According to Article 1320 of the Civil Code Irma Shintia Kumaralo; Risdalina Risdalina; Indra Kumala Sari M
Journal of Social Research Vol. 2 No. 3 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i3.750

Abstract

In every activity that is an agreement, of course, there is an agreement that has been made. Whether it is in business, or in certain special matters. This study aims to find out and analyze the regulation of cooperation agreement letters in the civil code (hyperdata). As well as knowing and analyzing the Principles and Determining Factors in Making a Draft Contract (Cooperation Agreement). This research belongs to the normative type of research. So it can be known that agreements are specifically regulated in the Civil Code, Book III, Chapter II on "Agreements Born of Contracts or Agreements" and Chapter V to Chapter XVIII which regulates the principles of legal principles and legal norms of treaties in general, as well as legal norms of treaties that have special characteristics better known as named agreements. In addition, basically, the contract that the parties conclude applies as a law to those who make it. The factors that must be considered by the parties are the legal authority of the parties, taxation, over legal rights, agricultural issues, choice of law, dispute resolution, termination of contracts, and the form of standard agreements agreed upon.
Criminal Law Review of Meth Sales Transactions Which are Evidenced by Police Officers According to Law Number 35 of 2009 Concerning Narcotics in the Jurisdiction of the Bukit Tinggi Police Sopian Sopian; Kusno Kusno; Ahmad Ansyari Siregar; Risdalina Risdalina; Bernat Panjaitan
Journal of Social Research Vol. 2 No. 4 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i4.794

Abstract

Article 44 of Law Number 8 of 1981 concerning the Criminal Procedure Law regulates the governance of evidence. This study aims to find out and analyze criminal law arrangements for police members who abuse narcotics and psychotropics. As well as knowing and analyzing the policies of the chief of police of the Republic of Indonesia regarding law enforcement against members of the Indonesian national police who are involved in criminal acts of drug abuse. This research belongs to the normative type of research. So that it can be known that the legal process against the police who commit criminal acts is in accordance with Article 29 paragraph (1) of Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia. Police officers must carry out a police code of conduct hearing, and if proven guilty by being sentenced to more than 5 (five) years. Then the police officer can be immediately dismissed with disrespect from his agency or removed from office if the sentence imposed is less than 5 (five) years. In addition, the increasing number of Narcotics cases among Police officials is a result of the weak implementation of the law among the police.
Co-Authors Abd. Hakim Abdul Hakim Abdul Hakim Abdul Hakim Abdul Hakim Ahmad Ansyari Siregar Ahmad Ansyari Siregar Ahmad Badawi harahap Ahmad Hariandi Ahmad MAULANA Ali Djamhuri Amarullah Siregar Amri, Helmika Suradi Armando, Fadli Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Butar-Butar, Kornelius Danu, Herman Daud Yusuf Simanjuntak Dewi Patima Hutagalung Dona Antonio Eko Kuntarto Elviana Sagala Elviana Sagala Fajri, Agus Fatria Dewi Febri Kurniawan Febriyanti Irzansyah Fiqri Maulana, Aldo Firmansyah Firmansyah Fisheri Nasution, Fajar Gunawan Nasution, Sakti Gusria Amara Haziratul, Haziratul Qudsya Hefa Ruspita Hengki Syahyunan Indra Kumala Sari M Indra Kumala Sari M Indra Kumala Sari Munthe Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M. Irma Shintia Kumaralo Junus, Nasran Khairani Amalia Tambunan Khoirul Ritonga, Muhammad Kumalasari M, Indra Kumalasari Munthe, Indra Kumalasari, Indra Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Kusno Lia Fazira Lisa Ayu Ningsih M, Indra Kumalasari Maulana Putra Maya Jannah Maya Jannah Maya Jannah Muhammad Fadlan Muhammad Faisal Muhammad Fauzan Hasibuan Muhammad Muiz Hariansyah Hasibuan Muhammad Rizkiyawan Rafiyanto Muhammad Yusuf Siregar Muhammad Yusuf Siregar Muhammad Yusuf Siregar Mukhsin Juniardo Siregar Munthe, Indra Kumalasari Nimrot Siahaan Nimrot Siahaan Nisak, Khairun Panjaitan, Bernat Parlindungan Siregar Poriaman Poriaman Poriaman, Poriaman Pratama Sitepu, Edi Prihartono Prihartono Purba, Didin Alberto Rahmad Ramadhan Ramadhan Pery, Rizki Rambe, Sapani Martua Retni Ayu Syafitri Riki Afri Rizki Rio Pradana, Wahyu Ritonga, Muhammad Khoirul Sahala Pardamean Harahap Santi Rambe SAPUTRA, RYAN Sidabutar, Alcapon Sigit Ardiansyah Sinaga, Dini Febrianti Br Siregar, Kaharuddin Siregar, Putri Habibah Sopian Sopian Sri Mutiah Ulfa Sriono, Sriono Tambunan, Haris Nixon Tampubolon, Lorent Tondi Rivaldi Munthe Wahyu Simon Tampubolon Wahyu Simon Tampubolon Yantoro, Yantoro Yusnaidar Yusnaidar Zainal Abidin Pakpahan Zuwena Apdolipah