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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.
Legal Respect for Children from Sirri's Marriage in the Perspective of Islamic Marriage Law and Regulations Indonesian Law in the District Labuhanbatu Khairani Amalia Tambunan; Sriono Sriono; Risdalina Siregar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1892

Abstract

Sirri marriage is a marriage that is legal according to the viewpoint of the Islamic religion, while a legal marriage according to the provisions of Articles 1 and 2 of the Marriage Law is that apart from being carried out on the basis of religion it must also be registered. This study aims to determine the legal consequences for children resulting from unregistered marriages based on Islamic law and statutory regulations. This study uses an empirical juridical method, which is conducting field research, in order to support data related to this research by conducting research at the Religious Courts.. The results showed that Labuhanbatu Regency is an area where many people still carry out unregistered marriages or sirri marriages. This can be seen from the data from the Rantauprapat Religious Court from 2018 until now, there have been 53 recorded cases regarding under-handed marriages that have been ordained. So that the legal consequence of the child resulting from a Sirri marriage has the status of an out-of-wedlock child and he cannot accept the rights of the child as a child from a legal marriage based on the marriage law. In the life of the nation and state, all citizens are obliged to obey and be bound by the prevailing laws and regulations in Indonesia.
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

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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.
Balance of monodualistic principles in different efforts at the level of investigation on child abuse of narcotics crime Bernat Panjaitan; Risdalina Risdalina; Kusno Kusno
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 9, No 4 (2023): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020232280

Abstract

Based on the setting for determining criminal policies that are in accordance with the values of people's lives, the setting for determining criminal policies is contained in the Criminal Code as general provisions and in the special criminal provisions of Law No. 35 of 2009 as a special crime that regulates narcotics. Based on this, the problem that will be discussed is how the monodualistic principle in eradicating criminal acts of narcotics abuse committed by children is contrary to the law related to Law No. 35 of 2009 and Law No. 11 of 2012. This research is normative juridical research, namely research conducted by examining library materials or secondary data. In terms of implementing the diversion, there are several things that make it impossible. There are several factors that cause the diversion of children who abuse narcotics to not be achieved,namely internal and external factors. @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:-536870145 1107305727 0 0 415 0;}
IMPLEMENTATION OF THE JUDGE'S DETERMINATION REGARDING MARRIAGE DISPENSATION BASED ON MARRIAGE LAW IN INDONESIA Siregar, SH, MH, Risdalina; Kumalasari M, Indra; Siregar, Putri Habibah
Jurnal Ilmiah Advokasi Vol 12, No 3 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i3.6227

Abstract

This type of research is Empirical Juridical research. namely a research method that implements normative legal provisions (laws) and is described in facts in the field. The results of the research show that the Rantauprapat Religious Court Judge's consideration in granting or rejecting a request for marriage dispensation is based on the evidence submitted by the applicant. However, if the evidence submitted is complete and the reasons are urgent, the judge will grant the request for a marriage dispensation and then the applicant takes the marriage dispensation decision to the local Religious Affairs Office (KUA) to carry out the marriage. The results of this research show that the factors and basis for the judge's considerations behind the request for marriage dispensation are that it is urgent because the woman was already pregnant before legally marrying, as stated in article 7 paragraph 2 of Law No. 16 of 2019, and the administrative requirements marriage or other documents explaining the identity and educational status of the child and the identity of the parents/guardians (Article 5 paragraph (2) Perma No. 5 of 2019);Keywords: Determination; Judge; Dispensation, Marriage
Peran Kepolisian Daerah Sumatera Utara dalam Memberantas Pornografi di Era Digital: Perspektif Psikologi Kriminal Rambe, Sapani Martua; Risdalina, Risdalina; Kumalasari, Indra
SIGn Jurnal Hukum Vol 6 No 2: Oktober 2024 - Maret 2025
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v6i2.382

Abstract

This research aims to examine the role of the North Sumatra Regional Police in combating cyber-pornography offenses in the digital era from a criminal psychology perspective. Field research and normative juridical methods were employed to collect primary and secondary data. Primary data were obtained through in-depth interviews, while secondary data were gathered through a literature review. The data were analyzed using a descriptive qualitative approach. The results indicate that cyber-pornography offenses in North Sumatra are a complex phenomenon with diverse modus operandi. The North Sumatra Regional Police has implemented comprehensive strategies, including strengthening investigator capacity, utilizing digital forensic technology, educating the public, and collaborating with internet service providers. However, challenges remain, such as substantiating digital evidence, navigating cross-border jurisdiction, and keeping pace with rapid technological advancements. In conclusion, synergy among stakeholders and public participation are crucial. Continuous evaluation and refinement of strategies are necessary to address the ever-evolving dynamics of cybercrime, considering the factors that influence criminal behavior in the digital realm.
Co-Authors Abd. Hakim Abdul Hakim Abdul Hakim Abdul Hakim Abdul Hakim Ahmad Ansyari Siregar Ahmad Ansyari Siregar Ahmad Badawi harahap Ahmad Hariandi Ali Djamhuri Amarullah Siregar Amri, Helmika Suradi Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Bernat Panjaitan Danu, Herman Daud Yusuf Simanjuntak Dewi Patima Hutagalung Dona Antonio Eko Kuntarto Elviana Sagala Elviana Sagala Fajri, Agus Fatria Dewi Febri Kurniawan Febriyanti Irzansyah Firmansyah Firmansyah Fisheri Nasution, Fajar Gusria Amara Haziratul, Haziratul Qudsya Hefa Ruspita Indra Kumala Sari M Indra Kumala Sari M Indra Kumala Sari Munthe Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M Indra Kumalasari M. Irma Shintia Kumaralo Junus, Nasran Khairani Amalia Tambunan 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 Rahmad Ramadhan Rambe, Sapani Martua Retni Ayu Syafitri Riki Afri Rizki Sahala Pardamean Harahap Sakti Gunawan Nasution Santi Rambe SAPUTRA, RYAN Sidabutar, Alcapon Sigit Ardiansyah Siregar, Putri Habibah Sopian Sopian Sri Mutiah Ulfa Sriono Sriono Sriono Sriono, Sriono Syahyunan, Hengki Tambunan, Haris Nixon Tampubolon, Lorent Tondi Rivaldi Munthe Wahyu Simon Tampubolon Wahyu Simon Tampubolon Yantoro, Yantoro Yusnaidar Yusnaidar Zainal Abidin Pakpahan Zuwena Apdolipah