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All Journal JURNAL LITIGASI (e-Journal) Pendas : Jurnah Ilmiah Pendidikan Dasar JURNAL ILMIAH ADVOKASI SIGn Jurnal Hukum CIVITAS (JURNAL PEMBELAJARAN DAN ILMU CIVIC) Community Development Journal: Jurnal Pengabdian Masyarakat Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Educational Research and Social Sciences (IJERSC) Jurnal Pendidikan dan Pembelajaran Indonesia (JPPI) Journal of Social Research International Journal of Humanities Education and Social Sciences IKA BINA EN PABOLO : PENGABDIAN KEPADA MASYARAKAT Journal of Law, Poliitic and Humanities International Journal of Science and Environment Enrichment: Journal of Multidisciplinary Research and Development Jurnal Penelitian Pendidikan Indonesia
Siregar, Risdalina
Fakultas Hukum, Universitas Labuhanbatu
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Evidentiary Legal Aspects of Oral Defamation Committed in Public: A Study of Amlapura District Court Decision Number Nomor 64/Pid.B/2020/PN Amp Armando, Fadli; Risdalina, Risdalina; Kusno, Kusno
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.646

Abstract

The striking disparity between the Defendant’s resistance and the judge’s mitigating considerations in an oral defamation case constitutes a juridical anomaly. This condition fundamentally undermines legal certainty and the victim’s sense of justice. This research conducts a juridical review of Decision Number 64/Pid.B/2020/PN Amp. In said decision, the judge imposed a conditional sentence (probation) on a Defendant who, based on the evidence, was found to have refused to apologize to the victim. This research aims to analyze the evidentiary legal aspects in the fulfillment of the objective and subjective elements of the offense, as well as to test the validity of applying the conditional criminal sanction based on trial facts. The research method applied is normative legal research with a case approach and a statute approach to dissect the coherence between facts and norms. The results reveal a dualism in the quality of law enforcement. At the stage of proving guilt, the Panel of Judges successfully proved all elements of Article 310 section (1) of the Penal Code precisely based on valid evidence under Article 184 of the Criminal Procedure Code. However, at the sentencing stage, the application of Article 14a of the Penal Code involves a serious internal logical defect (an internal contradiction). The material requirement of “behavioral prognosis” was based on assumptions of imaginary remorse and is opposed to the trial facts demonstrating a high degree of defiance. In conclusion, this decision contains an inconsistency in proving the subjective requirement, implying a high risk of supervision execution failure as stipulated in Article 276 of the Criminal Procedure Code. The research recommends the necessity for objectivity in remorse indicators within sentencing guidelines to prevent veiled impunity and maintain judicial authority.
The Position of the Visum Et Repertum in the Investigation Process of the Crime of Assault by the Rokan Hilir Criminal Investigation Unit Fiqri Maulana, Aldo; Risdalina, Risdalina; Kusno, Kusno
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.365

Abstract

In law enforcement against criminal acts of assault, evidence plays a central role. One piece of evidence that is often key is the Visum et Repertum (VeR) or medical examination report. This article discusses the strategic position of VeR in the investigation process carried out by the Criminal Investigation Unit (Reskrim) of the Rokan Hilir Police, starting from its legal function as evidence to its role as a guide to uncovering the motives and perpetrators of crimes of assault. Legally, VeR has dual power as valid evidence according to Article 184 paragraph (1) of the Criminal Procedure Code (KUHAP), namely as an expert statement from a doctor and as a letter made by a public official. This duality gives it significant legal weight. For investigators from the Rokan Hilir Criminal Investigation Unit, VeR is not just a list of injuries; it is an objective and scientific primary piece of evidence. Its functions include: (1) serving as a basis for qualifying the applicable articles, distinguishing between ordinary, serious, or fatal assault; (2) serving as a verification tool to test the consistency of the statements of witnesses, victims, and suspects; (3) provide clues (indications) regarding the modus operandi, tools used, and chronology of events, which are vital in the reconstruction of events.
Legal Analysis of Brimob's Repressive Actions in Handling Demonstrations Between Law and Human Rights from the Perspective of Law Number 39 of 1999 Concerning Human Rights Siregar, Kaharuddin; Risdalina, Risdalina; Khoirul Ritonga, Muhammad
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.381

Abstract

This article discusses a legal analysis of repressive actions by the Mobile Brigade Corps (Brimob) in handling demonstrations in Indonesia. The main focus is directed at the compliance of the authorities' actions with the principles of law enforcement and human rights protection as stipulated in Law Number 39 of 1999 concerning Human Rights. The use of force in demonstrations often raises controversy regarding the limits of authority, the legality of the actions, and the impact on citizens' basic rights such as the right to assemble, express opinions, and obtain protection from arbitrary action. This research uses a normative approach by reviewing laws and regulations, legal literature, and international human rights standards. The analysis results show that Brimob's repressive actions must always be based on legality, necessity, proportionality, and accountability to ensure human rights protection. However, in practice, violations that contradict human rights principles, especially related to the use of excessive force, are still found. This article emphasizes the importance of strengthening regulations, human rights training for officers, and more effective oversight mechanisms.
Juridical Analysis of the Role of Expert Witnesses in Proving the Crime of Document Forgery Case Study of Decision Number 398/Pid.B/2020/PN BNA Manullang, Ardiansyah; Risdalina, Risdalina; Kusno, Kusno
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.298

Abstract

Proof is the heart of the criminal justice process, where expert witnesses play a crucial role in providing enlightenment to judges, especially in technical cases of document forgery. This research juridically analyzes the role of expert witnesses in proving the crime of document forgery by examining the Decision of the Banda Aceh District Court Number 398/Pid.B/2020/PN BNA. The research method used is normative juridical with a case study approach. The results show that the testimony of expert witnesses in the decision was determining evidence to uncover the mode of forgery, prove the element of the defendant's guilt, and ultimately form the judge's conviction. The existence of expert witnesses not only strengthens other evidence but also becomes an objective standard in assessing the authenticity of a document. It is concluded that the position of expert witnesses is instrumental and strategic in the evidence system for criminal cases of document forgery.
Implementing Restorative Justice as an Alternative to Addressing Overcrowding in Prisons Bagan Siapi Api Mulkanuddin, Mulkanuddin; Risdalina, Risdalina; Kusno, Kusno
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.418

Abstract

Overcrowding is a pressing issue facing correctional institutions in Indonesia, including Bagan Siapi-api Prison. This situation impacts the quality of guidance, security, health, and the rights of inmates. Restorative justice, an approach that emphasizes restitution and peaceful conflict resolution through agreements between perpetrators, victims, and the community, offers an alternative that can reduce the burden of conventional criminal punishment. This study aims to analyze the implementation of restorative justice as an effort to reduce overcrowding in Bagan Siapi-api Prison. The research method uses a normative and empirical juridical approach. The results show that restorative justice can play a significant role in reducing the number of inmates, especially for minor crimes, although its implementation is still hampered by regulations, resources, and the understanding of law enforcement officials. Key challenges include the need for a shift in the mindset of law enforcement officials, strengthening regulations, providing trained facilitators, and ensuring a voluntary approach for victims. By addressing these challenges through multi-stakeholder commitment, restorative justice can be a transformative solution that not only eases the burden on prisons but also creates more meaningful justice and strengthens social cohesion in Rokan Hilir Regency.
Juridical Analysis of Intermediary Criminal Acts in Ecstasy Transactions: A Study of Dumai District Court Decision Number 188/Pid.Sus/2025/PN Dum Purba, Josua Sotarduga; Risdalina, Risdalina; Kusno, Kusno
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.663

Abstract

Law enforcement in narcotics offenses frequently encounters a clash between the legal certainty of proving the elements of the offense and substantive justice in imposing criminal sanctions on subordinate intermediary offenders. Decision Number 188/Pid.Sus/2025/PN Dum imposed a six-year imprisonment and a fine of one billion rupiah on the Defendant. This research aims to examine the accuracy of the Panel of Judges’ legal qualification in applying the elements of an intermediary in narcotics transactions and to critically analyze the proportionality of criminal sanctions based on the offender’s degree of culpability. This normative legal research utilizes the statute approach and the case approach, employing an analytical-prescriptive analysis technique through a legal syllogism. The results indicate that the Panel of Judges absolutely and accurately applied the substantive law of Article 114 section (1) of Law Number 35 of 2009 by considering the defendant’s active initiative in facilitating the transaction. In the sentencing dimension, the decision was proportionate and objective. The Panel of Judges did not merely take refuge behind the minimum sanction limits, but comprehensively differentiated roles by rejecting the narrative of sociological excusability regarding the defendant’s factual position as a field operator. In conclusion, the conviction is normatively valid and successfully presents substantive justice grounded in the individual’s degree of culpability. As a policy implication, the Supreme Court is recommended to immediately formulate sentencing guidelines for narcotics offenses that are hierarchically binding to maintain the consistency of high-quality legal reasoning across all judicial levels.
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 Manullang, Ardiansyah 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 Mulkanuddin, Mulkanuddin 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 Purba, Josua Sotarduga 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