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All Journal YUSTISI Yustisi: Jurnal Hukum dan Hukum Islam Al-Zayn: Jurnal Ilmu Sosial & Hukum Jurnal Pengabdian Masyarakat dan Riset Pendidikan
Mohammad Hifni
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Mathematics Other

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A Legal Review Of The Differences In Handling Drug Abusers And Drug Dealers : Case Study Number 456/PID.SUS/2025/PN SRG Juan Carlos Marbun; M. Nassir Agustiawan; Mohammad Hifni
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2334

Abstract

This study aims to analyze the judges' considerations in distinguishing between the two categories of offenders, evaluate the conformity of the verdicts with applicable legal principles and provisions, and identify obstacles in the implementation of rehabilitation for drug abusers and law enforcement against drug dealers. This study is a normative legal study using a case study method on Serang District Court Decision Number 456/Pid.Sus/2025/PN.Srg, which tried two defendants in one case: a 17-year-old student (drug user) and a 32-year-old adult male (drug dealer). The results of the study show that the panel of judges comprehensively applied the principles of substantive justice and individualization of punishment. The judges considered legal and non-legal factors holistically, such as motive, psychological examination results, evidence of transactions, and potential for rehabilitation. Defendant A (the user) was sentenced to 1 year in prison with the provision of rehabilitation, in accordance with Article 54 of the Narcotics Law, while Defendant B (the dealer) was sentenced to 12 years in prison without remission, in accordance with Article 114 paragraph (1) of the Narcotics Law. This verdict is consistent with the principles of legality, proportionality, and restorative justice. However, the study also revealed obstacles in the implementation of rehabilitation, such as limited facilities at the National Narcotics Agency (BNN), a lack of integration in the referral system, and a lack of coordination between agencies
Legal Review Of Narcotics Criminal Cases (Serang District Court Case Study Number 106/Pid.Sus/2025/PN SRG) Tb Edya Rizky Maulana; M. Nassir Agustiawan; Mohammad Hifni
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2348

Abstract

The issue of drug abuse is crucial given that narcotics have physical and mental effects. When used in appropriate doses and under the supervision of a doctor or psychiatrist, they can be used for medical or research purposes. This study aims to analyze the application of substantive criminal law and the public prosecutor's considerations in seeking punishment for Class I narcotics abuse, as outlined in District Court Decision No. 188/Pid.Sus/2022/PN Rkb. This study employed normative legal methods with a case study approach. This research was conducted in the city of Cilegon, specifically at the Cilegon District Attorney's Office, using primary legal materials, namely Law Number 35 of 2009 concerning Narcotics, and secondary legal materials, namely books, journals, and articles relevant to the research. After all data was collected, it was processed and analyzed qualitatively and then presented descriptively. This involves searching for and collecting data related to the object and problem under study, then systematically organizing it to obtain a clear and comprehensive picture. The research results indicate shortcomings by the Public Prosecutor in the application of sanctions and determination of the defendant's status, where the defendant was sentenced to seven years in prison and declared a Class I narcotics abuse offender. This research concludes that the sanctions and defendant's status were not commensurate with the weight of the evidence. The prosecution should have considered applicable legal provisions and mitigating factors. This indicates that the application of the law does not fully reflect the principle of justice. Therefore, greater precision and proportional consideration are required in the prosecution process of narcotics cases.
Legal Study Of Worker Protection Against Unilateral Termination Of Employment : Case Study Of Decision Number 21/PDT.SUS-PHI/2025/PN.SRG Fatih Arif Mutaqin; M. Nassir Agustiawan; Mohammad Hifni
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2349

Abstract

Unilateral termination of employment (PHK) carried out by employers without proper legal procedures constitutes a violation against workers and can lead to labor disputes. This study aims to analyze the legal basis for worker protection resulting from unilateral layoffs and to understand the legal considerations of the panel of judges in deciding the case based on Serang District Court Decision Number 21/Pdt.Sus-PHI/2025/PN SRG. This study uses a normative legal method with a case study approach, supplemented by qualitative analysis of primary and secondary data. Primary data were obtained from court ruling documents, while secondary data included laws and regulations, books, legal journals, and teaching materials. The analysis was conducted descriptively and prescriptively to evaluate the conformity between the judge's application of the law and applicable positive legal norms. The research results indicate that the judge, in deciding this case, applied legal aspects, referring to the provisions of Articles 151, 153, and 158 of Law No. 13 of 2003 as the primary consideration. The panel of judges declared the unilateral layoffs by the employer invalid because they failed to meet formal and material requirements, thus granting the workers their full rights, including wages, during the industrial relations dispute. However, the judge failed to fully consider sociological and philosophical aspects, such as the workers' economic conditions and the principle of "greater protection" for workers as the more vulnerable party
Legal Analysis Of The Implementation Of The Minister Of Religious Affairs Regulation Number 12 Of 2019 Concerning The Ethics And Behavior Of State Civil Apparatus Employees In The Ministry Of Religious Affairs Environment Towards Employee Performance At The Ministry Of Religious Affairs Office In Serang City Aqil Meilanggi Shihab; M. Nassir Agustiawan; Mohammad Hifni
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2350

Abstract

The State Civil Apparatus (ASN) plays a central role in government administration and maintaining national integrity based on the values of Pancasila and the 1945 Constitution. Professionalism and work ethics are essential for creating a bureaucracy free from corruption, collusion, and nepotism. This study aims to analyze the role of civil servants within the Ministry of Religious Affairs of Serang City based on Ministerial Regulation Number 12 of 2019 and to assess the effectiveness of its implementation on employee performance. The research employs a normative legal method with a statutory approach, utilizing primary data from interviews and secondary data from primary, secondary, and tertiary legal materials. The results indicate that civil servants hold a vital role as public servants, yet the enforcement of sanctions for ethical violations remains weak, resulting in a lack of deterrence. Strengthening disciplinary enforcement is therefore necessary to uphold the professionalism and integrity of civil servants in public service
Legal Implications of Marriage Agreements Regarding Separation of Joint Property Following Constitutional Court Decision Number 69 of 2015 : Case Study Number 49/Pdt.P/2020/PA.Tgrs Shiva Durrotu Luthviah; M. Nassir Agustiawan; Mohammad Hifni
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 3 No 5 (2025): 2025
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v3i5.2351

Abstract

Constitutional Court Decision Number 69/PUU-XIII/2015 has provided a new legal basis for interpreting Article 29 paragraph (1) of Law Number 1 of 1974 concerning Marriage, which previously only allowed the creation of marriage agreements before or during the marriage. The purpose of this study is to analyze the legal impact of allowing marriage agreements after the marriage has taken place, as a consequence of Constitutional Court Decision No. 69/PUU-XIII/2015, and to examine how this new norm is applied in judicial practice through a case study of Case No. 49/Pdt.P/2020/PA. Tgrs at the Tigaraksa Religious Court. The research uses a normative juridical approach with primary data sources in the form of court decisions and legislation, as well as secondary data such as legal doctrine, theories on agreements and legal certainty, and the results of interviews with relevant law enforcement officials. The findings of the study show that the Constitutional Court's decision expands the application of the principle of freedom of contract contained in Article 1338 of the Civil Code and affirms that married couples have the constitutional right to regulate their civil relations through agreements, including those concerning joint property, without being bound by the time of creation before marriage. In case 49/Pdt.P/2020/PA.Tgrs, the Panel of Judges granted the ratification of the marriage agreement because it fulfilled the elements of legality and did not cause harm to third parties. This shows that the norms resulting from the Constitutional Court's decision have been accepted as a valid source of law in court practice. The legal consequences of marriage agreements made after marriage include the need for new guidelines in the judicial and notarial fields, the importance of the ratification process in court, and the guarantee of legal protection for third parties who may be affected. Although the change in norms has taken place, its implementation still faces obstacles, mainly due to the limited understanding of law enforcement officials and the absence of official technical provisions from the Supreme Court or the Ministry of Religious Affairs as a basis for implementation at the national level.
Co-Authors Abdul Gofar Adnin Chiesa Syahwanes Agustiawan, M. Nassir Ajeng Trihartini Aqil Meilanggi Shihab Dani Darmawan Desi Pratiwi Dewi Lestari Pratami Fatih Arif Mutaqin Galuh Sulyana Irwanto Irwanto Juan Carlos Marbun Muhamad Jahiri Muhammad Adnan Faidh Muhammad Idham Alfaridi Mutari Madhuri Mutia Nandika Sukma Najar Pratama Novita Sari Rifkhi Iqbal Fitroni Shabrian Yusuf Maulana Shiva Durrotu Luthviah Sintha Andiningtyas Kirani Siti Rohayati Tb Edya Rizky Maulana Tiara Kurniati Yudhitya Gilang Ramadhan