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A Legal Analysis of The Use of Physical Violence by The Police during The Investigation Process of Alleged Criminal Offenders Raikhan Daffa Leksono; Syaifuddin Zuhdi
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

One of the most serious forms of violence occurring within the legal domain is the use of physical violence by police officers during investigations, particularly when a suspect has been identified as allegedly responsible for a criminal offense. Such violence is often justified by the absence of a confession deemed incompatible with the investigator’s expectations in uncovering the case. This study employs a normative juridical approach and uses descriptive research methods. Regarding criminal investigations, the police hold the authority to initiate and terminate the investigation process. Based on Article 1 point (2) of the Indonesian Criminal Procedure Code (KUHAP), the author holds the perspective that investigation is an activity carried out by investigators to identify suspects and to either revoke the suspect status or proceed to prosecution through observational and analytical methods. In the investigative process, legal protection for suspects who experience acts of violence by rogue investigators includes the right to legal assistance and the right to file a pretrial motion (as stipulated in Article 77 of the Criminal Procedure Code). In terms of law enforcement, the police have the authority to take pre-emptive, preventive, and repressive legal actions against investigators who commit acts of physical violence during the investigation process.
Legal Analysis of Judges' Considerations in Assessing The Element of Intention in The Criminal Act of Murder (Study of Decision Number 91/Pid.B/2024/PN Kln) Fadhillah Zahwa Yusticia; Syaifuddin Zuhdi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The crime of murder is a severe crime against human life, expressly regulated in Article 338 of the Indonesian Criminal Code (KUHP). In criminal justice practice, proving the element of intent and the judge's considerations often involve analysis of evidence, including the testimony of forensic experts. This study analyzes the judge's considerations in Decision Number 91/Pid.B/2024/PN Kln, assessing the element of intent based on the testimony of forensic experts from the perspective of criminal law theory. This normative legal research uses a statutory and case-based approach. Data collection through literature studies includes regulations, court decisions, and legal literature, analyzed qualitatively. As a result, the panel of judges declared that all elements of Article 338 of the Criminal Code-whosoever, takes the life of another person, and intentionally-were fulfilled based on the testimony of witnesses, the defendant, and the Visum et Repertum. The element of intent was supported by the testimony of forensic experts regarding the cause of death, related to the theory of will (wilstheorie) and knowledge (voorstellingstheorie). The testimony of forensic experts plays a crucial role in strengthening the evidence of intent in murder.
Legal Review of The Criminal Act of Ordering to Damage Cultural Heritage: A Study of Decision Number 174/PID.SUS/2022/PN SKH Rizal Ardiansyah; Syaifuddin Zuhdi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This study aims to analyze the legal considerations used by the judge in Decision Number 174/Pid. Sus/2022/PN Skh relating to a criminal act involving an order to destroy the Kartasura Baluwarti Fort Cultural Heritage, and to examine this case from an Islamic legal perspective. The method applied in this study is normative juridical, with a statutory approach and a case approach. The results of the study indicate that the panel of judges has applied Article 105 in conjunction with Article 115 paragraph (1) letter a of Law Number 11 of 2010 concerning Cultural Heritage, as well as Article 55 paragraph (1) point 1 of the Criminal Code correctly. All elements of the crime, including the element of intent and the role as the ordering party (doen pleger), has been legally proven based on the evidence presented at trial. The judge sentenced him to one year in prison plus an additional sanction in the form of an obligation to restore the fort's structure. From an Islamic legal perspective, the defendant's actions fulfill the requirements of jarimah (sharia, madi, and adabi) and are categorized as jarimah ta’zir because it damages property that has public interest (hifz al-mal). This action is also classified as fasad. This is strictly prohibited by Islamic law, as it damages non-renewable public assets and historical heritage. Both positive and Islamic law emphasize criminal liability and the importance of protecting cultural heritage as a national identity and historical legacy.
Legal Protection of Contract Workers' Rights to Compensation in Cases of Premature Termination of Employment from The Perspective of Indonesian Positive Law Shakilla Ardya Wardiyanto; Syaifuddin Zuhdi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Premature termination of employment (PHK) of contract workers is a common problem in the Indonesian workforce. This problem can be detrimental to workers, both economically and legally, primarily due to the loss of income and the face of legal uncertainty. Although there are provisions in the law, in reality, legal protection for contract workers still faces various problems. This study aims to examine the rights of contract workers to receive compensation when their employment is terminated prematurely, from a legal perspective in Indonesia. In this study, the method used is a normative juridical method with a statutory and conceptual approach. Data were obtained by searching for information from laws and regulations, legal books, and scientific journal articles related to legal protection for contract workers who experience premature termination of employment. This study provides a more detailed explanation of the protection of contract workers' rights when experiencing premature termination, with a focus on the preventive and punitive aspects of protection, and analyzes the extent to which its implementation is effective in industrial relations practices in Indonesia. Research shows that legal protection for contract workers' rights is regulated in Law Number 13 of 2003, Law Number 6 of 2023, and Government Regulation Number 35 of 2021. Preventive protection is implemented by regulating the use of PKWT (Fixed-Term Work Agreements) and limiting termination of employment, while repressive protection is implemented by providing compensation and damages. However, the implementation of these protections has been inadequate due to violations by employers, lack of supervision, and workers' low legal understanding.
Social Rehabilitation as Legal Policy Protection for Women Victims of Terrorist Cyber Indoctrination Arief Budiono; Absori Absori; Genta Arya Mohammad; Esmara Sugeng; Wardah Yuspin; Syaifuddin Zuhdi; Rizka Rizka
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4206

Abstract

Introduction: It is noted that 513 women with Indonesian citizenship traveled to Iraq and Syria after being impacted by cyber indoctrination. Among these women, there are those with a manus minustra (victim) status. Some are trapped in Iraq and Syria overseas as they were brought there by their families when they were still young or were babies. Methods: This research employed the classical dogmatic juridical method with a literary approach. This research was conducted to find the best solution for women as victims of terrorists’ indoctrination who have not committed terror acts or women who migrated to Iraq and Syria when they were still young or were babies. Results and Discussion: Social rehabilitation is only given to indoctrination victims who have not committed terror, as well as women who were trapped in Iraq and Syria because they were brought over by their families when they were still young/babies, thus requiring identification. Social rehabilitation is crucial to prevent equal punishments between victims and offenders. Some countries apply social rehabilitation with various methods and requirements, such as Uzbekistan, Germany, and the United States. Conclusion: Rehabilitation is possible as the providing institutions are experienced in giving social rehabilitation to children of terrorism perpetrators. Social rehabilitation in these three countries was successful with various degrees of success. It is deemed as more successful than punishments as the former prevents victims from obtaining further indoctrination in jails
EDUKASI PARENTING: TOXIC PARENTING MENUJU MINDFUL PARENTING SEBAGAI UPAYA TRANSFORMASI POLA ASUH YANG LEBIH POSITIF Marisa Kurnianingsih; Kuswardhani Kuswardhani; Syaifuddin Zuhdi; Fahmi Fairuzzaman; Nova Auliyanti Faiza
Jurnal Gembira: Pengabdian Kepada Masyarakat Vol 4 No 04 (2026): AGUSTUS 2026
Publisher : Media Inovasi Pendidikan dan Publikasi

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Abstract

Pola asuh orang tua memiliki peran penting dalam membentuk perkembangan psikologis dan sosial anak. Namun, masih banyak ditemukan praktik toxic parenting yang berdampak negatif terhadap kondisi emosional dan kepercayaan diri anak. Kegiatan pengabdian ini bertujuan untuk meningkatkan pemahaman dan kesadaran orang tua mengenai dampak toxic parenting serta mendorong transformasi menuju penerapan mindful parenting sebagai pola asuh yang lebih positif. Metode yang digunakan adalah pendekatan partisipatif melalui tahapan persiapan, pelaksanaan, pendampingan, dan evaluasi, dengan teknik sosialisasi, penyuluhan, diskusi interaktif, serta praktik langsung. Hasil kegiatan menunjukkan adanya peningkatan pemahaman peserta mengenai pola asuh yang sehat serta perubahan sikap dalam mengelola emosi dan berinteraksi dengan anak. Penerapan mindful parenting terbukti mampu menciptakan hubungan yang lebih harmonis antara orang tua dan anak serta mendukung perkembangan anak secara optimal.