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Justice, Institutions, and Society: Cross-Cultural Analysis of Prosecution Systems Pamungkas, Agung; Faishal, Achmad; Tornado, Anang Shophan
DIKTUM: Jurnal Syariah dan Hukum Vol. 23 No. 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.14930

Background: Comparative scholarship on prosecution systems often emphasizes structural and procedural distinctions between adversarial, inquisitorial, and mixed models, yet it rarely engages with how prosecutorial practices are shaped by socio-cultural norms and moral frameworks in real-world contexts . Purpose: This study aims to critically examine international prosecution models through an anthropological fiqh lens, analyzing how prosecutorial discretion, independence, and accountability are influenced not only by institutional design but also by religious values, local ‘urf, and communal ethics. Methods: The research employs a comparative socio-legal methodology that combines document analysis, semi-structured interviews with prosecutors and legal practitioners, and ethnographic observation in selected jurisdictions, including both civil law and common law traditions, as well as Muslim-majority legal systems. Findings: Results indicate that while formal structures prioritize legal certainty and efficiency, prosecutorial decision-making is frequently mediated by moral considerations and socio-cultural legitimacy. These dynamics generate significant variations in outcomes across jurisdictions, particularly in cases involving restorative justice, diversion, or sensitive moral offenses . Theoretical and Practical Implications: the study bridges legal philosophy with empirical practice, offering new insights into how prosecution systems can balance codified law with communal notions of justice. The findings also provide practical guidance for legal reforms aimed at enhancing prosecutorial transparency and fairness. Originality/Novelty: This research advances comparative prosecution studies by integrating anthropological fiqh into empirical analysis, producing a culturally grounded framework that reconceptualizes prosecutorial discretion within global criminal justice systems

Pelaksanaan Pengawasan Barang Beredar Produk Elektronik sebagai Upaya Perlindungan Konsumen oleh Dinas Perdagangan Provinsi Kalimantan Fitriani*, Fitriani; Usman, Rachmadi; Tornado, Anang Shophan
JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Vol 8, No 4 (2023): Agustus, Social Religious, History of low, Social Econmic and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jimps.v8i4.28671

Penelitian ini bertujuan untuk menganalisis cara pelaksanaan pengawasan barang beredar produk elektronik oleh Dinas Perdagangan Provinsi Kalimantan Selatan untuk menjaga kualitas, keamanan, dan hak-hak konsumen dan menganalisis hambatan dalam pelaksanaan pengawasan barang beredar produk elektronik oleh Dinas Perdagangan Provinsi Kalimantan Selatan. Penelitian empiris mengacu pada penelitian yang berfokus pada pengumpulan data aktual dari lapangan atau pengalaman nyata untuk menjawab pertanyaan penelitian. Penelitian bersifat deskriptif. Penelitian ini menggunakan analisis dokumen dengan pendekatan kualitatif. Adapun analisis bahan hukum yang digunakan yaitu reduksi data, penyajian data dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa Dinas Perdagangan Provinsi Kalimantan Selatan telah melaksanakan pengawasan barang beredar produk elektronik dengan pendekatan yang komprehensif memanfaatkan berbagai instrumen hukum serta peraturan dan regulasi terkait perdagangan dan perlindungan konsumen. Selain itu, Dinas melakukan kegiatan rapat koordinasi, sosialisasi, dan pengawasan untuk meningkatkan pemahaman bagi konsumen dan pelaku usaha terkait regulasi dan standar produk. Pelaksanaan pengawasan barang beredar produk elektronik di Dinas Perdagangan Provinsi Kalimantan Selatan mengalami beberapa hambatan diantaranya kekurangan pemahaman dari pelaku usaha dan konsumen mengenai pentingnya pengawasan dan tingkat kesadaran dan keberdayaan konsumen masih rendah. Serta keterbatasan ruang dalam bergerak akibat pandemi Covid-19 mempengaruhi pencapaian target pengawasan barang beredar. Dalam mengatasi hambatan ini, langkah-langkah strategis seperti meningkatkan frekuensi kegiatan pengawasan, melakukan sosialisasi, serta meningkatkan koordinasi antar pihak terlibat menjadi esensial untuk memperkuat pengawasan produk elektronik dan meningkatkan kesadaran konsumen

Women's Participation in Mediation Houses in Banjarmasin City Zulaeha, Mulyani; Faishal, Achmad; Anwary, Ichsan; Suprapto, Suprapto; Saprudin, Saprudin; Tornado, Anang Shophan; Ilmy, Muhammad Azianoor; Mustika, Cindyva Thalia
Riwayat: Educational Journal of History and Humanities Vol 8, No 4 (2025): October
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i4.51206

Community service in the Compulsory Lecturer Service Program (PDWA) aims to develop the capacity of women in resolving disputes/conflicts and the strategic role of women's involvement in the Mediation House, so that equality of position is created between men and women to obtain opportunities/opportunities and participation in development, especially in facilitating the resolution of disputes and disputes in the community through mediation channels that prioritize deliberation and consensus with an approach that prioritizes peace. Through this service theme, it is hoped that it can inspire women to take a role in the Mediation House. The results of this service activity show that women also have the capacity and ability to become facilitators in resolving disputes in the community through mediation, because in principle women have good communication skills to facilitate the resolution of disputes/conflicts between the parties. Thus, women's participation in the mediation space can be an important investment for a better future in Banjarmasin City, which has a domino effect on increasing women's legal literacy and strengthening social networks (agents of change).

Provision Of Assistance By Legal Advisors/Advocates To Witnesses In The Investigation Stage Examination Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.69

The Criminal Procedure Code only provides an opportunity for legal advisers to accompany the suspect in the Minutes of Examination with limited provisions, only to see and hear during the examination, this is regulated in Article 54 of the Criminal Procedure Code. Meanwhile, there is no regulation for witnesses in the Criminal Procedure Code. The problem in examining witnesses is when the witness being examined has the potential to become a suspect, where the concept of a witness who has the potential to become a suspect has become known as the concept of a potential suspect. So that it will be very urgent when the rights of witnesses being examined must really have their rights protected, one of the efforts to protect it is the presence of a legal adviser or advocate. The problem can be narrowed down to how witnesses who have the potential to become suspects in the investigation stage become more cooperative and "tame" towards investigators' summons to be examined, this of course needs to be made in a method that gains strong legitimacy at the norm level. In Article 27 paragraph (1) letter a Regulation of the Chief of Police Number 8 of 2009 concerning Implementation of Human Rights Principles and Standards in the Implementation of Duties of the Indonesian National Police firmly states that "every officer who conducts examination of witnesses, suspects or examinees is obliged to: a. provide an opportunity for witnesses, suspects or being investigated to contact and be accompanied by a lawyer before the examination begins.

Determination of Suspects in Narcotics Crimes Through Supervised Submission (Controlled Delivery) Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.70

Abstract Considering that the crime of illicit drug trafficking is already very horrific, both coming from abroad and those circulating within the country, a special method is needed to deal with it. Narcotics and psychotropics are substances or drugs that are very useful and necessary for certain diseases. However, if it is misused or used not in accordance with the standard of treatment, it can have very detrimental consequences for individuals or society, especially the younger generation. Seeing the difficulty of the investigative process for disclosing drug cases, there must be special rules governing the process or authority of investigators in handling drug cases. The authority of investigators in carrying out investigations, these techniques are undercover buys and controlled delivery. The norms governing controlled delivery, namely the Narcotics Law and the technical regulations under it, still cannot clearly describe the problems above, especially how the recipient, who incidentally is a person, is intentionally used or framed to become a recipient of narcotic packages .

Statement of Expert in Holding Special Cases at the Investigation Stage Based on Perkap 6 of 2019 Concerning Investigation of Criminal Acts Tornado, Anang Shophan
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.72

As a form of implementation as a rule of law state, law enforcement officers consisting of police, prosecutors, judges and lawyers are presented to carry out this function. The police as one of the law enforcers carry out security measures in the community, in every action they are subject to formal law, namely the Criminal Procedure Code (KUHAP). In the Criminal Procedure Code, the task of the police to disclose a crime or also called a crime is known as an investigation. In the investigation stage which aims to make light of a crime and find the suspect by collecting evidence, of course, must go through the correct and accountable procedures. A little wrong in carrying out the procedure, the investigator as a user in the investigation in his actions makes it clear that the crime must collect evidence that can really be tested in quality. In the Criminal Procedure Code, evidence is contained in Article 184 paragraph (1) which consists of witness statements, expert statements, letters, instructions and statements of the accused. As for the evidence that is in the spotlight in the expert's statement, where the expert's statement is evidence that is felt to play a significant role in determining the elements of the crime which in the end can shed light on the crime in the investigation stage. KUHAP as the holy book of criminal law practitioners in enforcing criminal law is certainly expected has all the facilities or in other words can accommodate all the sense of justice for the parties involved in it. As we also know that the Criminal Procedure Code was born in 1981, if we feel that he is already 40 years old, if we equate it with human age, it can be said that he is entering adulthood. The maturity of the KUHAP so far can be marked by the persistence of the Criminal Procedure Code as the basis for law enforcement and justice seekers in criminal cases even though there are patchworks here and there in the form of implementing regulations and in the form of a Supreme Court Circular to provide perfection and fulfill the people's sense of justice.

Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan Tornado, Anang Shophan; Fahlani, Soffyan Angga; Alfath, Nur Khalis; Aida, Nur; Nisa, Noor Fidhiatun; Risna, Risna
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.82

Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.

Kepastian Hukum terhadap Pengajuan SHGB yang Telah Daluwarsa Menggunakan Akta Jual Beli (AJB) Lirung, Liebertha; Tornado, Anang Shophan
AHKAM Vol 5 No 3 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10761

Although expired Building Use Rights (Hak Guna Bangunan/HGB) have received attention in various agrarian law studies, research that specifically discusses the legal standing of the Deed of Sale and Purchase (Akta Jual Beli/AJB) as the basis for applying for the renewal of rights after the expiration of HGB remains limited. This study aims to analyze the legal force of an AJB made while the HGB was still valid and to explore legal certainty for AJB holders in applying for the renewal of land rights. This study used a qualitative approach with a normative legal research design. Primary and secondary legal materials were obtained through documentation studies and literature searches of legislation, court decisions, books, and legal journals. The data were analyzed using qualitative analysis techniques with deductive legal reasoning. The results show that an AJB made while the HGB was still valid retains legal force as evidence of the acquisition of rights and physical control over the land, although it can no longer be used as the basis for the transfer-of-name process after the HGB has expired. These findings contribute to the development of agrarian law theory, particularly concerning legal protection for good-faith buyers in land administration practices. The conclusion of this study affirms that good faith, the validity of the AJB at the time it was made, and actual physical control of the land are important factors in applying for the renewal of land rights. The implications of this study include strengthening the literature on land registration law and providing practical recommendations for the National Land Agency (BPN) in formulating a clearer, more consistent, and more equitable administrative mechanism for granting new rights over state land. This study also opens opportunities for further research on socio-legal aspects in the variation of land policy implementation across regions.

Tanggung Jawab Notaris atas Kelalaian Memeriksa Status Hukum dalam Pembuatan Akta Pengalihan Hak Paten yang Telah Gugur Rahmah, Siti; Tornado, Anang Shophan
AHKAM Vol 5 No 3 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10959

Although notarial responsibility has received attention in various legal studies, research that specifically discusses notarial negligence in verifying the legal status of expired intellectual property rights, particularly patent rights, remains limited. This study aims to analyze whether a notary can be deemed negligent if they fail to examine the legal status of a lapsed patent right before preparing a deed of transfer and to examine the legal consequences arising from such negligence. This study used a normative legal research method with statutory, conceptual, and analytical approaches. The legal materials used consisted of primary legal materials in the form of Law Number 2 of 2014 concerning Notary Position, Law Number 13 of 2016 concerning Patents, the Indonesian Civil Code, as well as relevant legal regulations and doctrines. The data were analyzed prescriptively using the theory of fault, the theory of legal protection, the theory of negligence, the theory of prudence, and the theory of legal events. The results show that a notary can be deemed negligent if they do not verify the legal status of the patent right that becomes the object of transfer because a notary is required to act honestly, carefully, independently, and with full prudence in carrying out their office. Examining the legal status of a patent right is part of the application of the principle of prudence to ensure that the right being transferred remains valid and can become the object of a legal act. Negligence in such verification has implications for the notary’s legal liability and has the potential to weaken legal certainty in patent right transfer transactions. The conclusion of this study emphasizes the importance of verifying legal status before preparing a deed of transfer of patent rights. These findings provide a theoretical contribution to the development of the literature on notarial law and intellectual property law, as well as practical implications for notaries, legal practitioners, and policymakers in strengthening legal certainty in intangible asset transactions.

Penggunaan Tanda Tangan Digital dalam Pembuatan Akta Notaris Menurut Perspektif Hukum Progresif Amalia, Anita; Tornado, Anang Shophan
AHKAM Vol 5 No 3 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.11015

Although digital transformation in notarial practice has received attention in various previous studies, research that specifically discusses the weaknesses of conventional signatures and the feasibility of digital signatures as their replacement from the perspective of progressive law remains limited. This study aims to analyze the weaknesses of conventional signatures in the preparation of notarial deeds and to assess the feasibility of digital signatures as an alternative replacement based on the perspective of progressive law. This study used a normative juridical method with statutory and conceptual approaches. Data were collected through library research on primary, secondary, and tertiary legal materials, and then analyzed using descriptive qualitative techniques. The results showed that conventional signatures have fundamental weaknesses. Philosophically, conventional signatures are contrary to substantive justice because they may discriminate against people in remote areas and persons with disabilities. Juridically, conventional signatures are vulnerable to forgery and denial, lack a non-repudiation mechanism, and may lead to the degradation of the legal force of authentic deeds. Sociologically, conventional signatures create structural exclusion and inefficiency in notarial services. Practices in the United States, Germany, France, Belgium, Estonia, and Singapore show that digital signatures have been implemented in notarial systems using varied approaches. These findings contribute to the development of notarial law theory and expand understanding of legal reform in the digital era. The conclusion of this study affirms that regulatory harmonization between the Notary Office Law and the Electronic Information and Transactions Law is an important prerequisite for the implementation of digital signatures in notarial deeds. The implications of this study include theoretical contributions to the development of notarial law literature and practical implications for the government in explicitly revising the Notary Office Law and strengthening the digital infrastructure of notarial practice.

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