Muhammad Zainal
Dosen Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Zainul Hasan Probolinggo

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STUDI KOMPARASI PERBUATAN PEMBELAAN DIRI OVERMACHT, NOODWEER DAN NOODWEEREXCES DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM PIDANA: STIH MUHAMMAD ZAINAL
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 1 (2022): Maret 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i1.16

Abstract

Abstract The Criminal Code that we know is Positive Law that applies in Indonesia, especially those relating to criminal acts or actions that harm others as legal subjects, the Criminal Code (KUHP) is included in the Lex Generalis category or Public Law which regulates the rules for people who commit violations, however, the articles in the Criminal Code do not entirely include paragraphs regarding legal sanctions for perpetrators of criminal acts, but there are several articles that fall into the category of acts that are not criminalized, especially in Book I Chapter III of the Indonesian Criminal Code. the Criminal Law Act which regulates Matters that Eliminate Criminal Offenses which are regulated from Article 44 to Article 52a, in particular the provisions of Articles 48 and 49 of the Criminal Code which regulates Acts of Self-Defense due to Forced Power (overmacht) and Self-Defense The Transcendent / Forced Defense or in other words known as N oodweer, as a form of protection for people who experience an act that threatens themselves so that they carry out a defense, the defense of which of course may have fatal consequences for the perpetrators who turn out to be victims, considering that a few weeks ago there was also a case against the decision at the Jakarta District Court which ruled two the defendant was a police officer who killed Laskar FPI for reasons of Noodweer (defense because he had to). Therefore, the author wants to examine in this research by formulating the problem of how to implement article 48 and article 49 of the Criminal Code regarding self-defense because of compulsion and what are the factors that can be used as justification for self-defense that exceeds the limit/noodweer to ensure legal certainty. The method used in the preparation of this scientific paper is a normative juridical approach which refers to the legislation in force in Indonesia in accordance with the rationale of legal practitioners, as well as legal experts in this country, especially in terms of the application of articles 48 and 49 The Criminal Code (KUHP) on Forced Self-Defense (Overmacht) and Forced Defense (Noodweer) The conclusion of scientific studies on self-defense that exceeds the limit of noodweer in this scientific work is the existence of important and necessary limitations and conditions in terms of self-defense that exceeds the limit or noodweercarried out by victims in defending themselves and their property. Keyword: Comparative Study – Overmach, Noodweer, Noodweerexces – KUHP
Penerapan Restorative Justice Dalam Penyelesaian Perkara Pidana Oleh Lembaga Penegak Hukum Di Indonesia: (Berdasarkan Nota Kesepakatan Bersama Ketua Mahkamah Agung, Menteri Hukum dan Ham, Jaksa Agung dan Kepala Kepolisian Tahun 2012) Kholidazia El HF.; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (273.112 KB) | DOI: 10.61974/justness.v1i1.1

Abstract

The research on "The Application of Restorative Justice in the Settlement of Criminal Cases by Law Enforcement Agencies in Indonesia (Based on a Memorandum of Understanding with the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Attorney General and Chief of Police in 2012)" aims to: 1) to know and understand decisions about the types of criminal acts that can be applied by Restorative Justice in the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012; 2) to analyze the application of Restorative Justice carried out by Law Enforcement Agencies in Indonesia based on the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012. This research uses normative legal research or library law research or also called literary studies with a statutory approach where it is necessary to understand the hierarchy and principles in statutory regulations. Based on the results of the study, broadly speaking, the results of this study can be concluded as follows:a. Types of Crimes That Can Be Settled Through Restorative Justice 1) The Supreme Court of the Republic of Indonesia in General Courts: Minor crimes, cases of women in conflict with the law, cases of children in conflict with the law and narcotics cases; 2) at the Indonesian Prosecutor's Office: The suspect has committed a crime for the first time, the crime is only threatened with a fine or is threatened with imprisonment of not more than 5 (five) years and the crime is committed with the value of the evidence or the value of the loss caused as a result of the crime. a criminal offense of not more than Rp. 2,500,000 (two million five hundred thousand rupiah); 3) in the Indonesian National Police: all crimes against general crimes that do not cause human victims.b. Application of Restorative Justice 1) in the Supreme Court of the Republic of Indonesia in the General Courts Environment: The application of Restorative Justice is adjusted to the type of criminal case, however, the principle of application is the same, namely by seeking peace and compensation; 2) at the Attorney General's Office of the Republic of Indonesia: by making peace efforts between the suspect and the victim; 3) in the Indonesian National Police: efforts to reconcile and settle disputes between the litigants (the reporting party, and/or the family of the reporting party, the reported party and/or the family of the reported party and representatives of community leaders) with the investigator's superiors knowing. Keyword: Law, Restorative Justice
Praktek Perjanjian Bagi Hasil Tanah Pertanian Antara Petani Pemilik Dengan Petani Penggarap Di Desa Gondosuli, Kecamatanpakuniran, Kabupaten Probolinggo: (Yuridis Empiris) Fathul Qorib; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.8 KB) | DOI: 10.61974/justness.v1i1.2

Abstract

Basically, the State of Indonesia is an agrarian country, where the land can be planted with any crops, therefore the author takes the title "Practice of Agricultural Land Production Sharing Agreements Between Owner Farmers and Cultivators in Gondosuli Village, Pakuniran District, Probolinggo Regency" which is directly related to the agreement. profit sharing from agricultural land in Gebangan Village. In writing this thesis, the author raised three problems, namely: (1). What are the Procedures, Forms and Amounts of the Profit Sharing Coefficient of Agricultural Land in Gebangan Village. (2). How are the Efforts to Improve the Fate of the Farmers in relation to the Procedures, Forms and Coefficients for Sharing Agricultural Land Yields in Gebangan Village. (3). Who usually mediates when there is a problem between the Owner Farmer and the Cultivator in Gebangan Village.The purpose of this writing is Special Purpose.Specifically, the goal to be achieved is to know the practice of sharing agricultural land in Gebangan Village, Krejengan District, Probolinggo Regency, including wanting to know the Procedures, Forms and Profit Sharing Coefficients between Owner Farmers and Cultivators, so that in the future it will be known as well. the shortcomings that exist in the implementation of the agreement, so that in the end it will be possible to take steps to improve the future of the Farmers, especially Cultivators. Where the sharecroppers are always oppressed by landowners who have a lot of capital. General PurposeIt is to develop the level of institutional scientific knowledge, in this case Educational Institutions on Campus, including policy makers in the field of Agriculture, especially those relating to efforts to advance the future of Small Farmers in Indonesia, so that with this knowledge they can be used as a guide for updating provisions. there is, with the hope that the lives of the Farmers who are actually very useful for the Indonesian Nation are better and more advanced, so that our nation can be known again as an Agrarian Country.The method of this research is using the Juridical Empirical research method in which the legal sources used are from several valid references and through direct research in the field, where the resource persons have been directly involved in the practice of this profit-sharing agreement. The results of this study are the authors can provide a little knowledge to the people who live in Gebangan Village how the procedure for the correct agricultural land production sharing agreement for owners and cultivators, which is based on Law No. 2 of 1960, the correct agreement must be in writing, there is a witness or make an agreement in front of the local village head so that the legal basis is strong, if there is fraud from one of the parties who made the agreement then it can be brought to justice because they already have strong evidence to be brought to justice, but now there are still many farmers making agreements with just words without making a written agreement so that if there is a problem you can't do anything. Therefore, the government made a law for agricultural land production sharing agreements that occurred between the owner and the cultivator, so that the land owner could not arbitrarily treat the tenant farmers, after being given an understanding of the agreement regulated by Law Number 2 of 1960, in Gebangan Village. have already entered into a written agreement.. Keyword: Constitution, Practice
Studi Komparasi Dan Analisis Terhadap Tindak Pidana Kesusilaan Zina, Pemerkosaan Dan LGBT Dalam Perspektif KUHP Dan RKUHP 2015 Hj. Khusnul Hitaminah; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (327.644 KB) | DOI: 10.61974/justness.v1i1.4

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The law as we know it has three concepts that are the essence and foundation of the law itself, namely providing justice, providing benefits and certainty. Law is born, grows and develops with the community, meaning that the law undergoes a process of change at any time along with the development of people's behavior, therefore the law must be dynamic so that people are protected and their safety is guaranteed when they feel their life is threatened. One of the things that is rife in society lately is the occurrence of sexual harassment, rape and free same-sex sexual relations, all of which are troubling to us as a nation that has high civilization by upholding moral values, but it is tarnished by the rise of incidents such as illustrated above. Therefore, the law has an active role as a tool to protect and prevent that what has been described above is an extraordinary event in our country. So that peace, peace and the image inherent in our nation that upholds the honor of moral values can be guaranteed for its sustainability. Along with that, although all this research is normative, it aims to provide information to the public that the law must be dynamic and not stagnant considering that society is always dynamic along with the times, so that this research conducts a study and comparative study of the laws that apply now and in the future, which of course this is a form or manifestation of our concern and the state apparatus to ensure the safety and comfort of the community. From some of these explanations, the author takes the title "Comparative Study and Analysis of Crimes of Morality, Adultery, Rape and LGBT in the Perspective of the 2015 Criminal Code and RKUHP" with the following objectives: For the public in general, to know that the articles in the Criminal Code that regulate the issue of adultery, rape and LGBT are too specific and narrow so they need to be expanded to be more comprehensive. To let the public know that the legislative body has tried to make new breakthroughs by adding new articles in the Criminal Code regarding the rules regarding Adultery, Rape and LGBT. With the addition of articles in the new Draft Criminal Code, it is possible to contribute justice to all victims of adultery by means of violence or rape. It is also hoped that with this RKUHP people will no longer have same-sex intercourse, which is carried out freely without any sanctions for the perpetrators.. Keyword: Comparative Study, Moral Crimes, Criminal Code and RKUHP
Tinjauan Yuridis Terhadap Upaya Hukum Kasasi Jaksa Penuntut Umum Atas Putusan Bebas Pada Kasus Baiq Nuril Berdasarkan Pasal 244 Kitab Undang-Undang Hukum Acara Pidana Muhammad Zainal; Kholidazia El. HF.
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.763 KB) | DOI: 10.61974/justness.v1i1.5

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All citizens are equal before the law and are obliged to uphold the law and the government with no exceptions", the quote is the content of Article 27 paragraph 1 of the 1945 Constitution. The constitution is the highest law above other laws. This article is a mandate that we must obey as citizens, so that whoever and whatever our position is, of course we must obey a rule of law without any exceptions, in order to create a sense of security and peace, because the law has a rule and principle which is the main foundation. of the law itself, namely providing a sense of justice, benefits and certainty. In the law enforcement process carried out by court agencies, the final point is a decision taken by the panel of judges, and every decision taken will certainly lead to a polemic, one party considers the decision fair and on the other side considers the decision unfair, so that the principle of Certainty of the law itself is sometimes biased. Although in essence the law functions to ensure a sense of security, order and peace in society, behind that it is not uncommon for the law to sometimes create unrest in the community, because after all the law cannot be separated from society as a legal subject, and vice versa, society cannot be separated from the law, as stated in the statement. Cicero "Ubi Societi Ibi Ius, Ibi Ius Ubi Society" where there is society there is law, where there is law there is society. This research is normative but raises a legal case that is phenomenal and viral on social media and becomes a polemic in the midst of society, as if something went wrong in its application, namely the acquittal of a defendant but was appealed by the Public Prosecutor so that it seemed contradictory. with actual legal norms and there is no legal certainty and does not provide a portion of justice as the function of the law itself, in this context the author is interested in studying it in this study so that the polemics that arise can be studied in terms of the existing rules. Because this case has attracted the attention of many people who think that the law is not in place, "the strong are immune to the law while the weak are oppressed, the law is sharp downwards but blunt upwards" statements such as. That's what often appears when the weak do not get justice. Because of the polemics that arose in this case, the author is interested in examining it in an application of the articles in the Criminal Procedure Code as a basis for providing an explanation of the cases raised in this study, as the provisions of the law are juridical normative empirical. Keyword: Yiridis Review, Cassation Legal Effort, Free Decision, Article 244 of the Criminal Code
NETRALITAS KEPALA DESA TANJUNG DALAM MENGAWAL PEMILIHAN UMUM 2024 MENURUT UNDANG-UNDANG NO 7 TAHUN 2017 TENTANG PEMILIHAN UMUM: NETRALITAS KEPALA DESA TANJUNG DALAM MENGAWAL PEMILIHAN UMUM 2024 MENURUT UNDANG-UNDANG NO 7 TAHUN 2017 TENTANG PEMILIHAN UMUM admin, Admin; Fitrotun Nisak; Muhammad Zainal; Fathul Qorib
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.68

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Abstract Election is a means of people's sovereignty to elect members of the DPR, DPD, DPRD, President and vice President. Law Number 7 of 2017 regulates various aspects of the implementation of elections in Indonesia, including the neutrality of village heads in carrying out their duties and responsibilities during the Election process. The village head has an important role as an election organizer at the village or village level. This research aims to ensure that the head of Tanjung village can carry out his role neutrally and free from interventions and intimidation that affect the course of the 2024 election. This research is an empirical research, the location of the research was carried out in Tanjung Pajarakan village with the method of Interview, Observation, Document Analysis, Literature Study and Technical Data Analysis The results of the research show that the head of Tanjung village has a strategic role in overseeing the 2024 election process at the village level but the head of Tanjung village is also faced with various challenges, such as pressure and intervention from parties who want to influence the election process at the village level Keywords:Neutrality, Village chief, General election
ANALISIS TEORITIS PERAN PSIKOLOGI HUKUM DALAM MENGUNGKAP MOTIF PELAKU TINDAK PIDANA DALAM PROSES PERADILAN DI INDONESIA: ANALISIS TEORITIS PERAN PSIKOLOGI HUKUM DALAM MENGUNGKAP MOTIF PELAKU TINDAK PIDANA DALAM PROSES PERADILAN DI INDONESIA Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.84

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Abstract This study aims to theoretically analyze the role of legal psychology in uncovering the motives of criminal offenders in Indonesia's judicial process. Legal psychology plays a vital role in providing a deeper understanding of offenders' psychological conditions and the factors influencing criminal behavior. Using a qualitative approach and literature review, this research explains how legal psychology tools, such as in-depth interviews and personality tests, can assist judges and investigators in objectively assessing offenders' motives. The findings indicate that the application of legal psychology can enhance the evidentiary process and lead to fairer and more proportional decisions within Indonesia's criminal justice system. Keywords : Legal psychology, perpetrator motive, criminal act, judicial process, Indonesia