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Efektivitas Hukum Pemenuhan Hak Restitusi Terhadap Tindak Pidana Perdagangan Orang di Kota Makassar Saodana, Shafira; Muchtar, Syamsuddin; Azisa, Nur
Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v5i2.35622

Abstract

This study aims to analyze the effectiveness of the law on the fulfillment of the right of restitution Against Trafficking in Persons in Makassar. This study uses empirical legal methods, using a qualitative approach. The results of this study are (1) the fulfillment of the right of restitution to victims of trafficking in Persons is regulated in Law Number 21 of 2007 concerning the eradication of trafficking in Persons. The public prosecutor informs the victim of the right to request restitution which then the public prosecutor informs the amount of losses suffered by the victim due to the crime of trafficking in persons. (2) the effectiveness of the fulfillment of the right to restitution of victims of trafficking in Persons has not been effective because the law enforcement officers, especially investigators and prosecutors lack understanding related to restitution submission
Sistem Pemidanaan Tindak Pidana Narkotika dalam Perspektif Hukum Pidana Nasional Azisa, Nur; Adhyanti Mirzana, Hijrah; Saddam Rivanie, Syarif; Munandar, M. Aris; Hamdani Ramli, Rafika Nurul
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1840

Abstract

This research uses normative legal research methods with a focus on analyzing legal norms. This research aims to reveal the basic aspects of the formation of certain laws, by analyzing related laws using a statute approach. The sentencing system in Law Number 1 Year 2023 on the Criminal Code (National Criminal Code) presents significant changes, especially in special criminal offenses such as narcotics. The sentencing guidelines introduced in the National Criminal Code allow for broader considerations in imposing punishment, taking into account aspects of justice and humanity. The death penalty is regulated with leniency, giving judges a lot of consideration before making a decision. For drug offenders, the National Criminal Code provides rehabilitation sanctions, showing a more humane approach. Drug sentencing under the National Criminal Code reflects an integrative sentencing theory, which combines the principle of retribution with considerations of crime prevention and offender rehabilitation. This marks a change in the Indonesian criminal law system that prioritizes justice and humanity.
REVIEW OF CRIMINAL PROVISIONS OF FAKE NEWS (HOAX) BASED ON LEGISLATION IN INDONESIA Haeranah; Muhadar; Hijrah Adhyanti Mirzana; Nur Azisa; Andi Muhammad Lutfi Nurdin
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.33 KB) | DOI: 10.56301/awl.v5i1.538

Abstract

The crime of fake news (hoax) is qualified as a material crime, namely a crime that must result in losses in the form of losses to consumers. Consumers are defined as users of manufactured goods (clothing, food, etc.), recipients of advertising messages, and service users (customers and so on). So that Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law does not cover the general public. The definition of a consumer must be based on Law Number 8 Year 1999 concerning Consumer Protection. In addition, Article 28 paragraph (1) of the ITE Law is not a criminal offense against the act of spreading false news (hoax) in general, but the act of spreading false news in the context of electronic transactions such as online trading transactions. So, it can be concluded that the hoaxes regulated in Article 28 paragraph (1) jo. Article 45A paragraph (1) of the ITE Law is a material offense and its validity is limited to electronic transactions between consumers and producers, such as the sale of certain goods and/or services. So that the article cannot be applied to the general public.
THE CRIME OF FORCED MARRIAGE AGAINST CHILDREN IN THE PERSPECTIVE OF CRIMINAL LAW Azisa, Nur; Syamsuddin Muchtar; M. Aris Munandar; Ismail Iskandar; Nurul Hikmah; Fhildzha Zhafirin
Awang Long Law Review Vol. 5 No. 2 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v5i2.799

Abstract

Child marriage is a phenomenon that stilloccurs frequently in Indonesia today. After the promulgation of The Law of the Republic of Indonesia Number 12 Year2022 concerning Crimes of Sexual Violence(TPKS Law), child marriage is categorizedas a criminal act of sexual violence basedon forced child marriage. The criminalprovisions related to forced child marriages, the TPKS Law is disharmony with The Law of the Republic of Indonesia Number 16 Year 2019 concerning Amendments to The Law of the Republic of Indonesia Number 1 Year 1974 concerning Marriage (MarriageLaw), in which the law accommodates thepossibility of filing a dispensation with ageand cultural considerations. Meanwhile, thisis very inconsistent with the principlesadhered to in the TPKS Law. So that thiscan lead to obscuur libel (obscurity) in lawenforcement in the future. Given that theTPKS Law still does not have to implementregulations, it is still classified as an aspiredlaw (ius constituendum).
Criminal Acts of Physical and Non-Physical Sexual Violence in University Nur Azisa; Nur Amelinda Kharia; Maskun; Nurul Hidayat Ab Rahman; Arnita Pratiwi Arifin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 3 (2024): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i3.1497

Abstract

Sexual violence in educational environments, especially universities, is a significant social issue that needs urgent attention. This study highlights the issue of sexual violence in university settings, focusing on understanding the role of victims in cases of sexual violence from a victimological perspective. The purpose of this research is to analyze the extent to which internal and external factors influence victims' decisions to report or not report incidents, as well as to explore victims' involvement in incidents of sexual violence. Using an empirical legal method with a case-based approach, this study combines surveys, interviews, and literature reviews to gather primary and secondary data. The novelty of this research lies in its in-depth analysis of the psychological and social dynamics affecting victims' involvement in sexual violence cases on campus. The findings indicate that in some cases, victims may indirectly contribute to the occurrence of sexual violence due to unawareness of their social surroundings, referred to as "imprudent victims" in victimology. This study recommends establishing a PPKS Task Force and introducing “Sahabat PPKS” in each faculty as strategic measures to create a safe and supportive campus environment for victims. The research aims to contribute to the development of comprehensive protection policies, including legal, psychological, and social support for victims within academic settings.
Law Enforcement of Corruption Crime Abuse of Hospital Medical Devices by State Civil Apparatus Muh Rafly Nurfaizy; H. M. Said Karim; Nur Azisa
Jurnal Pengadaan Indonesia Vol. 2 No. 1 (2023): Jurnal Pengadaan Indonesia, Edisi April 2023
Publisher : Ikatan Ahli Pengadaan Indonesia (IAPI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59034/jpi.v2i1.15

Abstract

This study aims to determine (1) the Corruption Criminal Law Policy on the Misuse of Hospital Medical Devices by State Civil Apparatuses. (2) The role of the government in the prosecution of corruption crimes involving the misuse of hospital medical devices carried out by state civil apparatus. The preparation of this thesis uses an empirical legal approach, in which the author looks at law in its real sense and examines how the law works in society.With this research, it is concluded that: The role of criminal law in dealing with criminal acts of corruption in the form of abuse of hospital medical devices committed by the state apparatus is contained in Articles 8, 9, 10, 11, 12, 12B, and Article 23 of the Corruption Law (which adopted Articles 421, 422, 429, and Article 430 of the Criminal Code). The criminal act of corruption for civil servants and/or state administrators is a criminal act of corruption that can only be committed by people who are qualified as civil servants or state administrators.The role of law enforcers in the enforcement of corruption crimes in the abuse of hospital medical devices begins with the submission of reports originating from individuals, community organizations and non-governmental organizations, state institutions and government institutions, and information reports from the internal police, which will then be carried out by an investigation process with the assistance of the police and the Attorney General's Office. If the case file submitted by the investigator is deemed complete and the case can be prosecuted by the public prosecutor, then the public prosecutor then makes an indictment.
The Function of the Police in Law Enforcement of Narcotic Crimes: A Study of the Criminal Investigation Unit of Pinrang Police Department Arny, Muh Rizqi Tepu; Azisa, Nur; Arny, Nurkholis Tepu; Jaya, Bambang Eka
Golden Ratio of Law and Social Policy Review Vol. 4 No. 2 (2025): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v4i2.1329

Abstract

The abuse and illicit trafficking of narcotics constitute an extraordinary crime with far-reaching impacts on public health, social stability, the economy, and national security. This study aims to analyze the role of the police, particularly the Criminal Investigation Unit of the Pinrang District Police, in addressing narcotics and psychotropic drug-related offenses. The research adopts a normative-empirical approach, utilizing data collected through literature reviews and in-depth interviews with police personnel directly involved in handling narcotics cases. The findings reveal that the police play a multifaceted role, including repressive functions through investigation and law enforcement, as well as preventive and rehabilitative roles through public education, community engagement, and cross-sector collaboration. The strategies employed encompass both penal and non-penal approaches, leveraging information technology through digital reporting systems, online education, and data-driven mapping of high-risk narcotics areas. However, the effectiveness of these efforts faces several challenges, such as limited personnel, unequal access to technological infrastructure, and insufficient community participation. The study concludes that the success of law enforcement in combating narcotics crimes is highly dependent on the synergy between legal regulations, the professionalism of law enforcement officers, adequate facilities and infrastructure, and the strengthening of public legal awareness. These findings are expected to contribute both academically and practically to enhancing the effectiveness of narcotics law enforcement at the local level.
Psychological Recovery of Crime Victims within Contemporary Restorative Justice: An Islamic Legal Perspective Nur Azisa; Audyna Mayasari Muin; M. Aris Munandar; Muhammad Mutawalli Mukhlis; Aspalella A. Rahman
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11184

Abstract

This article examines the implementation of Restorative Justice (RJ) in Indonesia, focusing on its effectiveness in addressing victims' psychological recovery. Although RJ has been formally incorporated into national regulations, including Supreme Court Regulation (Perma) No. 1 of 2024 and Prosecutor's Regulation No. 15 of 2020, its practical application often prioritises procedural settlement over substantive victim healing. This study employs normative legal research, combining legislative, case, and conceptual approaches, to analyse RJ's legal framework and the structural barriers to its implementation. The findings identify several persistent challenges: the absence of mandatory psychological assessments, limited involvement of mental health professionals, weak post-mediation monitoring, and socio-cultural factors such as victim blaming and third-party interference. These obstacles undermine voluntariness, reduce effectiveness, and prevent RJ from fulfilling its intended role in safeguarding victims' rights and recovery. This study contributes to the literature by emphasising the urgent need to integrate psychological recovery mechanisms into RJ practices, supported by stronger legal provisions and institutional innovations. Policy recommendations include revising victim protection regulations, incorporating professional psychological support, and establishing specialised recovery centres. In this way, RJ can be repositioned as a mechanism for dispute resolution and a comprehensive, victim-centred framework for achieving substantive justice in Indonesia.  
Senjata Api sebagai Mas Kawin Pada Masyarakat Adat di Pegunungan Arfak Papua Barat Caprina, Decyana; Saleng, Abrar; Azisa, Nur
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4125

Abstract

This study aims to analyze the validity of firearms as dowry and the legal consequences arising from the existence of Papuan customary law in the Arfak Mountains of West Papua. This research is a normative-empirical research with a statutory approach and a legal sociology approach. The types and sources of law used in this research are primary data sourced from observation, interviews, and documentation, as well as secondary data derived from literature. Furthermore, the collected data is analyzed with qualitative description.  The results showed that: (1) the validity or legality of firearms as a dowry does not apply to the marriage of the mountain people of the Arfak tribe. This is because firearms can only be owned by law enforcement officers and security forces who have permission to use firearms; (2) the legal consequences of the enactment of Arfak tribal customs regarding the provision of firearms as dowry are considered valid because firearms are only a symbol in the customs of indigenous tribes and are considered to have historical values that have been passed down from generation to generation, and are not an aspect that cancels a marriage.
Empowering SDG 16: Electronics-Based Criminal Law Policy to Combat Sexual Violence in Indonesia Maskun, Maskun; Azisa, Nur; Munandar, M. Aris; Mirzana, Hijrah Adhyanti; Ab Rahman, Nurul Hidayat; Normiati, Normiati; Iskandar, Ismail; Mutawalli, Muhammad
Jurnal Hukum Novelty Vol. 14 No. 2 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i2.a26968

Abstract

Introduction to The Problem: Increasing cases of sexual violence, particularly against women, heighten concerns, prompting this group to be vigilant in self-protection. The lack of clarity on electronic-based sexual violence in the TPKS Law may lead to varied interpretations among law enforcement agencies. A normative study is crucial to discern the legislative intent and rationale, ensuring inclusion of these provisions in the TPKS Law. An ideal electronic-based criminal law policy is needed to universally safeguard victims, aligning with the principles of human dignity outlined in SDG 16 of the Global Agenda 2030.Purpose/Objective Study: This investigation sought to delineate the contours of Indonesia's legislative framework pertaining to electronic-based sexual violence within the ambit of criminal law policy. The significance of this inquiry lies in its inherent alignment with and contribution to the realization of Sustainable Development Goal 16, which fundamentally advocates for the promotion of peace, justice, and the fortification of robust institutional frameworks.Design/Methodology/Approach: The research method used is normative legal research with a statutory approach and qualitative analysis.Findings: Law Number 12 of 2022 addresses electronic-based sexual violence in Article 14(1) (a) and (b) but presents drawbacks, particularly concerning consensual consent. Recommending amendments to these articles is crucial to avoid discord with other regulations, striving for an optimal criminal law policy in Indonesia. Legal reforms should consider societal issues and contribute to effective law enforcement. Electronic-based sexual violence legislation must align with both expectations and realities, acknowledging the severity of the offense as a violation of human rights and a significant criminal act under SDG 16. The Indonesian government must establish and enforce laws to combat this activity, crucial for achieving SDG 16. Proposed amendments include introducing supplementary penalties, like revoking access rights to electronic media, to deter offenders.Paper Type: Research Article