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All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam JOURNAL of LEGAL RESEARCH
Alfitra Alfitra
UIN Syarif Hidayatullah Jakarta
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan secara Bersama-Sama; Analisis Putusas Nomor 143/Pid.B/2015/PN.Dmk Chairunisa Chairunisa; Alfitra Alfitra; Mara Sutan Rambe
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20508

Abstract

The main issue in this study is the judge's inaccuracy in imposing criminal punishment on the perpetrator in a theft case using the weighting of Decision Number 143 / Pid.B / 2015 / PN.Dmk. In Decision Number 143 / Pid.B / 2015 / PN.Dmk, the study aims to identify and analyze the factors behind the occurrence of theft with weighting and consideration of the Judge in imposing crimes against the perpetrators. The findings of this study indicate that the factors underlying the occurrence of criminal acts of theft with weighting in the decision Number 143 / Pid.B / 2015 / PN.Dmk by AD as the perpetrator participated in committing theft with weight, namely economic factors because he was the backbone of the family and had to meet the necessities of life for himself and his family. Then, because all the elements in the primair indictment had been fulfilled, the Judge sentenced the perpetrator to the first charge, namely the perpetrator violating Article 363 Paragraph (1) 3rd, 4th, and 5th of the Criminal Code. The judge has made the right decision, namely trying the perpetrator with a criminal act of theft in burdensome circumstances, but the sentence handed down by the Judge is very minimal and lower than what is demanded by the Public Prosecutor because the perpetrator before committing the crime of theft with weight has just left the Penitentiary (Lapas) with embezzlement cases in Decision Number 133 / Pid.B / 2014 / PN.Pti and have already been convicted. Therefore, the sentence given to the perpetrator is not proportional to what he has done and the judge should also consider the impact and harm caused to the victim as a result of the perpetrator's actions.
MOVING STATUS OF CITIZENSHIP AS A FORM OF CRISIS OF INDONESIAN MUSLIM EMPLOYMENT IN MALAYSIA Alfitra Alfitra
istinbath Vol. 21 No. 1 (2022): Juni 2022
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v21i1.493

Abstract

As citizens and society, every Indonesian citizen has the same position, rights, and obligations, that everyone is guaranteed the right to obtain citizenship status, to avoid the possibility of statelessness. While at the same time, every country must not allow its citizens have two citizenship status at once. Many Indonesian Muslim workers have moved their citizenship status to become Malaysian citizens. From this background, this study aims to identify and understand the policies that can be implemented by the two countries. This research is normative legal research using secondary data sources in the form of primary, secondary, and tertiary legal materials. Legal materials are obtained through documents or literature studies. While the approach used is the approach of legislation, history, and. The legal materials that have been collected are analyzed qualitatively, comprehensively, and completely. From the analysis conducted, three conclusions were obtained. The First, the factors that cause displacement, the citizenship status experienced by Indonesian citizens who have lived, and lived for decades in Malaysia is a form of a national identity crisis. The Second, laws and regulations that apply in Indonesia and Malaysia can also trigger the acceleration of becoming Malaysian citizens, so it can be concluded that the regulations made by the two countries also have a role in the transfer of Indonesian citizens to become Malaysian citizens. Third Impact for the two countries on the prevalence of the phenomenon of changing the status of citizens of Muslim Workers in Malaysia. Both Indonesia and Malaysia experience either negative or positive impacts on the migration of Indonesian citizens to Malaysia as follows: there are several positive and negative impacts caused by the transfer of citizenship.
Co-Authors Chairunisa Chairunisa Mara Sutan Rambe