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All Journal Jurnal Ilmiah Mahasiswa Bidang Hukum Pidana Syiah Kuala Law Journal Journal of Contemporary Law Studies Kanun: Jurnal Ilmu Hukum
Nurhafifah Nurhafifah
Universitas Syiah Kuala
Humanities Law, Crime, Criminology & Criminal Justice

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Penjatuhan Pidana terhadap Anak Pelaku Tindak Pidana Narkotika (Kajian Putusan Nomor 118/Pid.B/2010/PN.TTN) Nurhafifah Nurhafifah; Yusnaiti Yusnaiti
Kanun Jurnal Ilmu Hukum Vol 14, No 3 (2012): Vol. 14, No. 3, (Desember, 2012)
Publisher : Universitas Syiah Kuala

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ABSTRACT: The Act Number 3, 1997 regarding Juvenile Court states that imprisonment and action are the punishments that can only be imposed for juvenile offenders. In the decision Number 118/Pid.B/2010/PN.TTN, the judges do not consider the imposition of punishments in accordance with Article 28 of the Act Number 3, 1997 stating that if the fine is not payable, it is replaced by obligatory working training, however the judge in its decision considers that if the fine is not payable, it is replaced by detention for 3 (three) months. In addition, the judge in its decision also doesnot provide report from resocialisation guide as it is obligatory to be considered by the judge in the decision and it is then against the law and the consequence of it is the nullification of the decision.     The Conviction of Juvenile Offenders in Narcotic Crime (A Case Study on Decicion Number 118/PID.B/2010/PN.TTN)
Pemenuhan Hak Korban Jarimah Menurut Qanun Nomor 16 Tahun 2014 Tentang Hukum Jinayat Airi Safrijal; Nurhafifah Nurhafifah; Nora Mia Azmi
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5499

Abstract

Restitution is a form of fulfillment of victims’ rights as part of uqubat aimed at protecting the interests of victims, particularly victims of rape crimes. This study aims to analyze the legal regulation of restitution for victims of rape under Aceh Qanun Number 6 of 2014 concerning Jinayat Law and Supreme Court Regulation Number 1 of 2022, as well as to examine the obstacles in fulfilling restitution rights for victims of criminal offenses. The research method employed is normative legal research using a library research approach by examining statutory regulations, legal doctrines, books, journals, and other relevant legal materials. The results of the study indicate that restitution for victims of rape has been normatively regulated in Aceh Qanun Number 6 of 2014 concerning Jinayat Law and Supreme Court Regulation Number 1 of 2022 concerning the Procedures for the Settlement of Applications and the Provision of Restitution and Compensation to Victims of Crimes. Restitution constitutes the right of the victim, the obligation of which is imposed on the perpetrator or the perpetrator’s parents and may be granted upon the victim’s request to the judge during court proceedings. However, the fulfillment of restitution rights faces obstacles, particularly the lack of awareness among victims, their families, and the community regarding the existence of restitution rights as regulated in the Qanun and the Supreme Court Regulation. Therefore, it is concluded that greater efforts are required from the government and relevant institutions to conduct legal socialization and enhance public awareness to ensure the effective fulfillment of restitution rights for victims of criminal offenses..
Co-Authors Airi Safrijal Ananda Desti Aqilla Anya Febby Mutia Cut Munawarah Fadila Jamiatul Husna Fruca Radinda M. Ricky Maulana Maryam Lamona Nida Fadhilla Nora Mia Azmi Rahmiati Rahmiati Ricky Alhuda Yusnaiti Yusnaiti