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All Journal WAJAH HUKUM Jurnal LEX SPECIALIS
Chairul Idrah
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Law, Crime, Criminology & Criminal Justice

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PENEGAKAN HUKUM DAN PERLINDUNGAN HAK-HAK TAHANAN Chairul Idrah
Jurnal LEX SPECIALIS No 15 (2012): Juni
Publisher : Jurnal LEX SPECIALIS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (91.813 KB)

Abstract

Abstract In the perspective of law, violations committed by someone the rights of others, can cause offense. In the case of an alleged violation of law has occurred, it is consistent with the mandate of Pancasila as the state that is the source of all sources of law, the right of a person suspected of committing an offense or the suspect must be protected, respected and fulfilled. Associated with respect for the rights of suspects or prisoners, it is necessary to put forward opinions expressed by Mardjono Reksodiputro that the primary purpose of law enforcement is the due process of law (due process of law), which includes the rights of suspects, defendants and prisoners protected and considered as part of the rights of citizens (civil rights), and because it's part of human rights. relating to arrest and detention, the Book of the Law of Criminal Procedure (Criminal Code) has set regulations on the arrest and detention, regulated in Article 16 and Article 31 of the Book of the Law of Criminal Procedure (Criminal Code). Today the fair and humane treatment in various fields of life especially in the criminal justice process is a concern as well as a demand and desire of the people, then all the resources and efforts will be made to get justice is very essential. Key Note : Law Enforcement, Protection of Rights
Penyelesaian Hukum Adat Terhadap Tindak Pidana Perzinaan Dalam Keluarga Di Kota Jambi Hidayat, Iman; Idrah, Chairul; Ambarini, Siti Nur
Wajah Hukum Vol 7, No 2 (2023): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i2.1300

Abstract

This article discusses the customary law resolution of the crime of adultery within the family in Jambi City, so that the aim is to analyze the problems encountered and efforts to overcome them. The approach used refers to the Socio Legal Research approach. The results of this research show that the resolution of cases of adultery in the family in Jambi City is carried out using customary criminal law which originates from the basis of Jambi customary law, namely by expulsion from the village. fruit and bushes are as sweet as can be. Then the perpetrator apologized for his actions and signed a peace agreement (Surat setih). The problems encountered were differences of opinion between the young people and the elders of Tengganai in traditional meetings in deciding sanctions for this case, adultery cases which were resolved by criminal law. Nationally, the legal process takes a long time and is expensive, causing a lot of suffering to the perpetrators, the community does not know much about the basics of Jambi Customary Law. Efforts to overcome the problems that occur include holding a personal approach from the young people with the elders of Tengganai to continue to enforce the existing criminal law, all parties discussing that customary criminal law is more appropriate than the national criminal law, providing outreach to the community so that they know the basis of Jambi customary law. The suggestion is to ensure that adultery does not occur in the family, namely providing religious counseling so that faith is strengthened rather than lust and basic counseling on Jambi customary law so that the public knows that customary criminal law can resolve cases of family adultery quickly, at an affordable cost, thus the existence of criminal law. Customs are valid and have permanent legal force.
Co-Authors Ambarini, Siti Nur Iman Hidayat