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Implementation Of Fulfillment Of Children's Rights And Protection At The Child-Friendly School Of Sd Muhammadiyah 1 Ngawi Eka Aulia, Shofiana; Iksan, Muchamad; Kuswardani, Kuswardani
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 9 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i9.723

Abstract

The purpose of writing is to find out what the implementation of the fulfillment of the right to justice and protection in SD Muhammadiyah 1 ngawi is like. This research uses a case study approach with the type of empirical juridical legal research. The school is a place for the implementation of the right to education of Indonesian citizens. The right to education is a constitutional mandate, and schools are also part of fulfilling children's rights based on Law Number 39 of 1999 concerning Human Rights and Law Number 23 of 2002 concerning Child Protection. Even so, cases of violence in the educational environment still occur frequently and tarnish the image of the world of education. Discrimination, bullying, and lack of protection for students are the main causes. The application of the right to justice and protection in schools can work well if all parties concerned are aware of the importance of these rights, especially in elementary schools. The child-friendly School Program involves 12 ministries, institutions, and foundations related to child welfare. The aim is to fulfill, guarantee, and protect children's rights, develop their interests, talents, and abilities, and prepare them to become an emotionally and spiritually intelligent generation
Review Of The Punishment Of Substitute Money And Its Consequences In The Criminal Act Of Corruption (Study Of Decision Number 51 / Pid. Sus-Tpk/2020/Pn. Smg) Mukayatsyah, Romli; Surbakti, Natangsa; Iksan, Muchamad
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 10 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i10.754

Abstract

Payment of substitute money is an additional crime imposed by the panel of judges to recover state financial losses, as in Decision Number 51/Pid.Sus-TPK/2020/PN. Smg. The verdict is interesting to examine, what is the result of the panel of judges imposing additional penalties in the payment of substitute money in accordance with the purpose of the law, as well as how the view according to Islam. The study aims to analyze the consequences of the panel of judges imposing an additional criminal judgment on the payment of substitute money in Decision Number 51/Pid.Sus- TPK/2020/PN. Smg and his views according to Islam. The research is normative legal research, with a statutory approach and a conceptual approach, legal materials in the form of primary, secondary, and non-legal, the object of research is Decision Number 51 / Pid.Sus-TPK / 2020 / PN. Smg. Techniques for collecting legal materials with literature studies, with deductive analysis methods. The results of the study, as a result of which the judge's consideration did not clearly outline the calculation of state money used by the convict, imperfect defects, and non-achievement of legal objectives. Additional penalties for payment of substitute money according to Islam can be imposed on the convict because the property of Allah SWT is a mandate that must be accounted for its use
Penyelesaian Perkara Pencurian dengan Pendekatan Keadilan Restoratif di Pengadilan Bahari, Roni; Surbakti, Natangsa; Iksan, Muchamad
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.461

Abstract

This research aims to understand how theft cases are resolved using the restorative justice approach in court. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that resolving theft cases with a restorative justice approach in court offers a new paradigm that not only focuses on applying retributive justice but prioritizes the processes of restoration and reconciliation between the Accused and the Victim. Through the implementation of Supreme Court Regulation Number 1 of 2024, the stages of case resolution with restorative justice from trial preparation to creating a restorative agreement ensure that the justice pursued is restorative. The effectiveness of this approach depends on the Victim’s willingness to forgive the Accused, the restoration of losses suffered by the Victim, and the Accused’s status as a non-recidivist. Therefore, it is recommended that Judges proactively facilitate dialogue between the Accused and the Victim and ensure that the restorative agreement adheres to the principles of proportionality and substantive justice. Public Prosecutors should more actively identify cases suitable for restorative resolution and prepare proof and physical evidence carefully to support the mediation process. The Accused and the Victim are encouraged to participate openly and honestly in mediation. In particular, The Victim needs encouragement to state their losses and needs clearly, and to consider the option of reconciliation as a step towards recovery. Finally, the community is expected better to understand the benefits and processes of restorative justice, thereby providing broader support for a criminal justice system oriented not only towards delivering retributive justice but also towards restoration and repairing social relationships in the future.