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Mewujudkan Bantuan Hukum Bagi Terdakwa Kasus Narkotika di Rumah Tahanan Negara Kelas IIb Boyolali Kurnianingsih, Marisa; Iksan, Muchamad; Wibisono, Fiqkri Akbar; Anastasya, Dita Nadya; Moestofa, Yoesoef
Educommunity Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2024)
Publisher : CV. Edutechnium Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71365/ejpm.v2i2.71

Abstract

This legal counseling aims to understand the preparation and implementation process carried out by legal advisors from BKBH, Universitas Muhammadiyah Surakarta. Before trial assistance, there is a preparation process that includes the defendant's rights, which are fundamental principles in the legal system. These principles aim to protect the defendant's human rights and ensure that the judicial process runs fairly. Several rights of the defendant, generally recognized and guaranteed by various legal systems, including criminal law, are the right to legal assistance, the right to a prompt trial, the right to present witnesses, the right not to bear the burden of evidence, the right to a public trial, and the right to assistance from an interpreter if they do not understand the Indonesian language. The process and stages of trial assistance for narcotics abuse cases involving prison inmates at Class IIB Boyolali State Detention Center, who are about to or are currently being tried in Boyolali District Court, go through several steps. These begin with the reading of the indictment and conclude with the final verdict. The trial stage is crucial in the criminal justice process, where all evidence will be examined publicly. This community assistance provides education related to the defendant's rights in narcotics cases at Boyolali District Court and emphasizes the importance of the legal advisor's role in ensuring that the defendant's rights are fulfilled during the trial process.
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.
COMPARATIVE STUDY OF WATER CONTENT AND SENSORY QUALITY OF SALTED LEMURU FISH (Sardinella lemuru) WITH DIFFERENT SALTING METHODS Dewi, Resti Nurmala; Iksan, Muhammad
Chanos Chanos Vol 23, No 2 (2025): CHANOS CHANOS
Publisher : Politeknik Kelautan dan Perikanan Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15578/chanos.v23i2.18382

Abstract

Salting is one of the most widely used traditional preservation methods for producing salted fish, including lemuru (Sardinella lemuru). However, scientific information regarding the effect of different salting techniques on the water content and sensory characteristics of salted lemuru remains limited. This study aims to compare the water content and sensory quality of salted lemuru processed using wet salting (50% and 100%) and dry salting (5% and 10%) with different drying durations (5, 7, and 9 hours). The production process followed the Indonesian National Standard SNI 8273:2023, while moisture analysis referred to SNI 2354.2:2015. Sensory evaluation was conducted by 30 untrained panelists assessing appearance, odor, and texture. Results showed that dry salting produced lower moisture content (7.22-8.27%) compared to wet salting (9.52-11.41%). In contrast, the highest appearance and texture sensory scores were obtained from wet salting, particularly treatment B100-9 (score 8.60), whereas dry salting with high salt concentration and prolonged drying (K10-9) resulted in decreased texture and odor quality due to excessive dehydration. Overall, the findings confirm that salting method significantly affects the final quality of salted lemuru, and wet salting with an optimal salt concentration provides the best balance between moisture reduction and desirable sensory characteristics.
Execution Of Court Decisions In The Form Of Confirmation Of Narcotics Evidence For The State (Case Study Of Execution Of Decision No 39/Pid.Sus/2020/PN, BYL) Oki Suwandi; Natangsa Surbakti; Muchamad Iksan
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 8 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i8.684

Abstract

This research examines the perspective on the execution of court decisions on narcotics evidence confiscated for the state. The purpose of this study is to find out the implementation of the execution of seized narcotics evidence for the State in terms of criminal law and Narcotics Law. The research uses empirical and juridical approach methods. The execution of the court's decision on narcotics evidence is contained in ruling No. 39/Pid.Sus/2020/PN.BYL stated that the narcotics evidence seized is for the state. The destruction of evidence of narcotics is regulated in Law Number 35 of 2009 concerning Narcotics, and the Attorney General's decision number: KEP-089/J.A/1988 concerning Settlement of Confiscated Goods in Articles 12 to 14. The results of this study show how the mechanism for completing the process of confiscation of seized narcotics evidence for the state is viewed from the perspective of criminal law. This researcher wants to explain what is the mechanism for implementing criminal case decisions regarding seized narcotic evidence for the State. Judging from the importance of destroying narcotics confiscated goods, it is necessary to know the procedure for destroying narcotics confiscated goods so that they are more in line with the procedures described in the law. As stated that the purpose of administering criminal procedural law in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is to achieve and obtain or at least approach material truth (substantial truth) namely the complete truth of a criminal incident by applying the provisions of criminal procedure law honestly and appropriately.
Implementation Of Fulfillment Of Children's Rights And Protection At The Child-Friendly School Of Sd Muhammadiyah 1 Ngawi Shofiana Eka Aulia; Muchamad Iksan; 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) Romli Mukayatsyah; Natangsa Surbakti; Muchamad Iksan
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
The Relevance of Judicial Beliefs in the Negative Proof System of Article 183 of the Criminal Procedure Code: Analysis of Surabaya District Court Decision Number 454/Pid.B/2024/Pn.Sby: Relevansi Keyakinan Hakim dalam Sistem Pembuktian Negatif Pasal 183 KUHAP: Analisis Putusan Pengadilan Negeri Surabaya Nomor 454/Pid.B/2024/Pn.Sby Ahmad Bagus Aditia; Muchamad Iksan
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12995

Abstract

General Background: Judicial conviction is a central component of Indonesia’s criminal justice system, which adopts the negative proof theory under Article 183 KUHAP. Specific Background: Growing discrepancies between judicial conviction and legally valid evidence, illustrated by Surabaya District Court Decision Number 454/Pid.B/2024/PN.Sby, have raised concerns regarding doctrinal consistency and judicial practice. Knowledge Gap: Limited studies integrate normative analysis, case-based evaluation, and Islamic legal perspectives to define the boundaries of judicial conviction. Aims: This study examines the relevance and limitations of judicial conviction within the negative proof model and assesses its application in the referenced court decision, complemented by Islamic jurisprudential insights. Results: Findings indicate that although the negative proof system remains normatively sound, judicial practice reveals deviations when conviction becomes overly subjective and insufficiently grounded in evidence; Islamic law emphasizes that judicial belief must be based on proof and moral accountability. Novelty: This research offers an integrative framework combining normative doctrine, case analysis, and Islamic legal principles to reinterpret the objective limits of judicial conviction. Implications: Strengthening objective standards, judicial integrity, and ethical safeguards is necessary to ensure proper application of Article 183 KUHAP and to restore public trust in judicial institutions. Highlights: The negative proof system requires judicial conviction to be firmly grounded in valid evidence. The Surabaya court case illustrates how subjective conviction can distort legal reasoning. Islamic legal principles reinforce the need for moral accountability in judicial decision-making. Keywords: Judicial Conviction, Negative Proof Theory, Article 183 KUHAP, Judicial Integrity, Islamic Legal Perspective
A CRITICAL STUDY OF THE IMPLEMENTATION OF DIVERSION IN RESOLUTION OF ARCHERY-RELATED CRIMES WITH CHILD OFFENDERS AT BIMA POLICE Nur Ilmi Putri Febriyanti; Muchamad Iksan; Kuswardani
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 16 No. 1 (2026)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v16i1.48515

Abstract

This writing aims to find out the application of diversion by investigators of diversion by resort police Bima city to archery-related crimes with child actors. The approach used by the author in this research is a case approach and a social legal approach with the type of empirical legal research.  Types and sources of data used are primary data and secondary data. The results of research on the application of diversion by Bima City Police investigators on archery-related crimes with child offenders can be successfully carried out if there is an agreement in deliberation between the victims, perpetrators and related parties. The factors causing the failure of diversion by investigators from resort police Bima city are due to the lack of understanding of the victim and the paradigmatic hegemony that occurs in the community who think that the appropriate place for children who are in conflict with the law is prison to provide a deterrent effect so that children do not repeat the same actions.
Perlindungan Hukum terhadap Anak sebagai Pelaku Penyalahgunaan Narkotika melalui Media Digital: Studi Kompratif Hukum Islam dan Hukum Positif Indonesia Yusril Aulia Patra; Muchamad Iksan; Wardah Yuspin
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/c43fza62

Abstract

Drug abuse by children is now developing through new patterns based on digital technology, such as transactions via social media, encrypted communication, and the influence of online social media. This situation places children in two positions simultaneously: as perpetrators of drug abuse and as victims of telematic crimes that exploit their vulnerability. This article analyzes the legal protection of children as perpetrators of drug abuse through digital media using a comparative approach between Islamic law and Indonesian positive law. Using a normative juridical method, this study finds that Islamic law emphasizes the protection of the soul and mind through the maqashid sharia, so that moral rehabilitation and spiritual development are priorities in child care. Meanwhile, Indonesian positive law, through the SPPA Law and the Narcotics Law, positions children as parties who must be protected with a rehabilitative and restorative justice approach, including when drug abuse is carried out through electronic means. The results of the study indicate that the development of telematic modes in drug abuse requires stronger harmonization between Islamic legal values and national regulations to provide comprehensive protection for children amid the rapid threat of digital crime against the younger generation.
Implementation of Protection for Child Victims of Sexual Violence in the City of Surakarta Aldi Setiawan; Muchamad Iksan
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of writing research using empirical juridical methods is to find out the types of sexual violence, its implementation and also the constraints and efforts on children that occur in the city of Surakarta. The juridical method is by examining secondary data. The results of this study are that there are 15 types of cases of sexual violence against children with domestic violence at their peak with the implementation of legal protection based on the law and under the auspices of the apparatus and related agencies. The difficulty of finding witnesses for the protection of victims of child abuse is an obstacle for the parties involved. Efforts that can be made in this regard development of a model for handling child victims of sexual violence based on local wisdom values in Surakarta, namely trauma healing and family healing as a means of releasing the burden resulting from the presence of victims of sexual violence.
Co-Authors Abdul Pirol Afifa, Nur Ahmad Bagus Aditia Aidul Fitriciada Azhari Alam, Samsu Aldi Setiawan Alfath Sartanto Alwi Alwi Amalia Yahya, Amalia Anastasya, Dita Nadya Andi Sadapotto Andria Luhur Prakoso Angga Maghrifin Suryanto Anwar, Lestari Aristya Windiana Pamuncak Ashylla Zabrina Dipayanti Aziza Azra Larissa Baderiah Baderiah Bahari, Roni Bayu Nito Ilham Satria Bayu Setiajit, Sahid Cahya Handy Saputra Cahyo Kuntoro Desak Nyoman Darmayanti Dewi Yusmananda, Putri Diana Setiawati Dipayanti, Ashylla Zabrina Diyah Murti Hastuti Dodi Ilham Efendi, Erwatul Fahlia, Fahlia Fahmi Fairuzzaman Fajar Syarif Febriani, Hanifah Furwana, Dewi Gilang Rahmat Allam Gunarto Nanang Prabowo Haekal Abdatamma Ramadhan Hananto, Avip Rusdi Hartanto Hasan Hasan Hilal Mahmud, Hilal husnaini, husnaini Husni Akhmad Husein Ibrahim Nurrohman Ida Ayu Putu Sri Widnyani Indra Permana, Indra Jasmine Maulana Kuntoro, Cahyo Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani Kuswardani, Kuswardani Madehang, Madehang Marisa Kunianingsih Marisa Kurnianingsih Moestofa, Yoesoef Muhammad Hanafi Mukh Nursikin, Mukh Natangsa Surbakti Nur Ilmi Putri Febriyanti Nur ilmi putri febriyanti Nurlina Afifah Litti Nurul Fatimah Az Zahro Oki Suwandi Pambudi, Rizal Peggy Dian Septi Nur Angraini Puji Muniarty Rafi Arnanda Faturohman Resti Nurmala Dewi Riza Arif Pratama Rizal Pambudi Rizal Pambudi Rizka Romli Mukayatsyah Rosmita Rosmita, Rosmita Sahril Nur Salazar, Ramonita A Saputra, Cahya Handy Saputri, Irwinda Mutiara Sari, Winda Permata Sartanto, Alfath Shabrial Aura Putra Shofiana Eka Aulia Shofiana Eka Aulia Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Subeno, Handoyo Sudaryono Sudaryono Sudaryono Sudaryono Suharli, Suharli Sukmawati Tono Palangngan, Sukmawati Tono Syaifuddin Zuhdi Taufik Hidayat Teguh Prasetya Wardah Yuspin Wibisono, Fiqkri Akbar Wildan Alfa Sina Winda Permata Sari Wiwin Wiwin, Wiwin Yusril Aulia Patra Zainuddin, Andi Husni A. Zuhdi, Syaifudin