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All Journal Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Abdul Ficar Hadjar
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

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PENERAPAN KETENTUAN TENTANG RESTORATIVE JUSTICE PADA TINDAK PIDANA KEKERAASAN DALAM RUMAH TANGGA (STUDI PUTUSAN NO 56/PID.SUS/PN BDW): Implementation Of Restorative Justice Provisions In Cases Of Domestic Violence Crimes (Verdict Study No56/Pid.Sus/PNBdw) Vinsky Nayla Chairunnisa Siregar; Abdul Ficar Hadjar
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23004

Abstract

Restorative Justice is an alternative method for resolving criminal acts, including complaint offenses as seen in Decision No. 56/PidSus/2020/PN BDW. The identification of the problem in this research is whether the application of Restorative Justice in cases of domestic violence complies with Law No. 23 of 2004 and whether the judge's decision aligns with the applicable laws. The research was conducted using a normative, descriptive-analytical approach, utilizing secondary data. Based on the research results and conclusions, it is concluded that the application of restorative justice in this case follows the mechanism regulated in the Director General of General Courts Decree No.1691/DJU/SK/PS.00/12/2020. Although a peace agreement and withdrawal of complaints occurred, this does not eliminate the criminal liability of the defendant. The judge also decided that the defendant does not need to serve a prison sentence. However, the researcher suggests that peace in the concept of restorative justice should not only function as a mitigating factor but also as a reason to abolish punishment and regulate the legal settlement of domestic violence criminal cases more clearly. If domestic violence cases do not meet the criteria for restorative justice, the formalistic criminal justice system may be applied.
KEBERADAAN KETERANGAN HASIL DARI LIE DETECTOR SEBAGAI ALAT BUKTI DALAM PEMERIKSAAN TINDAK PIDANA PEMBUNUHAN BERENCANA ALM. NOFRIANSYAH YOSUA HUTABARAT (STUDI PUTUSAN NO. 796/PID.B/2022/PN JKT.SEL): The Existence Of Information Result From The Lie Detector As Evidence In The Examination Of The Crime Of Premeditated Murder Of The Late Nofriansyah Yosua Hutabarat (Study Of Decision No. 796/Pid.B/2022/Pn Jkt.Sel)) Allesandro Nesta Mahat; Abdul Ficar Hadjar
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.25017

Abstract

Legal ambiguity can be caused by the limitations and breadth of evidence that is not covered by Law Number 8 of 1981 (KUHAP). The use of a lie detector as an investigator's instrument can assist the investigator in guiding further investigation or determining the direction of the investigation. The identification of the problem that the author discusses in this thesis is whether the results of the lie detector are in accordance with the Criminal Procedure Code and what are the legal consequences of the lie detector results. The method of writing that the author uses is normative legal, the nature of descriptive writing, the type of data using secondary data, and the conclusion is drawn by deductive logic. There are different interpretations regarding the use of Lie Detector in Decision No. 796/Pid.B/PN.Jkt.Sel in proving criminal cases. Some parties argue that Lie Detector is evidence, while others argue that Lie Detector is evidence. However, from the perspective of legal experts, Lie Detector is only considered as an instrument or tool to assist investigators in uncovering criminal acts and providing more detailed clarification. The use of Lie Detector is still a controversy.
Co-Authors Ade Putri Agustini Allesandro Nesta Mahat Calvino Endryan Chelsy Tamara Siahaan Jihan Sukmawati Daratu Johannes Agustinus Riady Nanda Harwijaya Arsy Rizqi Maharani Ginting Vinsky Nayla Chairunnisa Siregar