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All Journal AL-Daulah LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum JUSTITIA JURNAL HUKUM Journal of Education, Humaniora and Social Sciences (JEHSS) JURNAL HUKUM dan KENOTARIATAN PERSPEKTIF JUSTISI Journal of Law and Policy Transformation NEGARA DAN KEADILAN JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Business, Law, and Education International Journal of Social Service and Research INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Law Development Journal Jurnal Locus Penelitian dan Pengabdian Hang Tuah Law Journal Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Bulletin of Indonesian Islamic Studies Journal of Global Pharma Technology Vokatek : Jurnal Pengabdian Masyarakat International Significance of Notary Open Access DRIVERset
Mohammad Muhibbin
Universitas Islam Malang
Religion Aerospace Engineering Arts Humanities Automotive Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Neuroscience Public Health Social Sciences Other

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Detention Of Suspects Under The Indonesian Criminal Law Anzhari, Anzhari; Sunardi, Sunardi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.56

Abstract

The research aims to describe the provisions of Indonesian criminal law regarding the detention of suspects and to analyze the legal protection of suspects during detention in terms of Indonesian criminal law. This research is a normative legal research, which examines laws and regulations in a coherent legal system and legal values ??related to the detention of suspects in the study of Indonesian criminal law. The results of the study show that the provisions for detaining suspects are regulated in Article 1 point 21 of the Criminal Procedure Code of Criminal Procedure. While in detention, suspects can exercise their rights in accordance with articles 50 to 68 of the Criminal Procedure Code (KUHAP).l protection is always associated with the concept of rechtstaat or the concept of the Rule of Law because the birth of these concepts cannot be separated from the desire to provide recognition and protection of human rights. A suspect has rights at the time of detention that are guaranteed by law, such as the right to receive and read a Detention Warrant or a Judge's Order which lists the identity of the suspect or defendant and states the reasons for the detention and a brief description of the crime case being suspected or charged and the place where he is being detained in accordance with Article 21 paragraph (2) Criminal Procedure Code.
Granting Of Criminal Sanctions Against Children Consumpting Narcotics Ediwan, Elche Angelina; Parmono, Budi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.57

Abstract

This research aims to describe the regulation of Narcotics criminal acts according to positive law in Indonesia and those responsible for criminal sanctions against children who use Narcotics according to Law Number 35 of 2009 concerning Narcotics’ This research is normative legal research, descriptive in nature, statutory approach, consisting of primary, secondary and tertiary legal materials. Qualitative analysis is carried out systematically in order to get answers to problems. The results of the study stated that the regulation of narcotics crimes began with Law No. 9 of 1976 which prohibited the manufacture, storage, distribution and use of narcotics. Then Law No. 22 of 1997 with a wider scope, the criminal threat is made worse in the form of the death penalty. Then Law no. 35 of 2009, prohibits possessing, storing, controlling or providing Narcotics and Narcotics Precursors; the act of producing, importing, exporting, or releasing Narcotics and Narcotics precursor; acts in the form of offering to sell, sell, buy, receive, become an intermediary in buying and selling, exchanging, or handing over Narcotics and Narcotics precursors; and acts in the form of bringing, sending, transporting or transiting Narcotics and precursors. Criminal sanctions for children who use Narcotics are regulated in Law No. 3 of 1997 concerning Juvenile Courts and Law No. 35. Children who commit Narcotics crimes can be sentenced under Article 127 of Law No. 35 of 2009 in conjunction with Article 22 of Law No. 3 of 1997 amended to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. Prison sentence that can be written off for Narcotics children is no longer than ½ (one half) of the maximum prison sentence for adults.
Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment Chaidir, Noor; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.58

Abstract

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches. The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law. The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations.
Sexual Violence Against Children And Criminal Sanctions Towards Actors Based On The System Of Indonesian Law Monikasari, Shandra; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.60

Abstract

This study aims to describe how the criminal law regulates sexual violence in Indonesian positive law and to analyze how criminal sanctions for perpetrators of sexual violence against biological children are in Indonesian positive law. This research was conducted using normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with a qualitative descriptive research analysis.The results of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), the Human Rights Law Number 39 of 1999, the Elimination of Domestic Violence Law Number 23 of 2004. And specifically against children as victims regulated in Law Number 35 of 2014 concerning Amendments to Law number 23 of 2002 concerning Child Protection. The results of other studies state that criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). Parents, guardians, caregivers of children, educators, or educational staff, then the penalty is added to 1/3 (one third) of the criminal threat as referred to in paragraph (1).
Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia Rosadi, Herry; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.92

Abstract

The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.
Juridical Analysis Of Doctors' Responsibilities For Malpractic Action Fernandez, M. Rizky; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.97

Abstract

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.
Dialectical Intersections of Islamic Legal Normativity and Local Wisdom in the Construction of Ihdād Practices Soim, Soim; Muhibbin, Moh.; Jannah, Shofiatul
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 15 No. 1 (2026)
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/lg.v15i1.32104

Abstract

This research aims to analyze the implementation of ihdad practices in Separah Village, Bangkalan, within the framework of Islamic law and its interaction with local culture ('urf). The main focus of the study is to examine the extent to which customary norms dominate the implementation of ihdad and how this influences religious understanding, gender justice, and the literacy of widowed women in traditional society regarding women's jurisprudence. The method used is a qualitative, case-study approach. Data was obtained through in-depth interviews with widows, religious figures, and village officials, as well as participant observation of social practices related to ihdad. The analysis was conducted descriptively-interpretatively, using data reduction, categorization, and narrative interpretation to uncover the cultural and legal meanings present in the practice. The research results indicate that the implementation of ihdad is more controlled by customary norms than by religious understanding. Women's fiqh literacy is considered low, and the role of religious figures tends to be passive. Ihdad is understood as a social obligation, not merely a spiritual act of worship, thus becoming an instrument of control over women. This research recommends Islamic legal education based on local culture as a solution.
The Effectiveness of SEMA Number 3 of 2018 in Strengthening the Legal Protection of Iddah and Mut'ah Alimony Claims for Divorced Widows (Study of Decision Number 238/Pdt.G/2024/PA. Mn) Agus Widyanto; Mohammad Muhibbin; Diyan Isnaeni
Vokatek: Jurnal Pengabdian Masyarakat Volume 4: Issue 2 (Agustus 2026)
Publisher : Sakura Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61255/vokatek.v4i2.1602

Abstract

This study examines the role of Supreme Court Circular Letter Number 3 of 2018 in protecting a wife’s rights to iddah and mut’ah maintenance in wife-initiated divorce, with particular reference to Decision Number 238/Pdt.G/2024/PA.Mn. This study employed doctrinal legal research using statutory and case approaches. The primary legal materials included Decision Number 238/Pdt.G/2024/PA.Mn, Law Number 1 of 1974 as amended by Law Number 16 of 2019, the Compilation of Islamic Law, Supreme Court Regulation Number 3 of 2017, and Supreme Court Circular Letter Number 3 of 2018. Secondary legal materials consisted of relevant books and scholarly articles. The legal materials were analysed through legal interpretation and content analysis, focusing on the recognition of post-divorce rights, the application of the Circular Letter in judicial reasoning, the proportionality of the awarded maintenance, and the enforceability of the judgment. The findings show that the court explicitly relied on Supreme Court Circular Letter Number 3 of 2018 after finding insufficient evidence that the plaintiff had committed nusyuz. The court awarded IDR 7,500,000 in iddah maintenance and IDR 16,000,000 in mut’ah. These findings demonstrate normative recognition and adjudicative protection of women’s post-divorce economic rights. However, enforcement-level effectiveness could not be established because no verified evidence of actual payment or execution was available. Therefore, the Circular Letter functions as an interpretive judicial guideline, although its broader effectiveness cannot be generalised from a single decision.
Pertanggungjawaban Pemerintah Desa terhadap Anggaran Dana Desa yang Tidak Terserap dalam Pembangunan Syaiful Bahri; Mohammad Muhibbin; Suratman Suratman
JURNAL USM LAW REVIEW Vol. 7 No. 1 (2024): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i1.8369

Abstract

This research aims to find out the form of responsibility of the government of Tlontoraja Village, Pasean District, and Pampekasan District for the village funds that are not absorbed by the village development program. The maintenance of government authority through the authority of the government at the village level is charged by APBDes. The flow of village funds in Tlontoraja village obtains funding that comes from the village's original income. Details of the financial value of the village are channeled, among other things, in the amount of 40% for direct cash aid from the country's funds, 20% for food resilience, 1.5% for disaster management, and the rest for material development. The application procedure for the liquidation of village funds is divided into four stages, i.e., 30% for each stage, starting from stages I–IV. At each stage of such liquidation, the mechanism requires the form of accountability of the relevant village government. The method used in this research is based on a sociological, juris-empirical approach. The data collection technique is done using the interview technique. The results of the analysis show that if there is a budget that does not absorb the development of the village, then it should be channeled to the Silpa Fund. The research also does not show any misuse of the village budget funds by the Tlontoraja Village Government.Penelitian ini bertujuan untuk mengetahui bentuk pertanggungjawaban Pemerintah Desa Tlontoraja, Kec. Pasean, Kab. Pamekasan terhadap dana desa yang tidak terserap oleh program pembangunan desa. Penyelenggaraan wewenang pemerintahan melalui kewenangan pemerintah setingkat desa mendapat biaya dari APBDes. Aliran anggaran dana desa di Desa Tlontoraja memperoleh pendanaan yang bersumber dari pendapatan asli desaPerincian nilai keuangan desa yang disalurkan, antara lain, sebesar 40% untuk bantuan langsung tunai dana desa, 20% untuk ketahanan pangan, 1,5% untuk penanggulangan bencana, dan selebihnya untuk pembangunan bersifat material. Prosedur permohonan untuk pencairan dana desa dibagi dalam empat tahap, yaitu sebesar 30% untuk masing-masing tahap mulai dari tahap I – IV. Pada tiap-tiap tahapan pencairan tersebut, mekanisme mewajibkan bentuk pertanggungjawaban dari pemerintah desa terkait. Metode yang digunakan dalam penelitian ini adalah yuridis-empiris berbasis pendekatan yuridis sosiologis. Teknik pengumpulan data dilakukan dengan teknik wawancara. Hasil pengkajian menunjukkan bahwa jika terdapat anggaran yang tidak terserap pembangunan desa maka harus disalurkan ke dana Silpa. Hasl penelitian juga tidak menunjukkan adanya penyalahgunaan anggaran dana desa disalahgunakan oleh Pemerintah Desa Tlontoraja.
Co-Authors Abdul Rokhim Achmad Eka Yougi Ardata Agus Widyanto Amar, Gays Anastacio Mendonça Ansyah, Yudi Anzhari, Anzhari Arthawidjaja, I Gusti Lanang Asyhari, Syahrullah Budi Parmono Budi Parmono Chaidir, Noor Diyan Isnaeni Ediwan, Elche Angelina Fahrizen Fahrizen Falah Ilmania, Nurika Fernandez, M. Rizky Firman Adiansyah Hanafi Arief Hasan Basri Holil Holil Ike Yuvayanti Isnaeni, Diyan Jamburi, Ahmat Jaya, Hendro Kusuma Kilihu, Lia Rosa Fauziah Kurniawan, Rudi Eko Limsira, Patthara Mat Hasan Misranto Monikasari, Shandra Mursid Mursid Mustajib, Mustajib Muzizat, Luluk Kamim Nofi Sri Utami Nur Azizy, Ahmad Nur Hasan Parmono, Budi Prananto, Iksan Prasetiawan, Andik Prasnada, Famda Egga Pratiwi Wiranita, Indriet Rahmat, Fabitul Rahmatul Hidayati Rifatun Nuriyah Rokhim , Abdul Rosadi, Herry Ruwiyono, Ruwiyono Shofiatul Jannah Simonda, Paulus Kostan Soim, Soim Subandi Subandi Sumarto, Mufti Eky Juliansyah Sunardi Sunardi Sunardi Supaat, Joko Suratman Suratman Suratman Suratman Syaiful Bahri Syamsu Madyan Umar Sahid Sugiharto Umar Said Sugiharto Wanura, Gabriel Ibrizul Wibawa, G.M. Angga Satrya Wicaksono, Moch.Yuris Wulan, I Gusti Kencana