Claim Missing Document
Check
Articles

Conducting Court Proceedings in Contested Divorce Cases for Persons with Disabilities at Class 1a Malang Religious Court Kilihu, Lia Rosa Fauziah; Muhibbin, Moh.; Suratman, Suratman; Ilmania, Nurika Falah
JUSTISI Vol. 10 No. 2 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i2.3168

Abstract

People with disabilities often receive unequal treatment, especially in the justice process. People with disabilities have equal rights in everything, including the legal process. However, there are barriers for persons with disabilities in the Religious Court of Malang. The purpose of this writing is to find out the obstacles and efforts that occur to persons with disabilities during the legal process.  The research method used is empirical juridical, by conducting interviews or observations at the Malang Class 1A Religious Court.  In this study, it was found that the barriers to lawyering in the Malang Religious Court were insufficient facilities for persons with disabilities, such as the use of language in communication for persons with disabilities. The purpose of legal services for persons with disabilities when dealing with the law in the Religious Courts is to realize inclusive religious justice services. The obstacles in Religious Court of Malang continue to be pursued optimally and gradually by the Malang Religious Court through capacity building for human resources to understand disabilities within the scope of the court which is needed as part of excellent service, which aims to provide information and information to parties with disabilities without hesitation.
A COMPARATIVE STUDY ON UNDERSTANDING LEGAL LOOPHOLES IN LAW NUMBER 1 OF 2024 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS RELATED TO DEFAMATION Ali Al Hamid, Moch. Haidar; Suratman; Moh. Muhibbin
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.4332

Abstract

This study aims to comparatively examine legal regulations related to criminal defamation occurring through social media during the regional head election (Pilkada) campaign period in Lamongan Regency. This study refers to the provisions of Law Number 7 of 2023 concerning Elections, which explicitly prohibits acts of insult or defamation during the election process. On the other hand, there are also regulations governing similar crimes in the electronic domain, as stipulated in Law Number 1 of 2024 concerning Electronic Information and Transactions (UU ITE). This study employs a qualitative approach with a comparative method to analyze the changes, advantages, and weaknesses in the provisions of the latest ITE Law, particularly in the context of political dynamics during the Pilkada campaign period in Lamongan Regency. The analysis shows that Law Number 1 of 2024 provides a more detailed and firm definition and limitations for the crime of defamation on social media. This regulation more clearly establishes the threshold for legal violations and the applicable sanctions, thereby creating greater legal certainty. These findings are expected to serve as a reference for law enforcement in strengthening legal protection for victims of defamation against individuals in the digital era.
KONSEP PENGATURAN HUKUM TENTANG PERPINDAHAN NARAPIDANA ANTAR NEGARA (TRANSFER SENTENCED PERSON) STUDI KOMPARATIF ANTAR NEGARA Rahmat, Fabitul; Muhibbin, Moh.; Parmono, Budi
Hang Tuah Law Journal VOLUME 8 ISSUE 2, OCTOBER 2024
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v8i2.252

Abstract

In the international context, the transfer of sentence persons is regulated in the general international standards in handling cross-border crime issues as outlined in the 2000 Palermo Convention (United Nations Convention Against Transnational Organized Crime) which Indonesia passed into law through Law Number 5 of 2009 concerning the Ratification of the United Nations Convention Against Transnational Organized Crime, in which member states are allowed to make agreements in handling crime through extradition agreements, mutual legal assistance in criminal matters, and transfer of sentence persons. Legal regulation on the transfer of prisoners between countries (Transfer Sentenced Person (TSP)) is important for Indonesia in order to reform and social rehabilitation for prisoners, so that imprisonment is used to ensure, as far as possible, the reintegration of prisoners in society after release so that they can live a law-abiding and independent life. The need for the state to establish a regulation in the form of a law on the transfer of prisoners between countries (TSP), is intended to create legal certainty, so that cooperation carried out with other countries either as a country requested by Indonesia or vice versa (as a requesting country) has a legal basis that provides restrictions on what is in accordance with the concept of the purpose and politics of punishment law in Indonesia.
LAW ENFORCEMENT AGAINST PERPETRATORS OF FOREST AND LAND BURNS IN JURISDICTION TANJUNG JABUNG TIMUR RESORT POLICE Firman Adiansyah; Sunardi; Moh. Muhibbin
International Journal of Cultural and Social Science Vol. 6 No. 4 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i4.1215

Abstract

Forest and land fires (karhutla) in East Tanjung Jabung Regency, Jambi Province, remain a serious problem despite being regulated by Law Number 32 of 2009 concerning Environmental Protection and Management and the Forestry Law. This research aims to analyze the implementation of law enforcement against perpetrators of forest and land fires and to identify the obstacles faced by the East Tanjung Jabung Police. The method used is empirical legal with a sociological, legislative, and conceptual approach, thru interviews, observation, and literature study. The data was analyzed descriptively and qualitatively to describe the suitability between legal norms and their implementation in the field. The research results show that law enforcement has proceeded according to procedure, but still focuses on individual perpetrators, while corporations are rarely penalized. The main obstacles include limited evidence, weak inter-agency coordination, a shortage of environmental investigators, and low public legal awareness. The application of the principle of strict liability is also not yet optimal. This research concludes that the effectiveness of forest and land fire law enforcement requires strengthening cross-sectoral coordination, increasing the capacity of law enforcement officers, and providing legal education to the public in order to achieve firm and just law enforcement.
Implementasi Putusan Hak Nafkah Istri Pasca Perceraian di Pengadilan Agama Pasuruan Supaat, Joko; Muhibbin, Moh.; Suratman, Suratman
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 8, No 2 (2025): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v8i2.2908

Abstract

Penelitian ini membahas implementasi putusan Pengadilan Agama Pasuruan mengenai hak nafkah istri setelah perceraian. Fokus penelitian diarahkan pada dasar hukum, pertimbangan hakim dalam menentukan besaran nafkah, serta pelaksanaan putusan di lapangan. Penelitian menggunakan metode yuridis empiris dengan pendekatan yuridis sosiologis. Data primer diperoleh melalui wawancara dengan hakim dan staf Pengadilan Agama, sedangkan data sekunder bersumber dari peraturan perundang-undangan dan dokumen putusan. Hasil penelitian menunjukkan bahwa pelaksanaan hak nafkah istri telah dijalankan sesuai ketentuan hukum Islam dan Undang-Undang Nomor 7 Tahun 1989 tentang Peradilan Agama beserta perubahannya. Namun demikian, masih ditemukan kendala dalam eksekusi putusan akibat adanya celah hukum yang memungkinkan pihak suami menghindari kewajiban membayar nafkah. Kondisi ini menunjukkan perlunya penguatan mekanisme hukum dan kesadaran sosial dalam menjamin perlindungan hak-hak perempuan pasca perceraian.