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The Role of the Sarak Opat in Resolving Minor Crimes Suhartini Suhartini; Achmad Surya
Jurnal Media Hukum Vol 29, No 2: December 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i2.14471

Abstract

The Sarak Opat as one of the customary institutions in Aceh have been authorized to settle disputes of minor cases at the village level in Central Aceh, Aceh, Indonesia. This is guaranteed by the applicable  laws and regulations. However, the practice of resolving minor cases is currently delegated to the judiciary. Therefore, this study was a legal empirical or sociological research to analyze primary and secondary data in Central Aceh Regency. Data collection method employed were direct interviews with selected informants, and the collected data were processed in qualitative analysis method. The results showed that the role of the Sarak Opat customary institution in resolving minor cases in the Gayo community in Central Aceh has a strong legal basis as mandated by various national and regional legal policies. Subsequently, the customary institution has two considerations in delegating minor criminal cases to the judiciary. First, the litigants are dissatisfied with the sanctions decided by Sarak Opat. Second, the officials of Sarak Opat lack understanding of their authority as a customary justice institution.
Law Enforcement on Criminal Acts of Fuel Oil Distribution Illegally Subsided Achmad Surya; Suhartini Suhartini
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.6925

Abstract

Misuse of distribution of fuel oil (BBM) often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data obtained through library data in the form of primary legal materials, namely binding regulations, secondary and tertiary materials. Research results show, law enforcement against the illegal distribution of subsidized fuel oil (BBM) has never been carried out by the Central Aceh Resort Police, due to the absence of reports from the public.  The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency. First, Supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of Public Fuel Filling Stations (SPBU). Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.
Law Enforcement On Criminal Acts Of Fuel Oil Distribution Illegally Subsided Achmad Surya; Suhartini Suhartini
Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i2.4090

Abstract

Misuse of distribution of fuel oil (BBM) often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data obtained through library data in the form of primary legal materials, namely binding regulations, secondary and tertiary materials. Research results show, law enforcement against the illegal distribution of subsidized fuel oil (BBM) has never been carried out by the Central Aceh Resort Police, due to the absence of reports from the public.  The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency, First. Supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of Public Fuel Filling Stations (SPBU). Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.
Legal Protection for Victims of Motor Vehicle Purchase as A Result Of Act Criminal Theft Achmad Surya
RESAM Jurnal Hukum Vol 9, No 2 (2023): RESAM Jurnal Hukum
Publisher : RESAM Jurnal Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32661/resam.v9i2.79

Abstract

In a transaction of buying and selling goods, people are sometimes and mostly interested in goods that are sold below market price. However, sometimes the desire to obtain a difference or profit, if not careful, can ensnare the buyer in criminal law matters, namely the act of cheating. The purpose of this research is to determine legal protection for victims of motor vehicle purchases resulting from criminal acts of theft by Bener Meriah District Police Investigators. This research is normative law with a case approach method and statutory regulations. The data source used is secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. The data that has been collected is processed in the form of qualitative analysis. After the data is analyzed one by one, it is then arranged systematically so that it can answer the problems of this research. The research results explain. Legal protection for victims of purchasing motorized vehicles resulting from criminal acts of theft, currently cannot be fulfilled according to criminal law and witness and victim protection laws, victims can become suspects if the purchaser of the vehicle actually knew that the vehicle was obtained as a result of a crime or reasonably thought that The vehicle is the result of a crime, for which the buyer can be charged under Article 480 of the Criminal Code (KUHP).
Strategi Komunikasi Penyidik Kepolisian Resor Aceh Tengah Dalam Proses Interogasi Tersangka Tindak Pidana Pembakaran Rumah Julmahdi, Julmahdi; Surya, Achmad; Harahap, Viana Safrida
Telangke:Jurnal Telangke Ilmu Komunikasi Vol 4 No 1 (2022): Januari : Jurnal Telangke Ilmu Komunikasi
Publisher : Universitas Gajah Putih

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (263.4 KB) | DOI: 10.55542/jiksohum.v4i1.140

Abstract

As a state law enforcement tool, the National Police plays an important and strategic role. It is important because the function of law enforcement is usually initiated by the Police as a part of other law enforcement elements, such as prosecutors and judges. The communication strategy is a series of activities which includes planning a series of activities designed with different techniques and approaches, making it easier to uncover criminal cases. Observing these problems, it is clear that the communication strategy is very urgent to be mastered by every police investigator personnel of the Central Aceh resort in uncovering a criminal act and can determine the suspect in accordance with the applicable laws and regulations. The purpose of the study was to determine the investigator's communication strategy in the interrogation process of the suspect in the crime of burning a house, and to find out what factors hindered the investigator's communication strategy in the interrogation process of the suspect in the crime of burning a house. This research is a type of qualitative descriptive research, namely research that has descriptive results in the form of words and writings from informants studied by researchers, while the approach used in this study is a descriptive approach where researchers look for facts, phenomena about the communication strategy of district resort police investigators. Aceh is in the process of interrogating a suspect in the crime of burning a house. Sources of data used are primary data obtained directly in the field and secondary data obtained from literature or library materials. The results of the study show that the communication strategy used by investigators in the interrogation process of the suspect in the crime of burning a house is in accordance with the SOP that has been set, and the interrogation communication strategy used is persuasive communication and interpersonal communication. Persuasive communication is carried out using clear, firm and straightforward language. In addition to persuasive communication techniques, interpersonal communication techniques are also an option for investigators when interrogating suspects, because they treat suspects humanely by respecting their human values. The inhibiting factor of the investigator's communication strategy in the interrogation process of the suspect in the crime of burning a house, the information from the suspect which is always different, even seems to be changing and answering questions from investigators is often convoluted and the suspect does not want to answer questions from investigators, making it difficult for investigators to obtain information from investigators. suspect or perpetrator of a crime.
Strategi Komunikasi Persuasif Penyidik Tindak Pidana Umum Kepolisian Resor Aceh Tengah Dalam Menginterogasi Para Saksi Kotawarmi, Win; Surya, Achmad; Fachri, Husni
Telangke:Jurnal Telangke Ilmu Komunikasi Vol 4 No 1 (2022): Januari : Jurnal Telangke Ilmu Komunikasi
Publisher : Universitas Gajah Putih

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (268.598 KB) | DOI: 10.55542/jiksohum.v4i1.141

Abstract

The police in handling criminal cases are certainly faced with a choice between legal certainty with justice and expediency. The existence of witnesses in a criminal justice process starting from the stage of investigation, prosecution to trial in court in order to provide information in order to reveal the facts of the occurrence of a crime. The importance of communication is a part that cannot be replaced in writing or otherwise, because communication has functions that include, to inform, namely to provide information given by witnesses to investigators for the completeness of the investigation. The purpose of the study was to determine the persuasive communication strategy of members of the Central Aceh District Police in interrogating witnesses, and to find out what factors hindered the persuasive communication of members of the Central Aceh District Police in interrogating witnesses. This research is a type of qualitative descriptive research, namely research that has descriptive results in the form of words and writings from informants studied by researchers, while the approach used in this study is a descriptive approach where researchers look for facts, phenomena about the communication strategy of district resort police investigators. Aceh is in the process of interrogating a suspect in the crime of burning a house. Sources of data used are primary data obtained directly in the field and secondary data obtained from literature or library materials. The results showed that the communication strategy used by the investigator in the witness interrogation process was in accordance with the established SOP, and the interrogation communication strategy used was persuasive communication and interpersonal communication. Persuasive communication is carried out using clear, firm and straightforward language. In addition to persuasive communication techniques, interpersonal communication techniques are also an option for investigators when interrogating witnesses humanely by respecting human values. The factors that hinder persuasive communication by members of the Aceh Resort Police are in interrogating the witnesses, the statements from witnesses are always different, even seem to change and answering questions from investigators is often convoluted making it difficult for investigators to get information from witnesses, and witnesses are not present in the process of examining witnesses at the investigation stage.
FULFILLMENT OF RESTITUTION RIGHTS FOR CHILDREN AS VICTIMS OF TRAFFICKING CRIME (STUDY OF DECISION NUMBER 68/PID. SUS/2023/PN. TKN) Bengi, Rizki Mah; Surya, Achmad
Jurnal Meta-Yuridis Vol 7, No 1 (2024)
Publisher : fakultas hukum universitas PGRI Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26877/m-y.v7i1.18020

Abstract

This research aims to see how the implementation of the right to restitution and legal protection for victims of crime, especially victims of trafficking in the form of restitution is regulated in Law Number 21 of 2007 concerning Trafficking in Persons (TPPO Law). The method used in this research is normative juridical, namely legal research conducted by examining secondary data, using a statutory approach (statue approach) and case approach.The results of the research on the fulfillment of restitution rights for children as victims of human trafficking crimes (Study of Decision Number 68/Pid.Sus/2023/PN Tkn) the victim's family refused to apply for the victim's child restitution rights, this was confirmed by a statement made by the victim's family stating that they did not request restitution rights for the victim's child. It can be concluded that the right to restitution for child victims has not been implemented according to law enforcement officials in Central Aceh district.
Authority of Sarak Opat in Settlement of Environmental Pollution Cases Surya, Achmad; Suhartini, Suhartini; Hakim, Ruslan
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4672

Abstract

The existence of fishing gear type padang hoe began to spread in the area of Lake Lut Tawar, Central Aceh. As a result of massive and uncontrolled fishing practices and disregard for local culture, this is very dangerous for the preservation of Lake Lut Tawar. So if it continues to be left unchecked, fish endemic to Lake Lut Tawar, such as the depik fish, are threatened with extinction. In the Gayo community in Central Aceh District, cases/disputes that occur within the community are resolved by a customary institution called sarak opat. The purpose of this study is to find out the authority of sarak opat in solving environmental pollution and to find out the obstacles of sarak opat in solving environmental pollution. This type of research is empirical normative research. The data sources used are primary data and secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. The method of collecting data is through interviews and document studies. The way of analyzing the data that has been collected from both primary and secondary data will be analyzed qualitatively, so that it is found that facts as symptoms of primary data are associated with theories from secondary data presented descriptively. The results of the study explained that sarak opat's authority has a legal basis for resolving environmental pollution cases, as mandated in the Aceh Qanun and the Aceh Governor's Regulations concerning Implementation. Customary and Indigenous Dispute/Dispute Resolution. custom. Obstacles to the sarak opat customary institution in resolving environmental pollution cases, namely: First, the loss of the function of the Pawang Lut in Gayo society. Second, there is a lack of understanding of the apparatus of the Sarak Opat customary institution regarding the authority to settle cases of minor environmental pollution.
Application of Criminal Sanctions Against Violators Who Resist Officers on Duty in Combating Corona Virus Disease-19 (Covid-19) Mulya, Ilma; Surya, Achmad
RESAM Jurnal Hukum Vol 10, No 1 (2024): RESAM Jurnal Hukum
Publisher : Sekolah Tinggi Ilmu Hukum Muhammadiyah Takengon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32661/resam.v10i1.86

Abstract

In anticipation of preventing the transmission of Corona Virus Disease (Covid-19), the public is recommended to implement health protocols through several policies set forth in the regulations. But in reality, some community groups still do not obey the rules of government policy. The purpose of this study is to determine the application of criminal sanctions against violators who fight officers who are on duty in combating corona virus disease-19 (Covid-19). This research is an empirical juridical research using primary data sources and secondary data. The way data is collected is done by interviews and document studies. Data obtained both from literature studies and from field research will be analyzed in a qualitative descriptive manner. The results of the study explained that, the application of criminal sanctions against violators who are on duty in combating corona virus disease-19 (Covid-19), can be charged and can be criminally accounted for with Article 212 of the Criminal Code (KUHP) and Article 93 of Law Number 6 of 2018 concerning Health Quarantine which is punished with a maximum imprisonment of 1 (one) year and/or a maximum fine of Rp.100,000,000,  00 (one hundred million rupiah)".
Law Enforcement on Criminal Acts of Fuel Oil Distribution Illegally Subsided Surya, Achmad; Suhartini, Suhartini
Unifikasi : Jurnal Ilmu Hukum Vol. 10 No. 01 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i01.745

Abstract

Misuse of the distribution of fuel oil often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data is obtained through library data in the form of primary legal materials, namely binding regulations, secondary, and tertiary materials. Research results show law enforcement against the illegal distribution of subsidized fuel oil has never been carried out by the Central Aceh Resort Police due to the absence of reports from the public. The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency. First, supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of public fuel filling stations. Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.