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The Role of Visum et Repertum as a Tool of Evidence in Evidence Against the Criminal Act of Persecutory (Study of Decision No. 646/Pid.B/2021/PN Rap.) Dewi Patima Hutagalung; Risdalina Risdalina; Indra Kumalasari M
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.4759

Visa et repertumis a written explanation letter made by a doctor in forensic medical science regarding medical checks on humans, made based on his knowledge and under oath for the benefit of justice. There is also a problem formulation in this matter. 1. What are the requirements for a visum et repertum so that it can become valid evidence? 2. How is the strength of the visum et repertum as evidence in proving the case of persecution in the decision no. 646/Pid.B/2021/PN Rap? The method used in this writing is using the Juridical Normative Empirical method, namely by conducting field research with the method of interviews with related parties and library research in the form of literature books, legislation, legal articles, scientific essays, as well as other readings that are related to the problems discussed in the preparation of this article. While the problem of approach used is the Legislative approach, the Conceptual approach and the Visum et Repertum Problem approach are documentary evidence as regulated in Article 184 paragraph (1) of the Criminal Procedure Code and Article 187 letter c of the Criminal Procedure Code and has strong evidentiary power because it is able to prove elements persecution, in researching this problem the author takes an example of a case that is in accordance with the title above, namely decision no. 646/Pid.B/2021/PN Rap. The consequences that arise if the Visum et Repertum has a comparison to the explanation given by the suspect is that the explanation can be revoked and a re-check of the Visum et Repertum can be carried out if the suspect is proven to have given a wrong confession. In order for Visum et Repertum to have the power of juridical proof, it is necessary to regulate the standardization of the model and form as well as the arrangement of Visum et Repertum in a statutory regulation.

Judges' Considerations in Assessing the Criteria for Class Action Lawsuits during the Covid 19 Pandemic Based on Supreme Court Regulation Number 1 of 2002 concerning Class Action Lawsuits (Study of Decision Number: 581/Pdt.G/2020/Pn/Mdn) Sahala Pardamean Harahap; Risdalina Risdalina; Indra Kumalasari M
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6156

This study aims to determine the judge's considerations in assessing the criteria for Class Action lawsuits in accordance with Supreme Court Regulation No. 1 of 2002 concerning Class Action Lawsuit Procedures. This research is descriptive normative legal research with a case approach. This study uses the types and sources of legal materials consisting of primary legal materials and secondary legal materials. The Class Action lawsuit filed must be examined first and must meet the criteria for a class action lawsuit before the trial is held. The lawsuit in the Decision has met the three criteria for a Class Action lawsuit in the Supreme Court Regulation Number 1 of 2002 concerning Class Action Lawsuit Procedures. Based on the results of the research and discussion, it can be concluded that the lawsuit filed in the decision has met the criteria for a Class Action lawsuit, but there are differences in the fulfillment of the class action criteria in the decision, including the criteria for numeriousity, commonality and typicality, and adequacy of representation. The legal consequences if the lawsuit does not meet the criteria to be examined as a Class Action lawsuit, namely the lawsuit is declared invalid, the case examination is terminated, the lawsuit is declared unacceptable, and the losing party is punished to pay the court costs incurred.

Police Strategy in Eradicating Narcotics Trafficking Using Drug Detectors in the Rokan Hilir Legal Area Rahmad Ramadhan; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1629

This research aims to determine the police's strategy in eradicating drug trafficking by using drug detectors. The method used in this research is normative legal research, namely research into problems by looking at the sources of applicable regulations related to police strategies in eradicating drug trafficking. Normative legal research examines law from an internal perspective with the research object being legal norms. The results of the discussion show that the police strategy in eradicating drug trafficking is carried out through electronic and non-electronic methods. The electronic method used is IMS (Ion Mobility Spectrometry) technology which is capable of detecting traces of drugs based on ion mobility, as well as X-ray technology which can detect drugs hidden in items or the body. Apart from electronic methods, the police also use non-electronic methods such as the use of sniffer dogs to detect the presence of drugs through sharp smell and wet chemistry methods which involve chemical reactions to identify the content of narcotic substances. This combination of strategies allows the police to increase effectiveness in detecting and eradicating drug trafficking, thus narrowing the space for narcotics crime perpetrators

Digital Forensic Legal Study in Proving Criminal Defamation Cases (Decision Study Number 8/PID.SUS/2021/PN MSH) Maulana Putra; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 5 (2025): IJHESS APRIL 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i5.1633

The method used in this study is normative legal research, which focuses on analyzing legal issues by referring to applicable regulations related to the study of digital forensic law in proving defamation cases. This research is based on Decision Number 8/Pid.Sus/2021/PN Msh, which highlights the crucial role of digital forensics in revealing evidence and determining the defendant's accountability. In this case, the defendant, ALI TUAHAN, was accused of defamation through a Facebook post using the account "LIKENT LETWARU." Digital forensic experts provided evidence that the post violated Article 45A paragraph (2) in conjunction with Article 28 paragraph (2) of the ITE Law, which prohibits the intentional dissemination of information intended to incite hatred or hostility based on ethnicity, religion, race, and inter-group differences (SARA). The law carries a maximum penalty of six years' imprisonment and a fine of up to IDR 1,000,000,000.00. The court found that the defendant's post influenced public opinion and harmed the reputation of the Regent of Central Maluku and his family. As a result, the defendant was sentenced to two months’ imprisonment and required to pay court fees of IDR 2,000.00. This case highlights the growing importance of digital forensics in resolving social media-related criminal cases.

Legal Analysis Of Judges' Decisions On The Imposing Of Sanctions For Perpetrators Of The Criminal Act Of Murder Study Of Decision NO. 264/PID.B/2024/PN RHL Febri Kurniawan; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1668

The method used in this research is normative legal research, namely research into problems by looking at the sources of applicable regulations relating to the title.Legal Analysis of Judge's Decision on the Imposition of Sanctions on Murder Perpetrators Study of Decision No. 264/PID.B/2024/PN RHL. InThe decision of the Rokan Hilir District Court No. 264/Pid.B/2024/PN Rhl has declared the Defendant Hari Kurniawan alias Ari bin Sugianto and has been proven legally and convincingly guilty of committing the crime of premeditated murder, as in the indictment of the Public Prosecutor by sentencing the Defendant to a prison sentence of 19 (nineteen) years.is very much in accordance with the concept of justice mentioned by John Rawls that the justice enforcement program with a people's dimension must pay attention to two principles of justice, namely: Providing equal rights and opportunities for the broadest basic freedoms as broad as the same freedom for everyone. The results of the study show that the judge in this decision based his considerations on Article 338 of the Criminal Code concerning ordinary murder, by adjusting the trial facts to the elements of the article. The judge's considerations involved subjective aspects, such as the defendant's psychological condition, and objective aspects, such as evidence and witness statements. Although the decision reflects elements of justice, several aspects, such as the application of maximum sanctions and efforts to prevent similar crimes, still require further evaluation. This study concludes that law enforcement in this case reflects the application of the principle of legality, but there is room for increased effectiveness through regulatory reform and more progressive implementation of criminal law.

Criminal Responsibility For Determination Of Suspects Of Duck Theft Assault Through Video Recording Evidence Obtained From Whatsapp At Labuhanbatu Police Muhammad Rizkiyawan Rafiyanto; Risdalina Risdalina; Indra Kumalasari M
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 6 (2025): IJHESS JUNE 2025
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i6.1747

Criminal liability for the determination of suspects in the abuse of duck theft which is proven through video recordings that have been sent many times to the victim's family so that this is seen from the aspect of Article 184 of the Criminal Procedure Code and the aspect of Law Number 19 of 2016 concerning Electronic Transaction Information (ITE) so that the video recording evidence used as evidence by the Labuhanbatu Police investigators fulfills the elements to determine a suspect for the perpetrator without taking expert testimony and conducting a forensic test on the video recording obtained via WhatsApp as social media so that law enforcement against perpetrators of acts of violence and abuse that meet the elements of the crime that has been processed is seen to be irregular with the provisions of the applicable law in law enforcement so that the perpetrator must be held accountable for his actions through evidence of video recordings obtained through social media to determine the perpetrators as suspects, even though legal norms clearly function as guidelines for legal relations in community and state life. However, in reality, law enforcement against vigilante actions that meet the elements of Article 170 or Article 351 of the Criminal Code by Labuhanbatu Police investigators fulfilling the elements to determine the suspect for the perpetrator without taking expert testimony and conducting a forensic test on the video recording obtained through WhatsApp as social media so that law enforcement against perpetrators of acts of violence and abuse that meet the elements of a crime that has been processed is seen to be irregular with the provisions of the applicable law in law enforcement so that the perpetrator must be held accountable for his actions through evidence of video recordings obtained through social media to determine the perpetrators as suspects, even though legal norms clearly function as guidelines for legal relations in community and state life. However, in reality, law enforcement against vigilante actions that meet the elements of Article 170 or Article 351 of the Criminal Code by investigators from the Labuhanbatu Police for duck theft does not reflect the law enforcement expected for the perpetrators who force the perpetrators to be determined as suspects to be held accountable for their actions. This researcher uses the Normative Juridical research method using primary data and secondary data with the interview method as supporting data with related agencies by drawing deductive conclusions. The results of the study explain that (1) Law enforcement against vigilante actions that meet the elements of Article 170 of the Criminal Code concerning violence or Article 351 of the Criminal Code concerning abuse must be processed in accordance with applicable legal regulations in order to create law enforcement and legal certainty and justice for the victim. (2) The legal consequences of vigilante actions have resulted in the law not running properly but must be applied in accordance with the applicable legal mechanism for the investigation process so that when determining suspects for perpetrators it can be more effective so that there needs to be an increase in legal awareness in society so that society understands its rights and obligations, and law enforcement officers must improve the performance of law enforcement so that the law enforcement desired by society can be realized. (3) Criminal responsibility for the perpetrators of the duck theft assault has been determined as suspects by investigators from the Labuhanbatu Police, although in the end peace was made between the victim and the suspects as a form of responsibility for the perpetrators taking the law into their own hands for the duck theft carried out by the victim, although the victim will still be processed through the applicable law for his actions

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