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All Journal Jurnal Mahupiki Jurnal Syntax Imperatif : Jurnal Ilmu Sosial dan Pendidikan Jurnal Hukum Sehasen International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) MULTIPLE: Journal of Global and Multidisciplinary International Journal of Law and Society Journal of International Islamic Law, Human Right and Public Policy International Journal Of Synergi In Law, Criminal And Justice
MHD AZHALI Siregar
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Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LEGAL REVIEW OF THE PROVISIONS OF ARTICLE 97 OF THE KHI ON THE DIVISION OF JOINT PROPERTY BASED ON THE CONCEPT OF BENEFIT M. Arif Sani; Mhd Azhali Siregar; Andoko, Andoko
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 2 (2025): Vol. 2 No. 2 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Article 97 of the KHI regulates the division of joint property after divorce, which states "a divorced widow or widower is each entitled to half of the joint property as long as it is not specified otherwise in the marriage agreement." The concept of benefit in this case refers to a fair and mutually beneficial division, namely dividing joint property equally between husband and wife, unless there is an agreement that stipulates otherwise. This study examines the legal review of the provisions of Article 97 of the Compilation of Islamic Law on the division of joint property from the perspective of the concept of benefit. Article 97 of the KHI stipulates that a divorced widow or widower is each entitled to half of the joint property as long as it is not specified otherwise in the marriage agreement. A legal-normative approach is used to analyze how this provision on the division of joint property can be reviewed based on the principle of legal benefit. The results of the study indicate that the application of a rigid division of joint property with a 50:50 proportion does not always reflect substantive justice. The concept of benefit (maslahah) in Islamic law provides flexibility to consider the contribution of each party, the economic conditions after the divorce, and responsibility towards children. This study concludes the need for reinterpretation of Article 97 of the KHI by considering the aspect of benefit to fulfill the objectives of Islamic law in realizing justice and welfare for the parties in accordance with the contemporary socio-economic context.
THE AUTHORITY OF THE PUBLIC PROSECUTOR IN CARRYING OUT CONFISCATION OF EVIDENCE OF CORRUPTION CRIMINAL ACTS IN PROSECUTION STAGE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i2.144

Abstract

The Criminal Procedure Code (KUHAP) expressly authorizes investigators to confiscate in order to maintain the security and integrity of these objects, but the confiscation must be based on the conditions and procedures determined by law and the confiscation is intended for the purpose of proof, especially as evidence in court. The research method used is a normative juridical research approach, namely an approach carried out by examining theoretical approaches, concepts, reviewing laws and regulations related to the implementation of the authority of the Public Prosecutor in confiscating evidence of corruption crimes at the Prosecution Stage. Based on research that the legal process of confiscating evidence of corruption by the Public Prosecutor at the Prosecution Stage, if during the trial legal facts are found related to the defendant's assets that have not been confiscated at the investigation stage, then the Public Prosecutor can submit a request for confiscation permission to the Panel of Judges then after being granted then the Panel of Judges issues a Determination of Confiscation Permit from the Panel of Judges, Furthermore, the Public Prosecutor in following up on the determination makes a Minutes of Implementation of the Judge's Determination and Minutes of Implementation of Confiscation which are then attached to the case file and stated in the indictment regarding evidence.
AUTHORITY AND FUNCTIONS OF PROSECUTORS IN INDONESIAN CRIMINAL JUSTICE Ris Piere Handoko; Mhd Azhali Siregar; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 7 No. 1 (2025): 9th IHERT (2025): IHERT (2025) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v7i1.467

Abstract

Indonesia is a state based on law. The 1945 Constitution of the Republic of Indonesia, as amended 4th, as the constitution of the Unitary State of the Republic of Indonesia, is the highest positive law applicable in the Indonesian legal system. Discussing the Indonesian legal system means discussing the systemic law applicable in Indonesia. The criminal justice system contains a systemic movement of its supporting subsystems, namely the police, prosecutors, courts, and correctional institutions, which as a whole and constitute a unity (totality) strive to transform inputs into outputs that are the goal of the criminal justice system, namely, overcoming crime or controlling the occurrence of crime so that it is within the limits of tolerance that can be accepted by society. This study aims to determine the authority and function of prosecutors in the criminal justice system in Indonesia according to the Criminal Procedure Code. The method used in this study is the normative juridical method, namely the addition method by adhering to applicable legal norms or rules. The results of the study show: The prosecutor's office in Indonesia has quite limited authority compared to prosecutors in the Netherlands, England, or America. In addition to being listed in the Criminal Procedure Code, the duties and authorities of the prosecutor's office in carrying out its function as a subsystem/component of law enforcement of the Indonesian criminal justice system are listed in Law Number 16 of 2004 concerning the prosecutor's office. The prosecutor's office is a non-departmental institution, which means it is not under any ministry, the peak of the prosecutor's office leadership is held by the attorney general who is responsible to the president. The criminal justice process can be interpreted as all stages of examining criminal cases to uncover criminal acts that have occurred and take legal action against the perpetrators. By going through various institutions, the criminal justice process starts from the Police institution, continues to the Prosecutor's Office, to the Court Institution and ends at the Correctional Institution.
Legal Analysis Regarding the Application of Criminal Penalties for Perpetrators of Cybercrime Budi Setiaji; Mhd Azhali Siregar; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.137

Abstract

The purpose of writing this isTo determine the types of cybercrime that frequently occur and to determine law enforcement against perpetrators of cybercrime, using qualitative research methods. Cybercrime, or what we often hear as cybercrime, can be found regulated in the ITE Law and its amendments. The various types of internet crimes are regulated in the ITE Law. Before the ITE Law, cybercrime cases in Indonesia were tried using analogies to articles that had elements that matched the Criminal Code, so that criminal penalties for cybercrime perpetrators used the Criminal Code, abbreviated as the KUHP. In the KUHP, criminal provisions in cases of cybercrime in the form of phishing can be applied based on Article 378 of the KUHP. In Indonesia itself, cybercrime is regulated in Law Number 19 of 2016, an amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions.
Co-Authors , Rahul Ardian Fikri Andoko Andoko, Andoko Ayuda Silitonga Budi Setiaji Bukit, Efraim Abigail Dimas Prayoga Duma Milanta Efraim Abigail Bukit Haris Putra Hutabarat Henry Aspan Ismaidar I, Ismaidar M. Arif Sani M. Fikri Akbar M. Ridho Muhammad Arif Sahlepi Nurmala Waty Pasaribu, Andreas Okta Ris Piere Handoko Syafruddin Hasibuan Tengku Riza Zarzani N