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All Journal Jurnal Ilmiah Mahasiswa FEB Rechtsidee Jurnal Daulat Hukum DE LEGA LATA: Jurnal Ilmu Hukum Legal Standing : Jurnal Ilmu Hukum Law Development Journal Perspektif Hukum POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Indonesia Law Review (ILREV) Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia
Ahmad Sudiro
Universitas Tarumanagara Jakarta
Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Law Development Journal

 1 
The Position of Joint Property After the Dissolution of Marriage According to Law No. 1 of 1974 and the Compilation of Islamic Law Rania, Rania; Sudiro, Ahmad
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.279-284

Abstract

Marriage is not only a personal or private matter, but has a social dimension that requires government involvement. According to Islamic law, marriage is an act of worship, so the protection of Muslims in carrying out worship through the implementation of marriage is contained in Article 28e paragraph 1 of the 1945 Constitution. Law No. 1 of 1974 concerning Marriage is a manifestation of the Indonesian state as a state of law The Marriage Law is contained in Article 2, namely, marriage is valid, if it is carried out according to the laws of each religion. In establishing legal policies in Indonesia, the government has made Islamic law part of national law through the Compilation of Islamic Law (KHI) In this case, Muslims in Indonesia use KHI as a legal basis in cases of marriage breakup, including the division of property in marriage. The legal research method used in this research is research normative juridical which is research conducted or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object under study. The data source used is secondary data with analysis quantitative data The position of joint property in marriage according to fiqh is not regulated, because in the Qur'an, hadith or fiqh books there is no discussion of joint property. property. The study of scholars about joint property has given birth to the opinion that joint property can be equated with shirkah, because the wife joint property can be equated with shirkah, because the wife can also be counted as a partner (partnership) who works, although the wife can also be counted as a partner (partnership) who works. (partnership) who work, although not participate in the work in the real sense
Construction of Participation in the Crime of Persecution in Indonesia Idrus, Irwandhy; Sudiro, Ahmad
Law Development Journal Vol 6, No 3 (2024): September 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.3.326-343

Abstract

In criminal law, the construction of participation refers to a situation where a person is involved in a criminal offense, not directly as the main perpetrator, but plays a role in the implementation of the criminal offense. This means that a person can be charged with a crime even though he/she did not physically commit the criminal act, as long as he/she fulfills the elements of participation. The problems faced in this study are how the predicate crime of the crime of persecution in the case of South Jakarta District Court Decision Number 4/Pid.Sus-Child/2023/PN.Jkt.Sel and how the participation in the South Jakarta District Court Decision Number 4/Pid.Sus-Child/2023/PN.Jkt.Sel. The research method used is normative juridical legal research. The research specification used in this research is descriptive analytical. This research uses primary, secondary and tertiary sources of legal material. The approaches used from several approaches above are the statute approach and the case approach and the analysis technique used is qualitative analysis. The results showed that predicate crime in a criminal offense, including persecution, are elements that must be proven legally to declare a person has committed the crime. This predicate serves as the basis for law enforcement to impose a sentence. It must be underlined that each case has different characteristics. Therefore, the application of the law in each persecution case will vary depending on the facts revealed in the trial. Victims of persecution are entitled to legal protection. Participation in the crime of maltreatment is a form of understanding a person's criminal responsibility in a criminal event and in this case, however, in this case, Child AG cannot be classified as “assisting in the commission” because he did not knowingly provide assistance to commit the crime of maltreatment, either before, during or after the maltreatment was committed. There was no conspiracy or providing facilities, information and other efforts in realizing the crime of maltreatment.
An Analysis of The Application of Medical Rehabilitation & Social Rehabilitation for People Convicted of Drug Abuse Panjiyoga, Indrawienny; Sudiro, Ahmad
Law Development Journal Vol 6, No 3 (2024): September 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.3.358-375

Abstract

The importance of the implementation of rehabilitation for narcotics users is not merely to replace the sentence period, but rehabilitation is intended for narcotics users to cure them from addiction to be free from their dependence on narcotics. The problems faced in this study are how the rehabilitation arrangements for narcotics users based on Law No. 35 of 2009 concerning Narcotics and how the application of medical rehabilitation and social rehabilitation for convicted narcotics abusers in the case of Decision Number 582/Pid.Susof 2021/PN.Jkt.Brt. The research method used in this writing is normative juridical research. The results show that Law No. 35 of 2009 concerning Narcotics pays special attention to rehabilitation efforts for narcotics users. This is based on the understanding that drug abuse is a health and social problem that requires special handling, not merely a legal problem. Law No. 35 of 2009 has provided a strong legal umbrella for the implementation of rehabilitation for people who use drugs. However, there are still many challenges that must be overcome in order for the rehabilitation program to run effectively. In general, based on Law No. 35 of 2009 on Narcotics, specifically Article 54, every drug addict is required to undergo medical and social rehabilitation. This rehabilitation aims to restore the physical and mental condition of drug users and restore their function in society.
Co-Authors Alifa, Alifa Atmadja, Rossano Tito Butar, Bayu Butar Idrus, Irwandhy Lauren, Audrey Lie, Gunardi Lie, Sarah Milenia Moody Rizqy Syailendra Putra Panjiyoga, Indrawienny Rania, Rania Silalahi, Wilma Syah, Nurijlal Hafizh Winda Ariria Eka Prawita