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All Journal Syiah Kuala Law Journal Kanun: Jurnal Ilmu Hukum
Mohd. Din
Fakultas Hukum, Universitas Syiah Kuala
Humanities Law, Crime, Criminology & Criminal Justice

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Submission of Copy of Determination Order Regarding The Provisional Discontinuation of Civil Servants Isfandika Isfandika; Mohd. Din; Iman Jauhari
Syiah Kuala Law Journal Vol 5, No 3: Desember 2021
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (400.715 KB) | DOI: 10.24815/sklj.v5i3.24185

Abstract

Law Number 5 of 2014 concerning State Civil Apparatus stipulates that Civil Servants (PNS) who are detained because they are designated as criminal suspects are temporarily dismissed as PNS, but Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only requires that a copy of the warrant for further detention or detention or a judge's decision be given to the family of the suspect. This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects. The approach method used in this research is normative juridical. The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late.
PUNISHMENTS FOR HOMOSEXUALS IN INDONESIAN CRIMINAL POLICY PERSPECTIVE Mohd. Din; Ali Abubakar; Azhari Yahya
Kanun Jurnal Ilmu Hukum Vol. 25, No. 2, August 2023: Contemporary Issues on Indonesian Legal Reform
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i2.32340

Abstract

The purpose of this paper is to analyze the crime of homosexuals (liwat) in the Qanun Jinayat which has been enforced in Aceh, one of the provinces in Indonesia, since 2015, especially regarding the formulation of the punishment. This topic needs to be studied considering that homosexuality in Aceh is seen as a crime that must be punished, some experts see it as a disease that needs to be cured. Therefore, the assessment needs to be linked to the purpose of punishment which is closely related to the type of crime and the method of implementation. The research was conducted using a normative juridical approach, by examining the provisions of punishment in the Qanun Jinayat which were seen from the principles and theories of the purpose of punishment and sentencing policies. The results of the study indicate that the sentencing provisions in the Qanun Jinayat are not yet integrative, so that the purpose of the sentencing has not been fully achieved. However, in several respects, the Qanun has led to both punishment and action. It is still necessary to set norms and completeness of facilities. The position of the Qanun Jinayat, especially the regulation of homosexuals, can be a pioneer in reforming criminal law in Indonesia.
Co-Authors Ali Abubakar Azhari Yahya Iman Jauhari Isfandika Isfandika