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All Journal Jurnal Dedikasi Jurnal Media Hukum Jurnal Hukum IUS QUIA IUSTUM Jurisprudence Jurnal Penelitian Kesehatan Suara Forikes Health Notions Syntax Literate: Jurnal Ilmiah Indonesia Varia Justicia Lex Librum: Jurnal Ilmu Hukum Legal Standing : Jurnal Ilmu Hukum JURNAL ILMIAH ADVOKASI JUSTISI AL-Ishlah : Jurnal Ilmiah Hukum LEGAL BRIEF Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) The International Journal of Politics and Sociology Research Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Jurnal Pengabdian Masyarakat Bestari (JPMB) Legal Protection for the Partnership Agreement Parties Jurnal Indonesia Sosial Teknologi PEDAMAS (Pengabdian Kepada Masyarakat) Jurnal Jurisprudence Lex Librum : Jurnal Ilmu Hukum Khazanah Hukum Proceeding International Conference Restructuring and Transforming Law
Natangsa Surbakti
Universitas Muhamadiyah Surakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Medicine & Pharmacology Nursing Public Health Social Sciences Other

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MODEL FOR SETTLING REGIONAL ELECTION DISPUTES THROUGH ELECTION COURTS Sri Sumanta; Natangsa Surbakti; Nunik Nurhayati; Arief Budiono
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21086797

Abstract

The German Constitutional Court was the first to implement constitutional complaints. It can serve as comparative models for granting the Indonesian Constitutional Court the authority to adjudicate constitutional complaints in the context of strengthening the fulfillment of economic, social, and cultural rights. The problem can be formulated as follows: How is the description of disputes over regional election results through election courts? And how effective is the resolution of disputes over regional election results through election courts? This research is a sociological juridical study, so the approaches used to solve the problems in this research are doctrinal and non-doctrinal approaches. Several key issues related to regional elections include the lack of good quality of regional election regulations; Regional General Elections Commission, the Elections Supervisory Committee, including the police, the prosecutor's office, and the courts; regional election disputes, including administrative disputes, election crimes, and election result disputes. To ensure effective and high-quality election dispute resolution, three stages of the regional election process must be regulated and implemented comprehensively and thoroughly. Criminal disputes must be resolved expeditiously by the relevant legal authorities before the vote count begins or at the latest before the election winner is declared.
Stepchildren And Incest: Law Enforcement Efforts Against Sexual Abuse In Families (A Case Study on the Decisions of Wonogiri State Court, Idi Sharia Court, and Banda Aceh Sharia Court) Natangsa Surbakti; Nerisia Bunga Samodra; Marisa Kurnianingsih
Jurnal Jurisprudence Vol. 12, No. 1, June 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v12i1.1531

Abstract

ABSTRACT Purpose of the study: This paper aims to analyze three cases of sexual violence perpetrated by stepfathers to underage stepdaughters (incest) in Wonogiri Regency and Aceh Province. Methodology: This legal research used a normative juridical approach. The literary legal research was conducted by studying literary materials or secondary data. The writers used the Legal System Theory of Lawrence M. Friedman. Results: Friedman opined that there are four elements in law enforcement. In the analyzed cases, they were: (1) legal structure: the court and sharia courts, (2) legal substance: laws used by judges in deciding upon the cases, namely Law No. 17 of 2016 and Aceh Qanun No. 6 of 2014, (3) legal culture: society had a role in enforcing the law in these cases, as the police force, general prosecutors, and judges have carried out their functions well, and (4) legal impact: the strict implementation of punishments will bring a greater deterrent effect on the perpetrators. Some factors triggered the crime of incest to happen, namely: (1) the perpetrator, (2) the victims as underage children are deemed powerless against the perpetrator, and (3) the environmental condition where the houses were deserted. Applications of this study: This analysis can be used by the government to better enforce the law on sexual violence in families in Indonesia. Novelty/Originality of this study: This writing analyzes three cases using two aspects, namely Friedman's theory and judicial consideration in making decisions. Keywords: Stepchild, Law Enforcement, Sexual Violence, Incest.
LAW AND TRUST IN POLICE: An Interrogation Study in a Forensic Linguistic Perspective Sri Waljinah; Kelik Wardiono; Natangsa Surbakti; Purwadi Wahyu Anggoro
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5235

Abstract

Citizens' rights in the legal field are to obtain justice when dealing with legal cases which in the handling process involve investigators and examinees. The problem in this research is that the interrogation process is less humane in its implementation in the Police. The aim of this research is to describe the interrogation process in the Police from a forensic linguistic perspective and examine the laws and regulations regarding interrogation and its implementation in the Police. The approach method is normative juridical and qualitative descriptive type. The data collection method uses library research on primary and secondary data sources using recording and note-taking techniques. Data analysis uses qualitative analysis methods with logical thinking based on the logic of analogical induction or deductive interpretation. Data validation uses triangulation techniques based on several data sources to compare one data source with another data source. The results of the research are: (1) the interrogation process in the Police from a forensic linguistics perspective, namely humanist and less humanist, and (2) the interrogation process in the Police is generally running in accordance with statutory regulations but there are still violations in its implementation.Keywords: Law, interrogation, forensic linguistics
Legal Analysis Related to Emergency Defense Against the Threat of Criminal Acts of Begal (Case Study of Surakarta District Court) Idham Mufi Baihaqi; Natangsa Surbakti
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Begal is a serious crime. Today, we encounter this type of crime in several cases and some criminal news. A lot of polemic arose when a case of self‐defense from a victim of robbery ended in conviction for murder, although in the end he was acquitted. Self‐forced defense is regulated in Article 49 of the Criminal Code which states that a person who defends by force cannot be convicted, in other words when someone is threatened or threatened with his life he will be killed by being mugged even if the defense that occurs in it is not a crime. This research uses a sociological juridical analysis technique, so this research will focus on jurisprudence and legal material in it can be in the form of court decisions and laws which will then be reflected in their application to the wider community. Because in this case, the victims of robbery who defended what happened to him had to serve prison sentences with the offense of murder.
Analysis of Freedom of Expression: A Case Study on Religious Court Decision Number 726/PID SUS/2023/PN PLG Ardi Eka Kurniawan; M. Junaidi; Yoesoef Moestofa; Natangsa Surbakti; Bambang Sukoco
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This study aims to understand and analyze the judicial consideration that affects freedom and the review of freedom of expression on social media according to positive law. This juridical-normative study is examined using descriptive analysis method and legislative approach. The data examined are obtained from secondary data sources consisting of primary and secondary legal materials. The results of the research show that the legal case in Religious Court Decision Number 726/PID SUS/2023/PN PLG related to religious blasphemy on social media, when associated with freedom of opinion and expression, may disrupt the judge's decision-making and imposition of sanctions because the judge's decision can trigger reactions that may lead to conflicts among society, causing negative perceptions regarding the law's clarity in handling the issue and significant impacts such as the emergence of similar cases and their association with freedom of expression when someone violates legal regulations. The implementation of law enforcement regarding freedom of expression concerning religious blasphemy on social media is not uniform and comprehensive. Based on the findings of the study, religious blasphemy on social media is still not optimally addressed by the existing laws. The aim of law enforcement is to protect all religions and ensure the protection of individual rights in expressing opinions. Legal actions are expected to comply with applicable laws and not hinder the judicial decision-making process in handling cases related to religious blasphemy and freedom of expression.
Comparison of Indonesian and Malaysian Criminal Laws in Regulating Acts of Abuse Against Minors Sadida Amalia Izzatul Haq; Natangsa Surbakti
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

This article is about criminal law related to child abuse. The research used is a comparative approach, ie comparing the criminal laws of the two countries based on normative legal concepts. Here is an analysis of the concept order formulation for abusive behavior against minors. In Indonesia, the Child Protection Act No. 35 of 2014 applies and in Malaysia, the Children's Act of 2001 applies. The purpose of this study is to clarify the differences and similarities between the two countries' views on child abuse regulation. The results of the two countries' basic thinking on crime and sanctions formulation are similar. In other words, it has been less than 18 years since both countries ratified their child age limit regulations, ie human rights treaties. There are some differences, such as criminal sanctions against children, punishment systems, child protection authorities, and provisions for establishing criminal offenses for child abuse. The conclusion of this article is that important to study this issue on both countries through a comparative approach that takes into account differences. Moreover, many ideas can be used to formulate abusive behavior towards minors in Indonesia.
Study of The Judge's Considerationstothe Crime of Theft under Avery Circumstances (Study Decision Number 236/PID.B/2021/PN KLN) Muhammad Ikhsan Rifai; Natangsa Surbakti
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The author of writing this journal aims to analyze and find out the problems in cases of theft committed by perpetrators. The Panel of Judges in implementing an element of the crime of theft in line with Article 363 paragraph (1) 3rd, 4 and 5 of the Criminal Codes. In the defendant's action it was proven valid and able to meet the elements, namely: Whoever, took something that is wholly or partly owned by another persons, the elements with the intention to own it by means of violating an applicable law, the action was carried out at night in the house, which then it was done by someone who was there who the owner did not know or wanted. Furthermore, the panel of judges stipulated a decision, namely, declared the defendant valid and could indicate that he was proven guilty when he committed the crime of theft under aggravating circumstances, because of this matter the defendant was valid and firmly guilty of the crimes of theft under aggravating circumstances; Sentenced the defendant 2 (two) years in prison.
Co-Authors A Wahid Ramdhan Dewanoto Absori Afiful Ikhwan Agiyanto, Ucuk Aidul Fitriciada Azhari Aidul Fitriciadia Azhari Aprilia, Lina Ardi Eka Kurniawan Arief Budiono Bahari, Roni Bambang Sukoco Binar Sapto Nugroho Dewi Kusuma Diarti Dewi Kusuma Diarti Dewi Kusuma Diarti Dita Nadya Anastasya Eka Yektiningsih Eka Yektiningsih Ganindya, Brestiara Hangabei, Sinung Mufti Hartanto Harun Harun Idham Mufi Baihaqi Iksan Iksan Iswanto Iswanto Karyono Karyono Kelik Wardiono Khudzaifah Dimyati Kuswardani Kuswardani Kuswardani, Kuswardani M Junaidi Marisa Kurnianingsih Moh. Indra Bangsawan Muchamad Iksan Muhammad Bayu Saputro Muhammad Fathin Habibullah Muhammad Ikhsan Rifai Nerisia Bunga Samodra Nuria Siswi Enggarani Nuria Siswi Enggarini Nurul Fatimah Az Zahro Oki Suwandi Pambudi, Rizal Peggy Dian Septi Nur Angraini Peggy Dian Septi Nur Angraini Purwadi Wahyu Anggoro Ragilia Putri Wandansari Rika Yunita Hardiyati Rohayu H, Rina Romli Mukayatsyah Sadida Amalia Izzatul Haq Saputro, Muhammad Bayu Sri Sumanta Sri Waljinah Subeno, Handoyo Supanto Supanto Trisno Raharjo Trisno Raharjo Ucuk Agiyanto Wardah Yuspin Yoesoef Moestofa Yudanto Yudanto Yulian Dwi N