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Iman Hidayat
Universitas Batanghari
Law, Crime, Criminology & Criminal Justice

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Journal : WAJAH HUKUM

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Keberadaan Tindak Pidana Perzinaan dalam Koridor Pembaharuan Hukum Pidana Iman Hidayat
Wajah Hukum Vol 6, No 1 (2022): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i1.934

Abstract

Custom is the reflection of personality and is one of the reflections of nation soul from century to century. Every nation in the world has its own custom which is not similar from one another, depending on the on the place and the time. This difference is the most important aspect as the identity of a nation. As always happens in the society, there have been many social conflicts in the society of indigenous law because of the violate of the law done by someone or a group of people. The situation will be normal again if the person violate the law has been given indigenous sanction or punishment. Those indigenous violations are mainly caused by the conflicts with what here been agreed together, and which solution has been authorized to the indigoneous institution. 
Keberadaan Hukum Pidana Adat dalam Ruang Lingkup Hukum Pidana Indonesia Iman Hidayat
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1095

Abstract

The existence of customary criminal law in a society reflects the life of the community, and each region has its own unwritten criminal law which is coded according to local customs. In this study the author uses empirical juridical research methods. The type of research in this study is empirical juridical which is carried out directly by looking at customary law in Indonesia with the research specification being descriptive. Sources of data are field research and literature. This study uses a legal approach with data collection techniques using interviews and qualitative data analysis. The results of this study are that the existence of customary criminal law within the scope of Indonesian criminal law is very necessary because not every act if positive criminal law is used will take a long time, while customary criminal law is faster to resolve because it uses the local customary law system so that it should Customary criminal law must be used as Indonesian criminal law.
Analisis Normatif Penegakan Hukum Tindak Pidana Pencurian Iman Hidayat
Wajah Hukum Vol 7, No 1 (2023): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i1.1170

Abstract

The most essential legal basis in Indonesia is Pancasila and the 1945 constitution, in addition to other legal products. Basically there are many things that can be the cause of crime, especially from the point of view of the conditions or circumstances of society, for example poverty or economic downturn is the cause of a lot of theft, lots of juvenile delinquency, rampant corruption that causes tendencies to rebel or reluctance of people to obey the rules, regulations in force, the absence of legal certainty that can grow the seeds of hatred, especially between the weak against the strong. Likewise, the legal awareness of the general public or the local community in many ways can be seen as a symptom of a crime or crime. Theft that occurs at this time can be caused by the difficulty of finding work, due to the number of people who do not match employment opportunities, many people who drop out of school, because a school graduation certificate is a formal requirement in finding a job. Therefore, people use shortcuts, namely working a little and can make a lot of money, even by committing the crime of theft that violates the law. Punishments or crimes that can ensnare those who are proven to have committed the crime of theft, namely imprisonment for a maximum of 5 (five) years for ordinary theft or imprisonment for a maximum of 9 (nine) years, if the theft was preceded, accompanied or followed by violence and even the death penalty or imprisonment for life if the crime of theft is committed by two or more persons which results in serious injury or death of a person. The crime of theft is regulated in Chapter XXII Book II of the Criminal Code (KUHP), there are 5 articles that regulate the crime of theft consisting of Articles 362, 363, 364, 365 and 367. 
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