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All Journal RESAM Jurnal Hukum WAJAH HUKUM
Nella Octaviany Siregar
Fakultas Hukum Universitas Batanghari
Law, Crime, Criminology & Criminal Justice

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Plea Bargaining dalam Sistem Peradilan Pidana di Beberapa Negara Nella Octaviany Siregar
Wajah Hukum Vol 3, No 1 (2019): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v3i1.46

Abstract

Plea Bargaining System is widely interpreted as a statement of guilt of a suspect or defendant. Plea Bargaining practised in many countries that have embraced the Common Law legal system. Plea Bargaining that was developed in the common law "legal system" has inspired the emergence of "mediation" in the practice of the judiciary based on the criminal law in the Netherlands and France, known as "transactie". Plea Bargaining is categorized as a settling outside the hearing and their users is also based on specific reasons. Even in the renewal of law criminal justice events in Indonesia, has also picked up the basic concept of plea bargaining that was adopted in the RUU KUHAP with the concept of "Jalur Khusus". That with the presence of the concept of "Jalur Khusus", is also a concern when viewed can enactment back recognition of guilt of the defendant as the basis of the judge's verdict is dropping. The purpose of this paper is to find out, analyze the plea bargaining in some countries. The type of research used is the juridical normative research, using a conceptual approach, comparative approach, historical approach.
Sanksi Pidana Adat terhadap Pelaku Tindak Pidana Melarikan Anak Perempuan Dibawah Umur di Desa Selat Kabupaten Batanghari Islah Islah; Nella Octaviany Siregar; Ade Ardinata
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.703

Abstract

Special customary law of customary criminal comes from the custom of the community so it is referred to as the law born from below. Customary law as an unwritten law is the basis in determining good and bad behavior in a particular traditional society. Customary law, especially customary criminal law, has certain sanctions if one or more members of the traditional community commit irregularities or actions that are not in accordance with the norms and rules of decency (Adat Law). Article 332 of the Penal Code is understood to be taking away an immature woman with a view to mastering it, by our society is often associated with the term eloping.  Eloping itself when it is interpreted simply is between a man and a woman who performs marriage without being approved by his parents or guardians. Taking away an underage woman or child abduction is again widely talked about by the public. Cases of fleeing underage women are spread almost all over Indonesia, our concerns are becoming even greater because the victims of child abduction are the majority of underage girls. To investigate, investigate and dismantle the chain of cases that are quite complicated it takes "extra energy and spirit" because of the problems of unemployment, poverty, education, gender inequality, patriarchy culture, as well as the lack of rule of law, public awareness, and the role of the authorities in addressing the problem.
Implementation of Article 56 of the Criminal Procedure Code Concerning Legal Assistance for Suspects and Defendants Tresya Tresya; Nella Octaviany Siregar; Masriyani Masriyani
RESAM Jurnal Hukum Vol 9, No 1 (2023): RESAM Jurnal Hukum
Publisher : RESAM Jurnal Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32661/resam.v9i1.77

Abstract

The existence of the principles of equality before the law is an indication that the state is obliged to pay attention to the issue of legal aid for its citizens. Legal assistance for people or groups of people who are unable is an obligation that must be provided, because it has been regulated in Article 56 of the Criminal Procedure Code. The purpose of conducting this research is to find out the implementation of Article 56 of the Criminal Procedure Code regarding free legal assistance to suspects and defendants in the jurisdiction of Batanghari Regency. This study uses empirical juridical research using primary data sources or field data and secondary data obtained from primary, secondary and tertiary legal materials. The results of research on the implementation of Article 56 of the Criminal Procedure Code concerning free legal aid to suspects and defendants in the jurisdiction of the district are really lively and have not been implemented properly, especially at the investigation stage at the Police.
Co-Authors Ade Ardinata Islah Islah Masriyani Masriyani Tresya Tresya