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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS) Omnibus Law Journal Indonesian Research Journal in Legal Studies
Samsuria Samsuria
Faculty Of Law Muhammadiyah Palu University, Palu
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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 1 
APPLYING THE PRESUMPTION OF INNOCENCE PRINCIPLE AGAINST SHOOTING ON-SIGHT BY THE POLICE IN POSO REGENCY Kaharuddin Syah; Samsuria Samsuria
Omnibus Law Journal Vol. 1 No. 1 (2021): June 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The Presumption of innocent principle is one of the principles regulated in criminal procedural law which in general explanation number 3 letter c the Presumption of innocent principle in its implementation is often clashed with a policy of shooting on sight as happened in the case of shooting at the victim's place named Qidam Alfariski Mofance, a resident of the village, Tambarana, Poso Regency, Central Sulawesi Province. The problem that will be discussed in this paper is how to apply this principle to the act of shooting on sight by the Police in the perspective of law enforcement and accountability. The method in this research is empirical normative juridical. Sources and types of data used are primary, secondary and tertiary data. Based on the results of the author's research, it can be seen that the application of the Persumption of innocence principleagainst the shooting on sight to Qidam Alfariski Mofance is an act of violation of law and human rights if the intent of the crime is not known
PREVENTION OF CRIMINAL ACTS OF SEXUAL VIOLENCE AGAINST CHILDREN Samsuria Samsuria; Andi Purnawati
Omnibus Law Journal Vol. 1 No. 2 (2021): December 2021
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

In handling criminal acts of violence against minors, nowadays it still really needs special attention, considering that along with the progress of the times and various forms of sexual violence against minors that involve not only distant people but also in the scope of law enforcement is still very minimal. So far, the handling process is more about punishment for perpetrators of sexual violence, but also forgetting how the impact on victims, in this case children, is psychologically dependent. And also preventive measures that must be applied in social life in the community, many parties must be directly involved, not only the responsibility of the environment, the government, more specifically the role of parents and the family environment that. The method used in this research is a normative juridical approach, namely by conducting research based on legal / reference materials by examining theories and concepts from these legal materials, which relate to the legal principles of legislation. -Invitations related to this writing/research.
The Danger of Drugs for Adolescent Development in the Perspective of Law No. 35 of 2009 Samsuria Samsuria
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 4 No. 3 (2022): July
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v4i3.2602

Abstract

The latent danger of drugs is a big enemy for all humanity, and this is because the impact resulting from their misuse has a fatal effect on anyone who uses them. Today's drug circulation has penetrated among teenagers as a vital part of the nation's generation, the tendency of the dangers of drugs to development among teenagers certainly has a lot of effects on the situation and conditions of the social climate among the community, considering the most urgent thing when discussing adolescent development is how the substance of the younger generation a nation that the dangers of drug abuse have invaded. The enactment of Law Number 35 of 2009 certainly brings fresh air for law enforcement elements in Indonesia, but not for those addicted to drug abuse. The method used in this research is a normative juridical approach, namely by conducting research based on legal/reference materials by examining the theories and concepts of these legal materials, which are related to the legal principles of statutory regulations, invitations associated with this writing/research.
LAW ENFORCEMENT OF ADOLESCENT DELIVERY IN THE PERSPECTIVE OF CHILDREN'S LAW BASED ON RESTORATIVE JUSTICE Samsuria Samsuria; Heru Wardoyo
Omnibus Law Journal Vol. 2 No. 1 (2022): June 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

In law enforcement efforts related to juvenile delinquency in terms of the perspective of the Children's Law, it is necessary to pay attention together so that the settlement of these crimes can be resolved through channels outside the judiciary so that the mental and the psychology of the child or teenager can be minimized. Restorative justice is present not only to provide space for the settlement of crimes involving children outside the Judiciary, but also to seek solutions that promote a sense of justice through deliberation, etc. This type of research is normative legal research, the emphasis of normative legal research lies in legal studies, or legal studies (rechtsboefening) on ​​positive law, which includes two layers of legal scholarship, consisting of legal dogmatic studies and legal theory studies. Keywords: Law Enforcement, Youth, Restorative Justice
LEGALITY OF THE PUBLIC PROSECUTOR'S ACCUSATIONS REGARDING THE VERDICT OF CRIME OF CORRUPTION IN THE PALU STATE COURT Moh. Sabrang; Syamsul Haling; Samsuria
Indonesian Research Journal in Legal Studies Vol. 2 No. 2: September 2023 - Indonesian Research Journal in Legal Studies (IRJILS)
Publisher : Program Pascasarjana Universitas Muhammadiyah Palu

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Abstract

The formulation of the general prosecutor's indictment for the criminal act of corruption against fishing boats in Tolitoli Regency did not meet the formal requirements and material requirements which required careful, clear and complete details about the qualifications of the perpetrators (plegen, doen plegen, uitlokker) and the actions committed by the suspects (act) so that the prosecutor's charges become obscure (abscurs libels). Analysis of the texts proves that there is no correlation between the text, the meaning of the text and the context which qualifies the criminal acts alleged by the public prosecutor against the alleged perpetrators of corruption. In order to prevent formal cancellation of the indictment by the court, the public prosecutor in preparing the indictment must include a clear, accurate and complete description of the actions committed and not related to each other, incomplete and partial, especially material requirements so that the description of the public prosecutor is vague/obscure (obscuur libel) so that the charges are null and void and the court's decision is acquitted.
Co-Authors Andi Purnawati Heru Wardoyo Ida Lestiawati Maisa Maisa Moh. Sabrang Muh. Akbar Ramli, Kaharuddin Syamsul Haling