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Samsuria Samsuria
Universitas Muhammadiyah Palu
Humanities Law, Crime, Criminology & Criminal Justice

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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.
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
Co-Authors Andi Purnawati Heru Wardoyo Ramli, Kaharuddin