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Status of the Verbalish Witness Recognition to Violence Against Suspects as a Tool of Evidence Rahman, Faizal; Sunardi, Sunardi; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.53

In the examination of a criminal case trial requires several pieces of evidence as contained in the Criminal Procedure Code called KUHAP, such as: witness statements, expert statements, letters, instructions, and statements of the accused. Verbalized witnesses are not included in the KUHAP, but they often occur in criminal justice practices. This study aims to find out how the position of evidence in Indonesian criminal law and how verbal witness confessions can be used as evidence of criminal acts of mistreatment of suspects. This research is descriptive in nature, with a statutory approach, primary, secondary and tertiary legal materials and qualitative analysis is carried out systematically in order to obtain answers to problems, Witness statements are legal evidence as regulated in Article 184 paragraph (1) of Law Number 8 of 1981 concerning called KUHAP. A verbal witness is an investigative witness who is presented by a judge in a trial because the defendant withdraws the Minutes of Examination called BAP. The presence of this verbal witness was to prove the testimony of the defendant who said that during the investigation the defendant was under pressure or coercion. Verbal witness statements can be used as a judge's consideration in accepting the reasons for revocation of the BAP carried out by the defendant and the judge's considerations in making a decision. Moreover, verbal witness testimony was taken in a trial.

Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment Chaidir, Noor; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.58

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches. The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law. The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations.

Sexual Violence Against Children And Criminal Sanctions Towards Actors Based On The System Of Indonesian Law Monikasari, Shandra; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.60

This study aims to describe how the criminal law regulates sexual violence in Indonesian positive law and to analyze how criminal sanctions for perpetrators of sexual violence against biological children are in Indonesian positive law. This research was conducted using normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with a qualitative descriptive research analysis.The results of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), the Human Rights Law Number 39 of 1999, the Elimination of Domestic Violence Law Number 23 of 2004. And specifically against children as victims regulated in Law Number 35 of 2014 concerning Amendments to Law number 23 of 2002 concerning Child Protection. The results of other studies state that criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). Parents, guardians, caregivers of children, educators, or educational staff, then the penalty is added to 1/3 (one third) of the criminal threat as referred to in paragraph (1).

Police Authority In Handling Corruption Crimes Under Law No. 2 Of 2002 Concerning State Police Of The Republic Of Indonesia Rosadi, Herry; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.92

The criminal act of corruption is a latent danger for Indonesia because the negative impacts and the causes are very dangerous for the economy and social order. This research aims to determine the regulation of the authority of law enforcement agencies in handling criminal acts of corruption in the legal system in Indonesia and how the authority of the police in handling criminal acts of corruption in Indonesia. As normative legal research, the research examines laws and regulations related to criminal acts of corruption.Research results: Regulation of criminal acts of corruption in Indonesia is regulated in the Corruption Eradication Law Number 20 of 2001, and Law Number 8 of 1981 concerning the Criminal Procedure Code. The Criminal Procedure Code only recognizes 2 institutions or agencies that have the authority to handle criminal acts, namely the Police and the Prosecutor's Office. In Law Number 20 of 2001, the investigative authority is contained in the institutions that have the authority to handle criminal acts of corruption, namely the Police, Prosecutor's Office and the Corruption Eradication Commission. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, aims to strengthen the position and role of the police as an integral part of overall reform efforts. The development and progress of society as well as the emergence of the supremacy of law, globalization, transparency and accountability have given rise to a new perspective on the duties, functions, authority and responsibilities of the police which has led to the growth of various demands and expectations from the public regarding the implementation of police duties oriented towards the interests of the community.

Juridical Analysis Of Doctors' Responsibilities For Malpractic Action Fernandez, M. Rizky; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.97

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.

Rape of a Biological Child and Criminal Sanctions for the Perpetrator arief, hanafi
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.148

The phrase “rape of a biological child” refers to a situation where a parent (or another direct blood relative) commits sexual violence against their own child. Rape of a biological child in Indonesia is a serious crime regulated by various laws and regulations. This research aims to analyze the criminal provisions for sexual violence in Indonesian positive law, and analyze the criminal sanctions for perpetrators of sexual violence in Indonesian positive law. As a normative legal research, the research examines laws and regulations related to criminal act of rape. Research results: The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; Criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely a maximum prison sentence of twelve years. Meanwhile, in the Child Protection Law, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In the case of a crime committed by a parent, guardian, child caregiver, educator, or education personnel, the penalty is increased by 1/3 (one third) of the criminal threat as referred to in paragraph (1)

Rape of a Biological Child and Criminal Sanctions for the Perpetrator arief, hanafi
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.148

The phrase “rape of a biological child” refers to a situation where a parent (or another direct blood relative) commits sexual violence against their own child. Rape of a biological child in Indonesia is a serious crime regulated by various laws and regulations. This research aims to analyze the criminal provisions for sexual violence in Indonesian positive law, and analyze the criminal sanctions for perpetrators of sexual violence in Indonesian positive law. As a normative legal research, the research examines laws and regulations related to criminal act of rape. Research results: The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; Criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely a maximum prison sentence of twelve years. Meanwhile, in the Child Protection Law, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In the case of a crime committed by a parent, guardian, child caregiver, educator, or education personnel, the penalty is increased by 1/3 (one third) of the criminal threat as referred to in paragraph (1)

Violence Against Husbands in Domestic Life Ferian Adam; Hanafi Arief; Muhammad Aini
Journal of Social Research Vol. 4 No. 12 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i11.2857

Domestic violence is a topic that has recently been discussed extensively, from ordinary people to public figures, becoming a trending topic on social media and national television. Victims of domestic violence are also experienced by husbands, with forms of violence that can be physical or psychological. However, the laws that have been formed are often understood by the general public as only providing legal protection to wives who are victims of domestic violence, leading to misunderstandings regarding husbands' rights to legal protection. This research aims to determine the regulation and protection of husbands who experience domestic violence. This research employs normative legal research methodology, using statutory and conceptual approaches. The legal materials consist of primary and secondary sources, analyzed through various legislative sources and legal expert references. The research results indicate that legal arrangements for wives who commit domestic violence against husbands according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence consist of two forms: (1) prison sentences and fines, specifically regulated in Articles 44 to 49, with Article 44 specifically addressing physical violence; and (2) additional punishment, which shows that the form of punishment for perpetrators of domestic violence in positive law is regulated in separate regulations outside the Criminal Code.

Rape of a Biological Child and Criminal Sanctions for the Perpetrator hanafi arief
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.148

The phrase “rape of a biological child” refers to a situation where a parent (or another direct blood relative) commits sexual violence against their own child. Rape of a biological child in Indonesia is a serious crime regulated by various laws and regulations. This research aims to analyze the criminal provisions for sexual violence in Indonesian positive law, and analyze the criminal sanctions for perpetrators of sexual violence in Indonesian positive law. As a normative legal research, the research examines laws and regulations related to criminal act of rape. Research results: The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; Criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely a maximum prison sentence of twelve years. Meanwhile, in the Child Protection Law, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In the case of a crime committed by a parent, guardian, child caregiver, educator, or education personnel, the penalty is increased by 1/3 (one third) of the criminal threat as referred to in paragraph (1)

Rape of a Biological Child and Criminal Sanctions for the Perpetrator hanafi arief
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.148

The phrase “rape of a biological child” refers to a situation where a parent (or another direct blood relative) commits sexual violence against their own child. Rape of a biological child in Indonesia is a serious crime regulated by various laws and regulations. This research aims to analyze the criminal provisions for sexual violence in Indonesian positive law, and analyze the criminal sanctions for perpetrators of sexual violence in Indonesian positive law. As a normative legal research, the research examines laws and regulations related to criminal act of rape. Research results: The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; The crime of sexual violence as a whole is regulated in the Criminal Code (KUHP), Human Rights Law Number 39 of 1999, Law on the Elimination of Domestic Violence Number 23 of 2004. And specifically against children as victims is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection; Criminal sanctions for perpetrators of sexual violence in the Criminal Code against minors are formulated in Article 285 of the Criminal Code, namely a maximum prison sentence of twelve years. Meanwhile, in the Child Protection Law, imprisonment based on Article is a minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In the case of a crime committed by a parent, guardian, child caregiver, educator, or education personnel, the penalty is increased by 1/3 (one third) of the criminal threat as referred to in paragraph (1)

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