Garuda - Garba Rujukan Digital

Irpan Husein Lubis

Universitas Batam, Riau

Author-ID : 5445514

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Articles

Sidang Itsbat bagi Pasangan Nikah Siri Ditinjau dalam Perspektif Hukum Islam Irpan Husein Lubis; Khairul Riza; Nicha Suwalla
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 2 (2023): Januari
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Purpose: The purpose of writing this journal is to find out the implementation of itsbat trial determination for unregistered marriage couples in terms of Islamic law, and to know the judge's considerations in determining itsbat trial for unregistered marriage couples. Methodology: The method used is a normative approach, namely through library research, and an empirical approach, namely through field research by conducting a series of interviews with respondents and informants to obtain field data. Results: The results of the study show that the implementation of the determination of itsbat trial for unregistered marriage couples is reviewed in Islamic law, namely starting with the submission of an application for itsbat marriage by the applicant by completing certain requirements, and continuing with the implementation of itsbat trial to obtain a determination of itsbat trial. In its implementation there are requests that fall, are rejected and granted. The judge's considerations in determining itsbat for unregistered marriage partners are the need for the applicant's presence so that the marriage certificate is not aborted and shows evidence that the marriage has taken place legally in accordance with Islamic law in court.

Perlindungan Hukum Terhadap Anak Korban Narkotika dalam Proses Peradilan Nicha Suwalla; Khairul Riza; Irpan Husein Lubis
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Purpose: The purpose of writing this journal is to find out the diversion arrangements at the level of investigation of children who commit narcotic crimes, and find out the rights violated in investigations and efforts to protect the law against children who commit narcotic crimes. Methodology: The method used is a normative approach, namely through the study of legislation and literature, and the empirical approach is through field research by conducting a series of interviews with respondents and informants to obtain field data. Results: The results of the study show that the regulation of diversion at the level of investigation of children who commit narcotics crimes means that there is absolute authority from investigators to carry out diversion efforts against children who commit narcotic crimes, but of all the cases handled so far none of the diversion attempts have been successful. applied. The rights that are violated in the investigation of children who commit narcotics crimes are that the investigator does not prioritize the principle of the best interests of the child, the investigator does not provide legal assistance and other assistance, the investigator does not ask for expert opinion in carrying out the investigation, and does not notify the right to obtain legal assistance. Efforts to protect the law against children who commit criminal acts of narcotics abuse in investigations, namely asking parents and Community Advisors to accompany children during the investigation process, provide guidance to children while undergoing a period of detention at the investigative level, and complete the investigation process within a time limit of 7 (seven) days with an extension of 8 (eight) days.

Kepastian Hukum Terhadap Putusan Peradilan Adat Aceh dalam Penyelesaian Tindak Pidana Pencurian Khairul Riza; Irpan Husein Lubis; Nicha Suwalla
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 2 No. 1 (2022): Juli
Publisher : Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Purpose: The purpose of writing this journal is to find out the authority of the customary court in resolving criminal acts of theft, to find out the factors that cause the keuchik's decision to have no legal certainty, and to find out the obstacles and efforts to resolve crimes that were resolved by the keuchik through customary justice. Methodology: The method used is empirical juridical research, namely research through a series of field interviews with respondents and informants. Results: The results of the study show that, the authority of customary justice in resolving criminal acts of theft is in accordance with what is stipulated in Qanun Number 9 of 2008 against light-scale theft crimes involving the residents of the gampong concerned, but sometimes also against heavier scale theft crimes. Limitations: Obstacles to the settlement of criminal acts resolved by the keuchik through customary justice, namely the difficulty of uniting good opinions between conflicting parties, obstacles to the bureaucratization of customary courts that depend on the government, lack of socialization of customary justice by the government to the community, and lack of coordination with other law enforcement agencies in conventional justice system. Contribution: The efforts made to overcome these obstacles are increasing the socialization of customary justice, strengthening the capacity of traditional justice personnel and institutions, building cooperation between institutions and the commitment and seriousness of the Regional Government in supporting the implementation of customary justice.

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