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Legal Review of Transitional Principles (Lex favor reo) in the Criminal Code Fauzan Safri Hummam; Khalid
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.2.10113.343-350

Abstract

Changes in criminal law through the recodification process have resulted in the National Criminal Code. One of the main differences with the Wetboek van Strafrecht Criminal Code (WvS The application of the lex favor reo principle is connected to the Criminal Code. The National Criminal Code's Article 3's lex favor reo principle, which is applied as part of criminal law reform, is conceptually intended to safeguard all Indonesian citizens. In order to investigate legal ideas connected to the lex favor reo principle, this study employs normative juridical research using a conceptual approach. According to the study's findings, Article 3 of the National Criminal Code verifies that any modifications to the law made after a criminal conduct has been committed but before the verdict is handed down, then the provisions that are most favorable to the defendant must be applied. This arrangement is a concrete form of the lex favor reo principle, which aims to provide legal certainty and justice for the defendant.
Analysis of Legal Efforts Against the Supporting Rights of a Prisoner's Wife in a Detention Center (Case Study of Medan Class 1 Detention Center) Indi Sintia; Khalid
Journal Equity of Law and Governance Vol. 4 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.4.2.10153.327-334

Abstract

Marriage is a gateway for the creation of rights and responsibilities between men and women who are united by the family. However, certain situations arise when some married people cannot fully fulfill their duties and obligations as a couple, and the husband cannot fully fulfill his wife's needs, such as a husband who, with the status of a prisoner, cannot fulfill his wife's rights in the form of spiritual and physical support. With this, the author wants to examine how and what kind of efforts can be made to fulfill the living rights of a wife whose husband is imprisoned. In this research the author conducted empirical legal research. Empirical law is legal research carried out by conducting studies on the topics to be discussed by conducting interviews and field observations carried out by the author. And the result of this research is that not all efforts to fulfill the living rights of a prisoner's wife can be fulfilled and facilitated by the Medan Class I Detention Center. Birth support at the Medan Detention Center has carried out guidance activities where from the results of this work inmates can get premiums or wages which can be given by prisoners to their wives as fulfillment of birth support. And regarding spiritual support, the Medan Class I Detention Center cannot facilitate all of these subsistence needs. What can be facilitated in relation to this subsistence is a room for family visits and a telephone shop if the inmate misses and wants to confide in his wife.
Sanctions for Criminal Acts of Election Violations (analysis of decision number: 71/Pid.Sus/2019/PT PAL) Muhammad Luthfi Pulungan; Khalid
Journal Equity of Law and Governance Vol. 5 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.1.10219.73-80

Abstract

General elections as a means of democracy in Indonesia still face various challenges, including election violations and crimes. Law No. 7 of 2017 concerning Elections regulates administrative violations, violations of the code of ethics, and election crimes. However, there is still ambiguity in the regulation and classification of election violations and crimes. The case study of the Palu High Court decision Number 71/Pid.Sus/2019/PT PAL shows an example of an election crime in the form of campaigning during the quiet period. The defendant, a candidate for DPRD member, was proven to have violated Article 523 paragraph (1) in conjunction with Article 280 paragraph (1) letter j of Law No. 7/2017 by distributing stickers and promising rice to voters during the quiet period. A similar decision was also found in a 2014 case at the Mamuju District Court. The aim of this research is to find out the legal basis for general election crimes, and also to find out the judge's considerations in decision number: 71/Pid.Sus/2019/PT PAL.These cases illustrate the challenges in enforcing election criminal law, especially regarding illegal campaigning during the quiet period. Clearer regulations and effective law enforcement are needed to ensure the integrity of the election process in Indonesia.
Implementation of Local Regulation of Batam City Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Perspective of Fiqh Siyasah Dusturiyah (Case Study of Sagulung District, Batam City) Salsa Angreini; Khalid
Journal Equity of Law and Governance Vol. 5 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.5.2.10308.15-23

Abstract

Street sellers bring good and harmful community turmoil. These conflicts are common in Indonesia, especially in cities like Batam, where they have created several obstacles to people's activities, such as difficult access for pedestrians who have to pass through areas or trading locations that are very crowded with street vendors' stalls and carts and many vendors' locations, making it difficult for people, especially pedestrians, to walk to their destination. Street vendor facilities are damaged and inoperable, limiting public access. Batam City Regional Regulation Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Review of Fiqh Siyasah Dusturiyah (Case Study of Sagulung Subdistrict, Batam City) is examined in this study This field study uses qualitative descriptive analysis. Data are described, examined, and discussed to answer the problem. Purposive sampling was utilized to find informants in this study. This study found that the Local Regulation of Batam City Number 1 of 2019 on the Arrangement and Empowerment of Street Vendors in the Review of Fiqh Siyasah Dusturiyah (Case Study of Sagulung District, Batam City) has not been implemented. Unimplemented empowerment involves business capabilities, finance access, trade facility support, institutional enhancement, production growth, processing promotion networks, and technical help. Second, Siyasah Dusturiyah claims that the Islamic Law Review of the Implementation of Batam City Regional Regulation Number 1 of 2019 concerning the Arrangement and Empowerment of Street Vendors in Sagulung District, Batam City violates the General Principles of Good Governance, Social Balance, and State Responsibility
Criminal Law Enforcement Against Ding Dong Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn) Habibullah Nasution; Khalid
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.1.10520.1-8

Abstract

Criminal Law Enforcement Against Gambling and Fishing in Hamlet II, Sumberingin Village, Namo Bintang Village, Pancur Batu District, Deli Serdang Regency, North Sumatra Province (Analysis of Decision Number 1311/Pid.B/2020/PN.Mdn). Gambling is a harmful activity that many people engage in. This is one of the crimes that is classified as forbidden by law or religion. Nonetheless, the community as a whole engages in this behavior frequently because they believe that winning this gambling game will double their earnings. Numerous prohibited behaviors exist, ranging in size from little to vast, deliberate or inadvertent, and motivated by genuine whims or practical pranks. Regardless of age, gambling is becoming more and more commonplace. This researcher applies a particular kind of normative legislation. The study methodology known as the normative legal research technique is centered on the examination of primary and secondary sources as well as literature. Both a conceptual approach and a legislative approach are employed in this study. Scholars' perspectives provided the key data for this investigation. Secondary data on this study topic was gathered in the interim from relevant books, papers, journals, and laws. The Medan District Court stressed in its ruling that gambling activities, including fish shooting and ding dong gaming, were illegal based on its review of judgment Number 1311/Pid.B/2020/PN.Mdn. This ruling is a reflection of the rigorous efforts made by law enforcement to implement the rules against gambling-related offenses, which are forbidden under the Law of the Republic of Indonesia. Gambling criminals may face jail time or fines as part of their criminal penalties.
Implementation Of Law Number 6 Of 2014 On Villages And Its Implications In Portibi Jae Village, North Padang Lawas Regency Alamsyah; Khalid
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11492.136-143

Abstract

The aim of this research is to understand the implementation of Law No. 6 of 2014 on Villages and its implications for village development in Portibi Jae Village, Portibi District, North Padang Lawas Regency. Villages play a key role in the development of infrastructure and human resources (HR) in the region. The progress of a village impacts the development of the surrounding area and supports national development. This study is an empirical legal research that is descriptive and qualitative, using a case approach. The data collection techniques used are observation, interviews, and documentation. The results of the study show that the implementation of the Village Law in Portibi Jae Village has been carried out in accordance with applicable regulations, involving community participation, village governance, community economic empowerment, village fund management, and strengthening village institutions. The implications of the Village Law in Portibi Jae Village cover three main sectors: increased community participation, strengthened community economy through various programs including BUMdes (Village-Owned Enterprises), and improved village governance that is more accountable, transparent, and proactive, involving the village community. The impact of this implementation is reflected in the improvement of the physical condition of Portibi Jae Village, better village services, increased values of mutual cooperation in development, and the emergence of handcraft industries such as making bags and mats from gebang palm, mango syrup production, and banana chips by community groups. These activities contribute to the improvement of the community’s economy.
Co-Authors Adam Malik, Mohammad Ahmad Yusuf Akbar, Muhammad Faris Akmaluddin Syahputra Alamsyah Alfanzar, Alif Iffan Alfarisy, Alfan Alim, Ahmad Amin, Faris Muslihul Amirul Mukhtar, Ahmad Wildan Amnur, Riski Anggraini, Defi Armaini, Elza Azmi, Muhammad Nurul Azzahra, Destia Baskoro, Bayu Bintang, Ahdian Syahputra Br Ginting, Sutri Widiyaningsih Chansa Damanik, Syabrina Yolanda Damanik, Irfan Mauliandi Darmawan, Ahmad Ghozi Dasopang, Hasan Basri Dwi Rolliawati Efa Suriani, Efa Eriska , Reda Fahri, Sutan Farhan Akbar, Muhammad Farid, Sasriadi Bachtiar fatimah Fatimah Fatimah Zahara Fauzan Safri Hummam Firdaus, Dimaz Aidil Habibullah Nasution Hadi Firmansyah, Ryan Hafif Pasaribu, Kurniawan Hakim Harahap, Akmal Harahap, Aulia Khairani Harahap, Syakirah Alda Hasibuan, Wahyu Ardiansyah Indi Sintia Indri Sudanawati Rozas Izzah, Khoirul Izzuddin, Andik Khairunnisa Khairunnisa khoirinnisa', nurul Khunaefi, Anang Lestari, Intan Mustika Lubis, Rifkha Azqiyah Lubis, Tiva Novianti Matondang, Maulidya Mora Moch Arif Bijaksana Mohammad Fauzi Muhammad Amar Adly, Muhammad Amar Muhammad Luthfi Pulungan Mujib Ridwan Munawir1,, Munawir Mushlihul Amin, Faris Nasution, Inez Echa Aurel Nasution, Khairani Fitriah Nawar, Royyandana Ramadani Niken Niken Noor Wahyudi Pratama, Dhendy Setiawan Pratama, Muhammad Hisyam Prayuda, Shanas Septy Purba, Gita Rahmayani Putra, MZidane Andhika Putri, Gustina Tri Lestari Rahmat Rasyid Rambe, Dewiyanti Rambe, Noni Reza, M Fahmi Rifki Wijaya Ritonga, Syafi'i Roliawati, Dwi Rolliawati, Dwi Rosyadi, Muhammad Zaidan Sabrina, Sarah Salam, Fadil Muhammad Salsa Angreini Sani, Muhammad Saragih, Chantika Andini Saragih, Muhammad Faisal Afif Siregar, Rahmat Insani Sopian sopian Sriwindari, Henny Suti, Muhammad Zulfikri Syaharani, Winda Syaharuddin Rasyid Syahputra, Akmaluddin Tabita, Kanaya Ulumiyyah, Ikrimatul Uswat Hasnan, A. Yunita Ardilla Zuhri, Rasyid Ahmad