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Maswandi Criminal Liability For Corruption By Public Officials: Analysis Of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn: Criminal Liability For Corruption By Public Officials: Analysis Of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn Maswandi; Nanang Tomi Sitorus; Ariman Sitompul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6484

Abstract

Corruption committed by public officials is a serious violation of the integrity and trust of the public in the state administration. This study analyzes criminal liability for corruption perpetrators in their capacity as public officials through the case study of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn. Juridical-normative approach and Decision Analysis become the basis in assessing how the application of criminal elements and the principle of responsibility. The results showed that public officials can be held criminally liable in full if proven to commit unlawful acts with awareness and bad faith. This decision confirms the importance of judicial independence in combating corruption.
PERFORMANCE IMPROVEMENT OF GINGER FARMERS IN PEATLAND, KUBU RAYA DISTRICT Lestary, Septia; Yurisinthae, Erlinda; Maswandi
Jurnal AGRISEP JURNAL AGRISEP VOL 22 NO 01 2023 (MARCH)
Publisher : Badan Penerbitan Fakultas Pertanian, Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (417.201 KB) | DOI: 10.31186/jagrisep.22.01.181-194

Abstract

The economic value of ginger agricultural commodities has many advantages as a healthy way of life for the society, and this value is reflected in the productivity of ginger farming. When used, peatlands have the potential to significantly boost ginger output, which in turn can help farmers perform more effectively. In the peatlands of Kubu Raya Regency, where ginger is grown, the purpose of this study is to investigate the technical efficacy of ginger farmers and the efforts they make to improve their crops' yields. The choice of locations for the research projects was made deliberatively with consideration given to the proximity of horticulture farmer groups. This study utilized a probability sampling approach and observed 57 representative samples of the farmers who responded to the survey. The software program known as FRONTIER 4.1 is used to aid in the stochastic frontier analysis (SFA) approach of data analysis. Based on the results of the study, the t value for the variable land area was 6.71 > 2.07 and the t value for the seed variable was 5.70 > 2.07 indicating that these two variables had a considerable influence on ginger yield. This data means that the technical efficacy of ginger farmers and the efforts they make can increase ginger yields. With this, it is important for farmers to pay attention to the performance given to ginger plants planted to obtain increased income.
State and Fiqh: Examination of the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn Maswandi, Maswandi; Frensh, Wenggedes; Siregar, Fitri Yanni Dewi; Hidayani, Sri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8722

Abstract

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.
Advocate Immunity Is Active When Integrity In The Exercise Of The Profession Jamillah, Jamillah; Maswandi, Maswandi
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3722

Abstract

n the practice of law enforcement, many advocates who abuse the right of immunity of this profession and similarly in contrast, many other law enforcers do not understand the rightof Advocate immunity. This right of immunity will be strong if an advocate carries out hisprofession in line with his integrity. The results concluded that the application of the rightof immunity is successful if between law enforcement agencies work in accordance with thedignity of the law and each legal actor maintains professionalism according to the code ofethics and adheres to the principle of good faith to uphold the law and justice to benefit thewider community and the right of immunityKeywords: Immunity, Law, Integrity
RESTORATIVE JUSTICE FORMULATION POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA Maswandi, Maswandi; Ingratubun, Fitriyah; Ingratubun, Junaidi Abdullah
Masalah-Masalah Hukum Vol 52, No 2 (2023): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.52.2.2023.187-196

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The aim of this research is to understand and evaluate restorative justice formulation policies in the juvenile criminal justice system in Indonesia. The judicial normative method is employed in this research approach. It can be concluded that in order to achieve restorative justice for every child, to create a balance between the interests of the perpetrator and the victim, and to also pay attention to the impact settlement of criminal cases so that they can live, grow, and develop, it is necessary to pay attention to how these provisions can be implemented in society, not just in the formulation of all laws and regulations.
CIVIL LAW AND CRIMINAL LAW ASPECTS OF HOAX NEWS IN ELECTRONIC MEDIA rafiqi, rafiqi; maswandi, maswandi; marsella, marsella
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3909

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The advancement of information technology (internet) and allforms of benefits in it brings its own negative consequences whichare increasingly troubling the community. The abuse that occursin this cyber space is what is then known as cyber crime orInformation Technology and Electronic other regulators use theterm computer crime. The formulation of the problem in this studyis how the aspects of Civil Law and Criminal Law of Hoax newsElectronic Media How Efforts in Identifying the Spread of Fake /Hoax News as a Form of Cyber Crime in Indonesia. The researchmethod in this writing uses Normative Juridical, the nature of thisresearch is prescriptive research. The results of the discussion inthis study are aspects of civil law and criminal law ElectronicMedia Hoax News In Article 1372 of the Civil Code states thatcivil suits regarding defamation are aimed at obtainingcompensation and restoration of honor and good name. Themeasure used to determine whether a person's actions haveoffended honor is very broad. The difference between the regulationof fake news in Law Number 1 of 1946 concerning Criminal LawRegulations and the regulation of fake news regulated in LawNumber 11 of 2008 and Law Number 19 of 2016 concerningInformation and Electronic Transactions is that Articles 14 and15 do not mention what kind of fake news, while the Informationand Technology Law is more detailed in mentioning fake news inthe context of electronic transactions and speech that causeshatred. Efforts to Identify the Spread of Hoaxes as a Form of CyberCrime in Indonesia The Chairperson of the Indonesian Anti-HoaxSociety, Septiaji Eko Nugroho provides 5 simple steps that can helpin identifying hoaxes and which are real news, the followingexplanation Be careful with provocative titles, Look at the siteaddress, Check the facts, Check the authenticity of photosParticipate in anti-hoax discussion groups.I. IntroductionThe advancement of internet technology has led to new
Islamic criminal law: A Comparison Of its Application in Indonesia and Other Countries Maswandi, Maswandi; Jamillah, Jamillah; Duha, Junindra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4213

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The crucial issue in grounding Islamic criminal law is that there are still many Islamic criminal law terms that use Arabic terms and Arabic backgrounds, so that Islamic criminal law is only considered to fit the Arabic context. And in Islamic law criminal law is called jinayah which is defined as actions prohibited by shara' which are threatened by Allah SWT with jarimah (punishment) hudud, qishas and diat or ta'zir, in other words, doing or not doing is only considered a criminal offense if a penalty has been determined and threatened against it. The type of research used is qualitative research with comparative descriptive method. The data collection technique in this research is the literature method, which traces the existing literature and carefully examines the data related to the issues discussed. The results of this study are the criminal laws of Indonesia, Malaysia and Brunei Darussalam as regulated in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013 have similarities and differences in terms of determining a criminal act of adultery. When viewed in terms of the definition of adultery in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013, both are not contrary to the provisions of jinayah fiqh. All three have similarities in determining the elements of a criminal act of adultery, namely the element without a legal marriage bond is one of the elements that determine an act of adultery, because if the relationship is based on a legal marriage then automatically the conditions in a marriage have been fulfilled and the relationship is a permissible act
Comparison Of Polygamy Laws Between Indonesia, Egypt And Kenya Maswandi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4224

Abstract

Polygamy is a marriage in which one of the parties having or marrying someone of the opposite sex simultaneously. Experts distinguish the term for a man who have more than one wife with the term polygyny and for a women who have more than one husband use the term polyandry. Therefore, a marriage performed by a man who have more than one wife at the same time called polygyny is not polygamy. Polygamy in Indonesia is regulated in the Marriage Act 1974, KHI and Government Regulation No. 9 of 1975 on the implementation of the law Article 9/1975), for the country of kenya mentioned in Article 49 paragraph 3 of the Kenya Marriage Act of 2014 as well as the law EgyptArticle 11 of Bis law No. 25 of 1929 as amended by law No. 100 of 1985. The research method used is normative legal research with a statute legal approach and a conceptual approach. Results: Indonesia allows polygamy with the permission of the wife and the Religious Court as a form of legal order with maximum limit of four wives, in accordance with the rules contained in the act marriage law and KHI. The Marriage Act of Kenya allow polygamy with the provisions included in the marriage potentially polygamous or polygamous as well as only require voluntary between men and women who will marry without setting limits on the number maximum in polygamy while enurut law Egypt Article 11 Bis of Law No.25 of 1929 as amended by Law No.100 of 1985 husband he must inform his first wife in court of the want to do a second marriage
PENCEGAHAN TINDAK PIDANA PENCURIAN MELALUI PEMBINAAN DAN KONSELING PSIKOLOGI DI DESA PATUMBAK I KECAMATAN PATUMBAK Maswandi, Maswandi; Sitorus, Nanang Tomi; Khairuddin, Khairuddin; Sanjaya, Raja Dewan; Aliya, Najwa
Devote: Jurnal Pengabdian Masyarakat Global Vol. 4 No. 4 (2025): Devote: Jurnal Pengabdian Masyarakat Global, 2025 (In Press)
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/devote.v4i4.4707

Abstract

Community Service in Patumbak-I Village, Patumbak District is a village located in Deli Serdang Regency which is not far from Medan City with a distance of 21.8 km for 47 minutes. Community Service is a follow-up to the collaboration that has been carried out between Medan Area University and the Patumbak-I Village Government. This activity was carried out by conducting legal socialization with the theme "Prevention of Criminal Acts of Theft Through Psychological Guidance and Counseling in Patumbak I Village, Patumbak District". This theme is a very important issue to be conveyed and known so that the public knows the legal consequences of criminal acts of theft. The community service team carried out this service as a form of concern for the Patumbak-I village community by holding discussions on the theme of the service and the community service team did not give limits to participants to ask questions with problems of Criminal Acts of Theft. This service began on July 16-18, 2025 by meeting directly with the participants by carrying out the stages, namely preparation, implementation, and results. The results of the implementation of the activity were evaluated by the community service team regarding public knowledge of the crime of theft after the community service team socialized it so that the information conveyed to the community could be accepted as a whole. The problem experienced by the community was that the Supreme Court Regulation Number 2 of 2012 concerning the Settlement of Limitations of Minor Crimes (Tipiring) and the Amount of Fines in the Criminal Code which provided legal uncertainty to perpetrators of the crime of theft, where the community assumed that the perpetrators were released because the nominal value of the stolen goods was below 2.5 million and were not detained, so the Community Service team conveyed the solutions provided.