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Bagio Kadaryanto, Bagio
Magister Ilmu Hukum, Universitas Lancang Kuning
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Journal : Collegium Studiosum Journal

 1 
IMPLEMENTASI BIMBINGAN KEAGAMAAN BAGI NARAPIDANA BERAGAMA ALIRAN KEPERCAYAAN TRIDHARMA Manulang, Johanes Gabe Saputra; Kadaryanto, Bagio; Harahap, Irawan
Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i1.1263

Abstract

The observance of religious practices for inmates adhering to the Tridharma faith in Bagansiapiapi City based on Law No. 6 of 2013 has not been properly implemented, as the facilities for religious practices of other faiths are not equal to those already existing. The purpose of this research is to analyze the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City based on Government Regulation Number 32 of 1999 on terms and procedures for the implementation of the rights of correctional inmates, and to analyze the obstacles and efforts to overcome these obstacles in the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City. The method used is sociological legal research. Based on the research results, it is known that the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City has not been fully realized, as some inmates have not fully received the necessary religious guidance. This results in some inmates not receiving the spiritual support they need. Government Regulation Number 32 of 1999 on terms and procedures for the implementation of the rights of correctional inmates emphasizes the importance of fulfilling the rights of inmates, including the right to receive religious guidance.
INKONSISTENSI HUKUM PENGATURAN PENGEMBALIAN UANG HASIL KORUPSI DARI PERSPEKTIF KEPASTIAN HUKUM Qadri, Rahmat Tul; Kadaryanto, Bagio; Winstar, Yelia Nathassa
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1674

Abstract

From the perspective of legal certainty, inconsistency in the regulation of the return of corruption proceeds can create uncertainty in the implementation of the law and the legal process in general. Inconsistency or inconsistency between these three regulations can create confusion in the legal process related to the return of corruption proceeds. Legal certainty is an important principle in the legal system that demands consistency and clarity in the applicable regulations. Therefore, there needs to be an effort to formulate more consistent and comprehensive regulations regarding the return of corruption proceeds to ensure better legal certainty. The purpose of this study is to analyze the legal inconsistency of the regulation of the return of corruption proceeds from the perspective of legal certainty and to analyze the legal consequences of the inconsistency of the regulation of the return of corruption proceeds from the perspective of legal certainty. The method used is normative legal research. Based on the results of the study, it is known that the Inconsistency of the Law on the Return of Corruption Proceeds from the Perspective of Legal Certainty is that the Indonesian legal system is weak in guaranteeing legal certainty. Multi-interpretable legal provisions, the absence of standard asset return mechanisms, and inconsistent judicial practices create confusion in implementation.
PELAKSANAAN PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN PEMBERATAN Meinecky, Ryan; Kadaryanto, Bagio; Pardede, Rudi
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1705

Abstract

Qualified Theft refers to theft committed under certain circumstances or using specific methods that make the crime more severe, and therefore subject to harsher penalties than ordinary theft. This involves two or more individuals collaborating in the act of theft, such as jointly taking possessions. The purpose of this research is to analyze the Implementation of Law Enforcement Against the Crime of Qualified Theft in the Jurisdiction of Pekanbaru, to examine the obstacles in its enforcement, and to explore efforts to overcome those obstacles. The method used is sociological legal research. Based on the findings, law enforcement against the crime of qualified theft in Pekanbaru has not been optimally implemented. This is evident from the continued prevalence of aggravated theft cases, such as motorcycle theft, house and business burglaries, and theft from public facilities—often occurring repeatedly and in close timeframes. The high frequency of such crimes reflects a gap between legal enforcement efforts and the reality of criminal activity in the field. Obstacles to effective law enforcement include: Limited human resources compared to the volume of incoming reports each day, The socio-economic background of offenders—typically from lower-income groups with limited education, A lack of strong evidence and minimal technological support in the evidence-gathering process, Social interference from the perpetrator’s environment, including familial pressure on victims to withdraw their reports. Efforts to overcome these challenges involve: Improving the quality of investigations by strengthening human resources and applying digital technology, Enhancing police-community partnerships through initiatives like neighborhood-based police officers, legal education, and community empowerment via communication and coordination forums (FKPM), Optimizing cross-functional coordination and expediting case handling based on the principles of professionalism and proportionality, Reinforcing scientific investigation techniques such as detailed crime scene processing, forensic evidence collection, and utilizing CCTV footage and digital forensics as supporting evidence.
ANALISIS YURIDIS TERHADAP PENERAPAN UNSUR DILAMPAUINYA BAKU MUTU LINGKUNGAN DALAM PUTUSAN HAKIM PADA KASUS KEBAKARAN LAHAN Sormin, Yohanes Untung; Kadaryanto, Bagio; Harahap, Irawan
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1716

Abstract

The objective of this research is to analyze the Juridical Analysis of the Application of the Element of Exceeding Environmental Quality Standards in Judges’ Decisions on Land Fire Cases, and to examine the legal consequences arising from such application. The method used is normative legal research. Based on the research findings, it is known that the juridical analysis of the application of the element of exceeding environmental quality standards in judicial decisions on land fire cases shows that this element plays a central role in proving the occurrence of environmental pollution or damage. Environmental quality standards serve as objective benchmarks established through regulation to determine whether the environmental condition remains within acceptable limits or has been polluted. In land fire cases, the exceedance of air, soil, or water quality standards becomes strong evidence that an environmental law violation has occurred. However, in judicial practice, the application of this element remains suboptimal. Many court decisions have not used scientific test results related to environmental quality standards as a primary legal consideration. This is due to several factors, including the limited technical capacity of law enforcement officers, weak scientific evidence presented by investigators and prosecutors, and the lack of judges' understanding of technical aspects in environmental law. As a result, many perpetrators of land fires, particularly corporations, are not held fully accountable under the law. Legal consequences of applying the element of exceeding environmental quality standards in judicial decisions on land fire cases include criminal sanctions, the application of the strict liability principle, obligations for compensation and environmental restoration, and administrative sanctions such as revocation of business licenses or suspension of activities
IMPLEMENTASI BIMBINGAN KEAGAMAAN BAGI NARAPIDANA BERAGAMA ALIRAN KEPERCAYAAN TRIDHARMA Manulang, Johanes Gabe Saputra; Kadaryanto, Bagio; Harahap, Irawan
Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i1.1263

Abstract

The observance of religious practices for inmates adhering to the Tridharma faith in Bagansiapiapi City based on Law No. 6 of 2013 has not been properly implemented, as the facilities for religious practices of other faiths are not equal to those already existing. The purpose of this research is to analyze the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City based on Government Regulation Number 32 of 1999 on terms and procedures for the implementation of the rights of correctional inmates, and to analyze the obstacles and efforts to overcome these obstacles in the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City. The method used is sociological legal research. Based on the research results, it is known that the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City has not been fully realized, as some inmates have not fully received the necessary religious guidance. This results in some inmates not receiving the spiritual support they need. Government Regulation Number 32 of 1999 on terms and procedures for the implementation of the rights of correctional inmates emphasizes the importance of fulfilling the rights of inmates, including the right to receive religious guidance.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENCURIAN BUAH KELAPA SAWIT Khadis, Syarif; Kadaryanto, Bagio; Dewi, Sandra
Collegium Studiosum Journal Vol. 8 No. 2 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i2.2023

Abstract

Law enforcement against the criminal offense of oil palm fruit theft in Rokan Hulu Regency demonstrates the importance of synchronizing technical guidelines such as Supreme Court Regulation (Perma) Number 2 of 2012 with higher-level legal instruments, particularly the latest Criminal Code (KUHP). Hans Kelsen’s theory of the hierarchy of norms emphasizes that the validity of lower-level norms must conform to higher-level norms, so that law enforcement officers can perform their duties in a fair, effective, and legally consistent manner. This research is expected to serve as a reference for updating guidelines on the handling of minor criminal offenses, ensuring their alignment with the development of national law and the needs of society. This study is a sociological (empirical) legal research. The findings indicate that law enforcement against oil palm fruit theft in Rokan Hulu Regency through Supreme Court Regulation Number 2 of 2012 has been relatively successful in accelerating case resolution and in applying the principles of restorative justice. Mediation and compensation agreements have proven to be effective mechanisms for cases involving low economic losses, while simultaneously reducing the burden on the courts. Nevertheless, the effectiveness of law enforcement remains constrained by weak coordination among law enforcement agencies and related institutions, public perceptions regarding minor criminal offenses, and limited public understanding of legal procedures. The obstacles in law enforcement against the criminal offense of oil palm fruit theft based on Supreme Court Regulation Number 2 of 2012 in Rokan Hulu Regency include limitations in evidence and documentation, constraints in resources and capacity of law enforcement officers, and inconsistencies between legal norms and the socio-economic conditions of the community. Efforts to overcome these obstacles may be pursued through a progressive legal approach and the consistent application of restorative justice, which are more responsive to social realities while still upholding legal certainty and justice.
Co-Authors Al Qudri Andrew Shandy Utama andrew shandy utama, andrew shandy Andriansah Ansah, Ardi Ardiansah Ardiansah, Ardiansah Ardiansah, Ardiansah Ardiansah, H. Ardiansyah ARDIANSYAH ARDIANSYAH Ardiansyah Ardiansyah Arifin, Dhani Fratama Ariyanto, Yuli Armen Armen Aryanto, Dedy Azmi, H. Bahrun Bery Juana Putra Boy Muhammad Putra Budiarto, Yusuf Burhanuddin Burhanuddin Dela Rahma Disa Lubis Deriansyah Deriansyah Dewiwaty Dewiwaty Eddy Asnawi Fakhlevi, Raja Ferza Fendri Gunawan Fitrianda, Rendi Gunawan, Fendri Gurning, Rijen Gustian, Leo Hanipah Happy Ariyanto Harahap, Irawan Helena Sumiati Hendrik Hendro Wahyudi Irawan Harahap Iriansyah Iriansyah Khadis, Syarif Koto, Arsyad Kurniawan, Ardian luken ferisman lubis Lutfi Wijaya Akmal M Hary Rubianto Manulang, Johanes Gabe Saputra Manurung, Fernando Markoni Marliawati, Sari Masri Masri Maulana Ghalib As Shidqie Maulana Ghalib As Shidqie Meinecky, Ryan Nabella Puspa Rani Nabella Puspa Rani, Nabella Nainggolan, Awet Lestari Nuzul Abdi Oktapani, Silm Oktapani, Silm Pardede, Rudi Poni Wahyudi Prihati Purba, Desi Valentianna Br Putra, Alghoni Bumantara Qadri, Rahmat Tul Rizki Hidayat Rohim Kusuma Putra Roly Irvan Sandra Dewi sandra dewi Sinaga, Candra Herianto Sinaga, Richard Siregar, Anta Arief Siregar, Marito Sitompul, Hasran Irawadi Sormin, Yohanes Untung Sri Dharmayanti Sudargo, Ryan Sudi Fahmi Sudi Fahmi Suparyo Syafrizal Syafrizal Syahri, Alfi Syaputra, Zikir Irwanda Tampubolon, Subiarto Aprido Tamsir, Muhamad Tri Adiyatmika Wijaya, Kurniawan Ade Winstar, Yelia Nathassa Yohanes Iddo Adventa Yoyok Prasetiyo Heru Laksono Lubis Yulhairi Yulhairi