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All Journal Reformasi Hukum Trisakti Amicus Curiae
Asep Iwan Iriawan
Fakultas Hukum Universitas Trisakti
Law, Crime, Criminology & Criminal Justice

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UPAYA PAKSA PENANGKAPAN DAN PENETAPAN STATUS TERSANGKA TERHADAP TINDAK PIDANA PENCURIAN Tantio Prabowo; Asep Iwan Iriawan
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (180.153 KB) | DOI: 10.25105/refor.v4i6.15290

Abstract

Although the Pretrial Institution was created as a mechanism of supervision to monitor the legality of investigators' use of their authority, in the reality, investigators continue to exercise their power arbitrarily without regard for the applicable processes and rules. The issue is whether the Gorontalo City Police Resort's arrest of Fadlan Ishak and determination of his status as a suspect was in accordance with Law Number 8 of 1981 regarding the Criminal Procedure Code and Perkap Number 6 of 2019, as well as whether the judge's decision to deny all of the applicant's requests in the Pretrial Court decision Gorontalo State Number 9/Pid.Pra/2020/PN.Gto conforms with the requirements of Perkap Number 6 of 2019 and Law Number 8 of 1981 regarding the Criminal Procedure Code. The research approach uses normative law, with qualitative data management and deductive conclusion-drawing. According to the findings of the investigation, the Gorontalo City Police Resort's forced arrest and determination of the suspect's status was in violation of Article 17, Article 18 paragraph (1), and Article 18 paragraph (2) of the Criminal Procedure Code because it was not supported by an assignment letter or an arrest warrant and was not based on enough preliminary evidence.
KAJIAN KOMPARASI MEDIASI PERCERAIAN PENGADILAN AGAMA INDONESIA DAN MAHKAMAH SYARIAH MALAYSIA: Comparatife Study of Divorce Mediation in Indonesian Religios Court and Malaysia Sharia Court Indra Cahya; Asep Iwan Iriawan
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19780

Abstract

The Religious Courts, one of whose powers is to resolve divorce issues for Muslim people. Before the divorce trial begins, the parties must mediate in court assisted by a mediator. Whereas in Malaysia the Religious Courts are called the Sharia Courts whose duties are to resolve issues related to Islamic matters, if a husband and wife have an agreement to file for divorce, the Sharia Court shall resolve the matter by conducting mediation or sulh first. Sulh is an attempt to reconcile couples in the context of marriage as an attempt to reconcile between husband and wife before the couple is legally divorced and separated. The problem is how are the similarities in divorce mediation between the Indonesian Religious Court and the Malaysian Sharia Court and how are the differences in divorce mediation between the Indonesian Religious Court and the Malaysian Sharia Court. This study uses a descriptive comparative normative research type using secondary data obtained from the literature. Secondary data was analyzed qualitatively by using deductive logic. Based on the results of a comparative study of divorce mediation at the Indonesian Religious Court and at the Malaysian Sharia Court, they have similarities and differences. The similarities are regarding the time of the mediation process and the appointment of mediators, while the differences are regarding the method of conducting the mediation, the requirements of the mediator, the mediation arrangements, the time limit for the mediation process, and the number of mediators.
UPAYA PAKSA PENANGKAPAN DAN PENETAPAN STATUS TERSANGKA TERHADAP TINDAK PIDANA PENCURIAN Tantio Prabowo; Asep Iwan Iriawan
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15290

Abstract

Although the Pretrial Institution was created as a mechanism of supervision to monitor the legality of investigators' use of their authority, in the reality, investigators continue to exercise their power arbitrarily without regard for the applicable processes and rules. The issue is whether the Gorontalo City Police Resort's arrest of Fadlan Ishak and determination of his status as a suspect was in accordance with Law Number 8 of 1981 regarding the Criminal Procedure Code and Perkap Number 6 of 2019, as well as whether the judge's decision to deny all of the applicant's requests in the Pretrial Court decision Gorontalo State Number 9/Pid.Pra/2020/PN.Gto conforms with the requirements of Perkap Number 6 of 2019 and Law Number 8 of 1981 regarding the Criminal Procedure Code. The research approach uses normative law, with qualitative data management and deductive conclusion-drawing. According to the findings of the investigation, the Gorontalo City Police Resort's forced arrest and determination of the suspect's status was in violation of Article 17, Article 18 paragraph (1), and Article 18 paragraph (2) of the Criminal Procedure Code because it was not supported by an assignment letter or an arrest warrant and was not based on enough preliminary evidence.
Co-Authors Indra Cahya Tantio Prabowo