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All Journal Unes Law Review Journal Equity of Law and Governance Journal of Law, Poliitic and Humanities
Syofiaty Lubis
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Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Revenge Porn dalam Perspektif Hukum Pidana Islam Kamarul Hidayat; Syofiaty Lubis
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1204

Abstract

Criminal acts continue to develop along with developments in time and technology, but the law does not keep up with these developments, ultimately creating legal loopholes or the irrelevance of the law to criminal acts. In this study, the approach used is a normative juridical approach. The normative juridical approach is a legal research method that involves analysis of library material or secondary data as the main source to be researched through investigation of regulations and literature related to the issue being investigated. Based on the results of the study, the criminal act of revenge porn based on a judge's decision is prohibited in Islamic criminal law because of the act of adultery and bringing oneself closer to adultery and spreading disgrace with punishments of stoning and whipping as well as ta'zir.
Legal Analysis of The Role of Mediators in The Sibolga Religious Court in Minimizing Divorce Rates Chairun Nabila; Syofiaty Lubis
Journal Equity of Law and Governance Vol. 6 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.6.1.10629.97-102

Abstract

This study aims to analyze the role of mediators in the mediation process of divorce cases at the Sibolga Religious Court and the effectiveness of mediation efforts in minimizing the divorce rate. Based on data from the Sibolga Religious Court, there was a significant increase in the success rate of mediation in 2021 and 2022. In 2021, from a target mediation success rate of 5%, the realization reached 11.36%, more than double the initial target. In 2022, the success of mediation increased again, reaching 20%, aligning with the set target. In addition, the number of divorce cases decreased from 142 cases in 2021 to 127 cases in 2022. This type of research uses qualitative research with data collection techniques through in-depth interviews with mediators and direct observation to the Sibolga Religious Court and relies on legal documents, mediation reports, related laws and regulations, journals, books, and other relevant articles. The results of the study show that mediators have an important role in facilitating communication and negotiation between the parties to the case, helping them reach a peaceful agreement without having to proceed with the divorce. The increase in mediation effectiveness can be attributed to a variety of factors, including mediator training, a more personalized approach, and increased public awareness of the importance of mediation. In conclusion, mediation at the Sibolga Religious Court has proven to be effective in reducing the divorce rate, and with a more intensive strategy, mediation has greater potential to resolve family conflicts.
Application of the Ex Aequo Et Bono Principle to the Reconsidered Arbitration Award (Case Study of the Decision of the Indonesian National Arbitration Board (BANI) NUMBER 43032/VI/ARB-BANI/2020) Irgi Fahreza Chandra; Syofiaty Lubis
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.581

Abstract

In business cooperation agreements, it is important to establish measures to prevent future conflicts. This involves adding a "Dispute Resolution" clause in the agreement, which specifies how to handle conflicts using the application of the ex aequo et bono principle, either through the courts or arbitration. The purpose of the Research is to find out the arbitrators apply the principle of ex aequo et bono in arbitration awards, and the court's authority in handling arbitration award cases that are challenged in court. This research uses an empirical juridical method, which is research that seeks to see the law work in society, By using a case approach and statutory approach which aims to study the implementation of a law or legal rule carried out in legal practice and examine references related to the issue being studied, namely the Decision of the Indonesian National Arbitration Board (Bani) NUMBER 43032/VI/ARB-BANI/2020 jo Medan District Court Decision Number 831/Pdt/G/2021/PN Mdn jo Supreme Court Decision 1371 B/Pdt.sus-Arbt/2022. The results showed that the application of the concept of ex aequo et bono can be done if the parties agree to use this principle but it is carried out carefully by the arbitrator, The authority of the court in examining arbitral awards is limited to the annulment of arbitral awards at the first and appellate levels (Supreme Court), registration of arbitral awards and requests for execution of arbitral awards, However, arbitral awards that have reached the final stage of Appeal (Supreme Court) cannot be sued to the court because it is not the authority of the court to examine the case, this is in accordance with court decision number 326/Pdt.G/2023/PN Mdn.
Implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence Domestic Violence (PKDRT) in the Province of North Sumatra Mutiara, Mutiara; Syofiaty Lubis
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.333

Abstract

Implementation of Law no. 23 of 2004 concerning the elimination of domestic violence aims to prevent and overcome the occurrence of domestic violence. The article states that acts of domestic violence are a form of criminal act. Criminal threats for perpetrators of domestic violence have been regulated in Law no. 23 of 2004. The National Commission for Women's Protection is a national institution that highlights acts of domestic violence. Komnas Perempuan makes various efforts to prevent cases of domestic violence. Komnas Perempuan collaborates with various state institutions and community institutions to prevent cases of domestic violence. Apart from that, Komnas Perempuan also regularly issues CATAHU (annual records) and provides training and campaigns to prevent and suppress cases of domestic violence.
Co-Authors Chairun Nabila Irgi Fahreza Chandra Kamarul Hidayat mutiara mutiara