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Immunity Rights of Experts Who Provide Statements in Trials (Study Decision No: 47/Pdt.G/LH/2018/PN Cbi) Mansyah, Muh Sutri; Suhartono, Rizki Mustika; Salad, Hariasi; Dewi, Rasmala; Bimasakti, David Haryo
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 2 (2023): The Digest, December 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i2.75767

Abstract

This paper investigates the critical issue of immunity rights for experts who provide statements in trials, with a specific focus on the analysis of Decision No: 47/Pdt.G/LH/2018/PN Cbi. Employing a normative research approach, the study adopts a comprehensive methodology, encompassing a case and statutory perspective alongside grammatical and systematic interpretation. The pivotal finding of the research centers on the rejection of a lawsuit by the Panel of Judges, attributing it to the absence of relative competence in the presented case. Notably, the decision contains a notable directive, proposing that "experts in the future should have the right not to be prosecuted criminally." This forward-looking perspective accentuates the significance of extending immunity rights to experts. The paper underscores the urgent need for recognizing and formalizing these rights within the legal framework, advocating for the incorporation of immunity provisions for experts in the Witness and Victim Protection Law. The research contributes to the broader discourse on legal reforms, highlighting the evolving landscape concerning the legal status and protection of experts involved in legal proceedings. In navigating these complex legal dynamics, this paper calls for a proactive approach from policymakers and legislators to address and safeguard the immunity rights of experts, ensuring a fair and conducive environment for their participation in legal processes.
The Judge's Paradigm In Deciding Criminal Cases Of Sexual Violence From A Victimological Perspective Muh Sutri Mansyah; Hadi Supriyanto; Kaswandi; Erick Bason; Sulayman
Buana Gender: Jurnal Studi Gender dan Anak Vol. 9 No. 1 (2024)
Publisher : Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/bg.v9i1.8666

Abstract

Criminal acts of sexual violence are widespread in society, and the aim of the research is to study and analyze a decision. The research methods used by researchers are normative juridical with case, statutory, and philosophical approaches. The primary legal material is the Sexual Violence Crime Law and Decision Number 72/Pid.Sus/2023/PN.Bau. while secondary materials: books, journals, etc., the interpretation used is grammatical and systematic interpretation. The results of the research show that the paradigm used by the Panel of Judges does not have a victimology perspective, as evidenced by the statement expressed by the victim witness who explained that the defendant was not the perpetrator of a crime of sexual violence, while the actual perpetrator had been appointed by the victim witness based on the photo submitted by the Counselor. The law and the perpetrator are still at large, while the defendant was legally and convincingly found guilty of committing the crime of sexual immorality. Therefore, the Panel of Judges ignored the facts of the trial. Apart from that, the panel of judges did not interpret the victim's witness statement as a standalone piece of evidence as regulated in the Sexual Violence Crime Law. So the author's suggestion is that it is important for the judge to have the victim's perspective, in this case, what the victim said is information that must be acknowledged at trial and It is necessary to evaluate the panel that examined and decided the case.
Edukasi Trend Kejahatan Cyber Pada SMA Negeri 2 Baubau Mashendra, Mashendra; Salam, Safrin; Kahar, Amrun; Satria, Eko; Karim, La Ode Muhammad; Mansyah, Muhammad Sutri; Rahim, Abdul; Serah, Yayan
Journal of Community Development Vol. 5 No. 2 (2024): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/comdev.v5i2.291

Abstract

In an increasingly digitally connected world, it is imperative to provide education on network and information technology crime trends. Where networks and information technology are an integral part of everyday life. Nevertheless, a small number of individuals are vulnerable to cybercrime, including data theft, phishing emails, and computer viruses, as a result of a lack of education and understanding of information technology trends. Therefore, it is imperative to have a comprehensive understanding of cybercrime threats, including phishing, scam/malware viruses, and Distributed Denial of Service (DDoS) attacks on a network. This will increase awareness and security in the use of information technology in the community, especially among students of SMA Negeri 2 Baubau, Southeast Sulawesi Province, Indonesia. The method used to implement abdimas for students of SMA Negeri 2 Baubau. This method consists of four stages: Laying the groundwork, planning, information gathering/analysis, and following up on findings The results of the students' CPD activities showed an increased awareness and understanding of cyber threats and how to protect themselves online. Indicators of success are changes in student behavior in safer internet use, such as changing passwords regularly and being more careful in sharing personal information online. It is hoped that this education on crime trends in the field of information technology and networking can be useful in developing self-awareness, self-protection, and mitigating the impact of cybercrime attacks in the digital realm.
LPSK Integration At The Investigation Stage In Fulfilling The Rights Of Victims Of Sexual Violence Muh Sutri Mansyah; Edy Nurcahyo; Kaswandi; Hasirudin Hasri; Hayun; Darojatun Andara; Muh. Ramlan; Sambar
Jurnal Hukum Volkgeist Vol. 8 No. 2 (2024): JUNE
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v8i2.5265

Abstract

Fulfilling the rights of victims of criminal sexual violence is very important, starting from procedural rights, medical rights, psychological rights, and physical protection, but is often forgotten by law enforcement officials. This research will analyze the LPSK integration model at the investigation stage in fulfilling the rights of victims of criminal sexual violence. This research uses normative juridical, legislative research approaches, primary legal materials on the Witness and Victim Protection Law, the Sexual Violence Crime Law. Secondary legal materials, journals, books and other references that have relevance to this research. The analysis technique used is descriptive analytical, the interpretation used is systematic and grammatical. The results of the research state that the LPSK integration model at the investigation stage has been regulated in Article 43 of the Sexual Violence Law, within 1 x 24 (one time twenty four) hours from the granting of temporary protection, the investigator is obliged to submit a request for protection to the LPSK. However, problems arise if the investigator does not apply for protection or ignores these legal obligations. This creates a legal vacuum. Future suggestions for the government and law enforcement agencies need to align perceptions regarding the protection of victims of sexual violence and the involvement of LPSK in the criminal justice system. In this way, it is hoped that the rights of victims can be fulfilled.
Perlindungan Data Korban Kekerasan Seksual dalam Sistem Informasi Pelacakan Perkara Pengadilan: Bahasa Indonesia Mansyah, Muh Sutri; Kaswandi; Hasirudin Hasri; Hayun; Rasmala Dewi; Darojatun Andara; Edy Nurcahyo
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 11 No 1 (2024): Volume 11 Nomor 1 Juni 2024
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v11i1.46451

Abstract

The Case Tracking Information System is a system established by the Supreme Court which functions to track a case. However, in reality, it has been found that sensitive information regarding victims of sexual violence, such as names that should be kept confidential, is disclosed. The purpose of this research is to examine and evaluate the case tracking information system regarding data on child victims and to develop an ideal model for protecting the data of victims of sexual violence within the case tracking information system. The research method used is normative juridical research with a case approach, statutory regulations, and conceptual approaches. The research findings indicate that five laws (the Witness and Victim Protection Law, the Sexual Violence Crime Law, the Personal Data Protection Law, the Juvenile Justice System Law, and the Child Protection Law) regulate the confidentiality of victims to prioritize the best interests of children as the nation's future generation. However, in reality, it has been found that some courts, such as the Baubau District Court, display information such as the victim's name, while the Pasarwajo District Court in SIPP only displays the victim's data in the form of a pseudonym, namely a child witness.
Menghilangkan Alat Bukti oleh Penyidik Tindak Pidana Korupsi Sebagai Upaya Obstruction Of Justice Mansyah, Muh Sutri; Ali, La Ode Bunga
Ekspose: Jurnal Penelitian Hukum dan Pendidikan Vol. 18 No. 2 (2019)
Publisher : Institut Agama Islam Negeri (IAIN) Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ekspose.v18i2.487

Abstract

Abstract: This article aims to find out and analyze the elimination of evidence by corruption investigators as an attempt to obstruction of justice, here the author uses normative juridical research with a legal approach and a case approach, this is motivated by every case of corruption from the process of investigation, investigation, prosecution, examination in the court, to the verdict and implementation of the verdict. as it is a process in the criminal justice system, a case can be followed up based on at least 2 (two) evidence, but problems arise if it turns out that the evidence is allegedly removed by the investigator, the question will arise whether by removing the evidence by the investigator as an obstruction effort of justice, the results of the study that removing evidence could include efforts to obstruction of justice which are acts of crime and investigators must be criminally responsible according to Article 21 of Act No. 20 of 2001 amendment to Law No. 31 of 1999 concerning Eradication of Criminal Acts Corruption.Abstrak: Artikel ini bertujuan untuk mengetahui dan menganalisis mengenai menghilangkan alat bukti oleh penyidik tindak pidana korupsi sebagai upaya obstruction of justice, disini penulis menggunakan jenis penelitian yuridis normatif dengan pendekatan perundang-undangan dan pendekatan kasus, hal ini dilatar belakangi setiap kasus tindak pidana korupsi tentunya akan dimulai dari proses penyelidikan, penyidikan, penuntutan, pemeriksaan di pengadilan, sampai penjatuhan vonis dan pelaksanaan putusan. sebagaimana hal tersebut merupakan proses dalam sistem peradilan pidana, suatu kasus dapat ditindak lanjuti berdasarkan minimal 2 (dua) alat bukti, namun muncul permasalahan jika ternyata alat bukti diduga dihilangkan oleh penyidik, maka akan timbul pertanyaan apakah dengan menghilangkan alat bukti oleh penyidik sebagai upaya obstruction of justice, maka hasil penelitian bahwa menghilangkan  alat bukti dapat termasuk upaya obstruction of justice yang merupakan perbuatan tindak pidana dan penyidik harus bertangungjawab secara pidana menurut pasal 21 Undang-Undang No 20 Tahun 2001 perubahan atas Undang-Undang No 31 Tahun 1999 tentang Pemberantasan Tindak Pidana Korupsi.
Islamic Legal Perspective on Data of Child Victims of Sexual Violence: A Case Study of the Indonesia’s Court Gurusi, La; Mansyah, Muh Sutri; Lee, Kirsty; Purnamasari, Yety; Alfajar, Subhan
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 2 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i2.28358

Abstract

The Case Tracking Information System (SIPP), established by the Supreme Court, is designed to facilitate the tracking of legal cases. However, concerns have arisen regarding data leakage of victims of sexual violence. This study seeks to analyse and evaluate the protection of personal data of victims of sexual violence published in the SIPP Court, particularly from an Islamic law perspective. Employing a socio-legal research method, the study integrates case, statutory, and conceptual approaches. Primary legal materials include laws and regulations relevant to victim protection, while secondary legal materials are sourced from relevant journals, books, and literature. The analysis was performed using a descriptive technique with grammatical and systematic interpretations. The results of the study show that five laws (Witness and Victim Protection Law, Sexual Violence Crime Law, Personal Data Protection Law, Juvenile Criminal Justice System Law, and Child Protection Law) regulate victim confidentiality to prioritise the best interests of children as the next generation of the nation. Despite these legal provisions, practical discrepancies persist. For example, in the SIPP of the Baubau District Court, sensitive details such as victims’ names are accessible, whereas the Aceh District Court only displays anonymised data, using aliases like "child witness." From the Islamic perspective, as derived from the Quran and Hadith, Muslims are prohibited from approaching adultery, and people who commit adultery will be punished both in this world and in the hereafter. The implication of personal data protection for victims of sexual violence, associated with Maqashid Syariah, is that the protection of the soul (hifz al-nafs) and mind (hifz al-‘aql) of children is part of the collective responsibility borne together by the family, society, and government. Therefore, it is important to reevaluate and reconstruct the protection of child victim data in SIPP
PENYULUHAN HUKUM TENTANG PENCEGAHAN DAN PENINDAKAN KEKERASAN DALAM RUMAH TANGGA Muh Sutri Mansyah; Hasirudin Hasri; Hayun Hayun; La Ode Muhammad Karim; Edy Nurchyo; La Ode Bunga; Zudin Zudin; Vera Merdekawati
RAMBIDEUN : Jurnal Pengabdian Kepada Masyarakat Vol. 7 No. 2 (2024): Rambideun: Jurnal Pengabdian Kepada Masyarakat
Publisher : LPPM Universitas Al Muslim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51179/pkm.v7i2.2433

Abstract

This Community Service Activity aimed to provide knowledge and understanding about preventing and taking action against Domestic Violence in Sampuabalo Village, Buton Regency. It is hoped that this activity will be able to provide legal awareness about how to prevent and take action against domestic violence. The methods for carrying out activities were counseling, lectures and discussions. The results of the implementation of thiscommunity service activities showed that there are efforts to increase public knowledge and awareness, one of which is in the form of legal education to the Sampuabalo Village Community and the participants who attended were dominated by people who were married, and the participants looked very enthusiastic and the community even hoped for further legal education so that they could increase their knowledge about law.
PERLINDUNGAN SAKSI PERKARA PERCERAIAN YANG MEMBERIKAN KETERANGAN DALAM PERSIDANGAN Muh Sutri Mansyah; La Ode Bunga Ali
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.702

Abstract

Witnesses who provide testimony at divorce trials often experience threats and even legal action. Meanwhile, regulations regarding witness protection are still inadequate. The aim of the research is to analyze and examine the urgency of protecting witnesses in giving information in divorce cases in religious courts and what is the best model for witness protection. The research method used is normative juridical using a statutory approach, primary data namely the Witness Protection Law and the 1945 Constitution of the Republic of Indonesia. The results of the research state that the role of witnesses in divorce cases is very important, but witnesses need protection based on 709 requests for non-criminal cases rejected by the Protection Agency Witnesses and Victims (LPSK) because it is not their authority in the Witness and Victim Protection Law and criminal witnesses are the only ones regulated in the Witness and Victim Protection Law so that non-criminal witnesses cannot be protected even if a request for protection of non-criminal witnesses is found. The shift in legal interests in divorce cases does not depend on the Plaintiff or Defendant, but the presence of witness protection needs to be considered. After all, witnesses are a form of evidence that must be given their rights. There is a vacuum in the law for witness protection in divorce cases, so it is necessary to revise the Witness and Victim Protection Law in the future.
Penyuluhan Hukum Pencegahan Kekerasan dalam Rumah Tangga sebagai Upaya Penanggulangan Kejahatan Muh Sutri Mansyah; Edy Nurcahyo; Zudin Zudin; Abdul Razak; La Ode Muhammad Karim; Rizki Mustika Suhartono; Darojatun Andara
TAAWUN Vol. 4 No. 01 (2024): TA'AWUN FEBRUARY 2024
Publisher : Pusat Penelitian Pengabdian Pada Masyarakat Sekolah Tinggi Ilmu Tarbiyah Al-Fattah Siman Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37850/taawun.v4i01.625

Abstract

This Community Service aims to provide knowledge and understanding about preventing and dealing with domestic violence in Sampuabalo mur Village, Buton Regency. It is hoped that this Community Service will be able to provide legal awareness about how to prevent and take action against domestic violence. The methods used in this activity are counseling, lectures, and discussions. The analysis technique used is interviews. The results of the research show that one of the effective efforts to increase public knowledge and awareness is legal counseling carried out in front of the Sampuabalo Village Community the participants present were predominantly married people and were very enthusiastic the community hoped that more legal counseling would be needed so that they could increase their knowledge about the law.