Claim Missing Document
Check
Articles

Found 27 Documents
Search

Analisis Konsep Pemidanaan Residivisme (Studi Pebandingan UU No 1 Tahun 2023 Dan KUHP Lama) Ibrahim; Mhd Azhali Siregar; Rahmayanti
Judge : Jurnal Hukum Vol. 6 No. 11 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i11.2539

Abstract

Hukum pidana memiliki peranan penting dalam menjaga ketertiban dan menegakkan keadilan di masyarakat. Salah satu aspek yang menarik untuk dikaji adalah konsep pemidanaan residivisme, yaitu keadaan ketika seseorang melakukan tindak pidana berulang setelah dijatuhi hukuman. Dalam sistem hukum Indonesia, pengaturan mengenai residivisme mengalami perkembangan dari KUHP lama (Wetboek van Strafrecht) menuju KUHP baru (Undang-Undang Nomor 1 Tahun 2023) yang membawa perubahan paradigma dari pendekatan retributif menuju pendekatan yang lebih proporsional dan rehabilitatif. Penelitian ini bertujuan untuk menganalisis pengaturan pemidanaan residivisme dalam KUHP lama dan KUHP baru. Jenis penelitian yang digunakan adalah penelitian hukum yuridis normatif dengan pendekatan perbandingan Hukum. Diharapkan hasil penelitian ini dapat memberikan kontribusi dalam pengembangan ilmu hukum pidana, khususnya dalam pembaruan konsep residivisme yang selaras dengan prinsip kepastian hukum, keadilan substantif, dan proporsionalitas..
Legal Protection of Workers in Employment Termination Disputes in North Sumatra: Between Legal Certainty and Social Justice Rika Jamin Marbun; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.5502

Abstract

This study analyzes the legal protection of workers in employment termination disputes in North Sumatra by examining the relationship between legal certainty and social justice. Employment termination remains a critical labour issue because it affects workers’ economic security, access to welfare, and bargaining position in industrial relations. Although Indonesian labour law provides formal protection through termination procedures, severance rights, compensation mechanisms, and industrial relations dispute settlement, practical barriers continue to limit workers’ access to substantive justice. This study applies a socio-legal approach by examining statutory regulations, relevant legal documents, court-related materials, and the practical context of employment termination disputes in North Sumatra. The findings show that legal protection is formally available through Law No. 13 of 2003, Law No. 2 of 2004, Law No. 6 of 2023, and Government Regulation No. 35 of 2021. However, workers still face unequal bargaining power, limited legal knowledge, financial constraints, lengthy dispute resolution processes, and difficulties in enforcing their rights. Employment termination disputes in North Sumatra commonly involve the legality of termination, procedural compliance, severance pay, compensation rights, and access to dispute resolution mechanisms. The study concludes that effective worker protection cannot rely solely on formal legal certainty, but must also incorporate social justice through accessible, fair, and responsive dispute resolution. This article contributes to labour law scholarship by offering a regional socio-legal analysis that integrates legal certainty and social justice in employment termination disputes.
Legal Study of the Implementation of the Integrated Assessment Team (TAT) for Suspects Allegedly Narcotics Abusers at the National Narcotics Agency, Langkat Regency Netty BR. Siahaan; Rahmayanti; Ismaidar
International Journal of Society and Law Vol. 3 No. 3 (2025): December 2025
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v3i3.704

Abstract

This study aims to analyze the application of the Integrated Assessment Team (TAT) to suspects suspected of being narcotics abusers at the National Narcotics Agency (BNNK) of Langkat Regency from a juridical perspective. TAT is a mechanism formed based on Law Number 35 of 2009 concerning Narcotics, by involving medical and legal elements to provide recommendations for appropriate treatment for narcotics abusers. The procedure for implementing TAT starts from submitting an assessment application by investigators, administrative examinations, medical and legal assessments, to determining recommendations in the form of medical and social rehabilitation or follow-up legal processes. The results of the study show that the implementation of TAT at BNNK Langkat in general is in accordance with the provisions of the law, where most suspected narcotics abusers are recommended to undergo rehabilitation. However, several obstacles were still found, including the limitations of rehabilitation facilities, differences in perception between TAT elements, and public stigma against narcotics abusers. Therefore, the existence of TAT is very important to realize more humane, proportional, and fair law enforcement, while supporting rehabilitation efforts for narcotics abusers in Lalat Regency.
LEGAL DISCOVERY AND JUDGES' LEGAL REASONING IN RESOLUTION OF CORRUPTION CASES IN INDONESIA Briski Viktor H. Sinaga; Rahmayanti; Derta Simbolon; Lume Hetty Alphani Simbolon
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i4.166

Abstract

Corruption is an extraordinary crime that requires a progressive legal approach, including in the process of legal discovery by judges. The complexity of the methods and the development of state losses mean that the application of laws does not always provide certainty in resolving cases. Therefore, legal reasoning is a crucial instrument for emphasizing the principles of justice, certainty, and expediency. This study aims to analyze the legal discovery model in corruption cases and how judges construct legal arguments in their decisions. The research method uses a normative legal approach through analysis of laws, legal principles, and court decisions. The results of the study indicate that legal discovery is necessary in corruption cases involving legal loopholes, multiple interpretations of state losses, and indirect evidence. Legal reasoning can strengthen the legitimacy of decisions and serve as the basis for responsive legal development.
IMPLEMENTATION OF THE REHABILITATION PROGRAM FOR NARCOTICS INMATES AT THE CLASS IIB CORRECTIONAL INSTITUTION OF LUBUK PAKAM Deskia Renata Br. Sitorus; Andry Syafrizal Tanjung; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i4.172

Abstract

The narcotics problem in Indonesia continues to rise, with one-third of inmates convicted of drug offenses. This study analyzes the implementation and challenges of the rehabilitation program at the Class IIB Correctional Institution of Lubuk Pakam using a normative-empirical juridical approach. The program follows relevant regulations through WHO-ASSIST screening, assessment, staged rehabilitation, and post-rehabilitation. Cooperation with the Titian Harapan Indonesia Foundation has proven effective, with 85% of participants experiencing improved quality of life. Main obstacles include limited qualified personnel, infrastructure, coordination, and funding. Optimization requires capacity building, infrastructure improvement, partnership expansion, and increased financial support.
CRIMINAL RESPONSIBILITY AGAINST VILLAGE HEADS WHO COMMIT CRIMINAL ACTS OF VILLAGE FUND CORRUPTION Utreck Ricardo; Yasmirah Mandasari Saragih; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1599

Abstract

Corruption is a special criminal act. One form of equitable and just national development is development carried out not only in urban areas, but also in rural areas through the provision of Village Funds from state finances. However, the state's efforts, in this case the central government, to develop villages seem to be hampered by criminal acts of corruption committed by unscrupulous Village Heads. The problem formulation that will be the main topic of discussion is what are the legal procedures for managing Village Funds which originate from State Finance? What is the criminal responsibility for individual Village Heads who commit criminal acts of Village Fund corruption? This research is normative juridical research, namely research that refers to legal norms contained in Legislation, Court Decisions and legal norms that exist in society regarding what happens in reality in society which is related to the research material. In this research, it can be concluded that individual Village Heads who commit criminal acts of Village Fund corruption can be charged under Article 2 or Article 3 in conjunction with Article 18 Paragraph (1) letter b of Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to the Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption Crimes. The author's advice to law enforcement officials, especially the justice profession, is to prioritize the principles of law enforcement in deciding cases and in giving punishment to corruptors in Indonesia.
IMPLEMENTATION OF LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE CRIMES (RESEARCH STUDY INTEGRATED SERVICE CENTER FOR WOMEN'S AND CHILDREN'S EMPOWERMENT IN THE CITY OF BANDA ACEH) Fadillah Aditya Pratama; Ismaidar; Rahmayanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1600

Abstract

Children are a gift from God Almighty that we must always protect because in Him the dignity and rights inherent in the whole human being must be respected and protected. Child protection is a series of activities aimed at guaranteeing and protecting children and their rights so that children can live, grow, develop and participate optimally in accordance with their dignity, human rights, and are protected from violence and discrimination. As required by the 1945 Constitution of the Republic of Indonesia, Article 28B paragraph (2). Child protection activities are legal activities with legal consequences. Therefore, there is a need for legal protection efforts for child protection activities. This research focuses on how the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in the city of Banda Aceh protects children's rights and the factors that hinder them. In this research, the research method that the author uses in this research uses empirical juridical methods and the author uses Observational Research methods. The data source for this research is analytical descriptive and comes from primary data from interviews with subjects and secondary data from books, journals, articles, theses, seminars and literature on the issues discussed in the Law. This research draws conclusions from general things to specific things. The conclusion from this research is that the efforts made by the government and the state to protect children who are victims of sexual violence are actually acceptable. However, there are several things that need to be considered in order to provide optimal protection to children as expected. Several factors that cause these difficulties include obstacles in the field which result in existing regulations appearing to be not as effective as expected.