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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Ajudikasi : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Bakti Masyarakat Indonesia Jurnal Hukum Lex Generalis Journal Indonesia Law and Policy Review (JILPR) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Jurnal Ilmu Multidisplin JGuruku: Jurnal Penelitian Guru Jurnal Serina Abdimas
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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ANALYSIS OF THE IMPOSITION OF CRIMINAL SANCTIONS ON PERPETRATORS OF HOMICIDE OFFENSES WITH PARANOID SCHIZOPHRENIA Banjarnahor, Shalom Inka Nauli; Rasji
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1932

Abstract

A person suffering from a mental disorder cannot be held criminally responsible, as stipulated in Article 44 of the Indonesian Criminal Code. However, some judges still impose criminal sentences on defendants with mental disorders. One example is Supreme Court Decision Number 1675K/Pid/2024, which concerns a murder case committed by an individual diagnosed with Paranoid Schizophrenia. This study aims to examine the legal basis and juridical considerations used by judges in rendering their verdicts, as well as to analyze how Article 44 paragraph (1) of the Indonesian Criminal Code is applied to perpetrators of murder who suffer from Paranoid Schizophrenia. The author adopts a qualitative normative legal research method, focusing on legal norms contained in legislation, court decisions, and prevailing societal norms. Based on the findings, in Supreme Court Decision Number 1675K/Pid/2024, the panel of judges applied a strict interpretation of Article 44 paragraph (1) of the Indonesian Criminal Code. Although the defendant was proven to suffer from Paranoid Schizophrenia, the judges concluded that the disorder did non entirely eliminate the defendant’s awareness or ability to be held responsible for his actions. Furthermore, the application of Article 44 paragraph (1) of the Indonesian Criminal Code to individuals with mental disorders requires careful evaluation of their mental condition based on expert psychiatric assessments. However, in judicial practice, disparities in interpretation and application of this article still occur.
LEGAL IMPLICATIONS OF THE ANNULMENT OF LAND GRANTS DEEDS AND THE LIABILITY OF THE LAND DEED OFFICIAL IN DEED EXECUTION Kartika, Yenni; Rasji
Awang Long Law Review Vol. 7 No. 2 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i2.1957

Abstract

The Deed of the Land Deed Official plays an essential role in guaranteeing legal certainty over the transfer of land rights. However, in practice, violations of formal requirements often occur, such as the failure to read the deed before the parties. This study aims to analyze the validity of a deed of grant that was not read in the presence of the parties, as well as the legal liability of the Land Deed Official for executing a deed that does not comply with the prescribed procedures. This research employs a normative juridical method with a statutory approach and a case study analysis of Decision Number 298/Pdt.G/2021/PN Kpg. The results of the study indicate that a Land Deed Official’s deed that is not read before the parties constitutes a deed with a formal defect, causing it to lose its status as an authentic deed and, consequently, depriving it of full legal evidentiary strength. In addition, a Land Deed Official who neglects the obligation to read the deed may be held legally liable administratively, civilly, as well as ethically under professional conduct standards. In conclusion, the reading of the deed before the parties is not merely a procedural formality, but rather constitutes a form of legal protection and a moral responsibility of the Land Deed Official to ensure validity and fairness in every legal act concerning land affairs.
State Responsibility in Protecting Students in Overseas Internship Programs from Human Trafficking: A Critical Analysis of Regulatory Gaps After the Ferienjob Case Farhan Muhammad Ramadhan; Rasji
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.63013

Abstract

This study aims to analyze state responsibility in protecting international internship students from human trafficking practices, particularly following the Ferienjob case involving thousands of Indonesian students. The research employs a normative juridical approach with analysis of legislation related to overseas citizen protection, the Merdeka Belajar Kampus Merdeka (MBKM) policy, and international legal instruments on human trafficking. The findings reveal significant regulatory gaps in the supervision of overseas internship programs, weak verification mechanisms for organizing institutions, and unclear division of responsibilities among central government, universities, and program organizers. The study concludes that the state has legal obligations to provide preventive protection through strict regulation of MBKM-based internship programs, strengthening risk-based supervision systems, and imposing firm sanctions against organizers proven to exploit students as victims of human trafficking.
The Legal Benefits of Islamic Rural Bank Mergers for the Banking Industry Defilania, Oktri; Rasji
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.66473

Abstract

Mergers are a strategic tool widely used by the banking industry to ensure business sustainability, particularly in the face of capital constraints and increasing competitive risks. In the context of Sharia Rural Banks (BPRS), merger policies are not merely business-oriented but also carry significant legal implications for strengthening the structure of the national sharia banking industry. However, legal studies on the benefits of BPRS mergers tend to remain normative and have not yet been systematically analyzed based on the principle of legal utility. This study aims to analyze the legal benefits of BPRS mergers for the banking industry using a utilitarian approach, as well as to identify the legal and institutional challenges arising from the implementation of such mergers. The research method employed is normative legal research using a statutory approach and a conceptual approach. The legal materials analyzed include laws, regulations issued by the Financial Services Authority, as well as relevant legal doctrines and literature, which are subsequently analyzed qualitatively through deductive reasoning. The research results indicate that BPRS mergers provide concrete legal benefits, including strengthening capital structure, improving bank governance, enhancing the efficiency of supervision by the Financial Services Authority, and increasing customer confidence. Nevertheless, mergers also face challenges such as human resource integration, alignment of work culture, and the risk of short-term profitability decline. This study contributes to enriching the study of Islamic banking law by placing BPRS merger policies within the framework of the legal principle of utility in a more analytical and practical manner.
Co-Authors Abdullah Zimah, Amelia Adre Wiradi, Dio Alexander Nainggolan, Matthew Apriza, Nathania Arya Salwa Aurel Aprilia Annisya Trisetya Aurelius Steven Beale Banjarnahor, Shalom Inka Nauli Bayu Prasetyo, Bayu Bravo, Antonio Defilania, Oktri Delicia, Nadya Frisca Desy Agatha Sari Eka Aprilia Ellen Juwita, Dhiny Farell David Trawocoadji Farhan Muhammad Ramadhan Febriany Fernandha, Rizqy Dini Goldwen, Filshella Harry Harmono Ida Kurnia Imanuela, Pricillia Inas Tsabitah, Talitha Jusuf Habibie Hasta, Baharuddin Kartika, Yenni Louissa Nobel Tan Matheus, Juan Melia Metanoya, Finsri Michele Fedryca Michelle Audrey Serena Neshya Rusli, Vennia Noble Effendi, Kevin Octavia, Christine R. Rahaditya R.M. Gatot P Soemartono Rafliyansyah Sandra Dewi Putri Pahlawan Sebastian Matondang, Matthew Mikha Shalom Inka Nauli Banjarnahor Sofian Syahril, Shintamy Nesyicha Syamsiar, Syamsiar Vera Tua Tobing Whisnu Aji P. S Yohanes Yuniati Zayyan Syafiqah Aggistri