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Implementasi Perbandingan Asas Equality Before The Law Dalam Sistem Peradilan Pidana Di Indonesia Dengan Negara Lain Amri, Ahmad Ihsan; Anggono, Bayu Dwi
Al-Syakhsiyyah: Journal of Law & Family Studies Vol. 6 No. 1 (2024)
Publisher : Fakultas Syariah IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.8958

Equality before the law is one of the most important and powerful principles in Indonesia's system of law enforcement. As a law-abiding state, certainly the application of this principle illustrates that every citizen has the same degree or position in the law without exception. The law presented no distinction for any party, it was expressly explained in chapter 27 of the verse (2) the 1945 law. The study aims to see if there is a link between the principle of equality before the law and Indonesia's criminal justice system and how it applies. In writing the study using the normative type of legal study method using the research approach: a legal approach, a conceptual approach and compartive approach. From this study, the conclusion is that the implemntation of equality before the law must be interpreted dynamically, not statically, both in Indonesia and other countries. This means that Indonesia, Jerman and Belanda view that equality before the law must be harmonized with the same treatment for everyone. Justice carried out by the state must provide benefits to all people, and the ask of law is to maintain justice so that it can reach all people without exception. Everyone has the same acces to justice regardless of whether they are rich or poor.

Criminal Liability Against Child Exploitation Perpetrators by Educators in Islamic Boarding Schools Amri, Ahmad Ihsan
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 4 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i4.180

The children exploitation that occurs within the scope of Islamic boarding schools is increasing and it is required for strict supervision from the government to take preventive measures against this crime even though the implementation of Islamic boarding schools that regulated in Law of the Republic Indonesia No. 18/2019 concerning Islamic Boarding Schools. The aims of this research is divided into two types, to examine the effectiveness of positive law in Indonesia in law enforcement cases of crimes against children as victims and examine the legal sanctions from the actions of educators who exploit children in the Islamic boarding school environment; also, to fulfillment of academic requirements of researcher to complete the task of child criminal course at the Postgraduate of Law Faculty in Narotama University Surabaya and add theoretical and practical knowledge in legal science, especially in criminal law. The method used is juridical-normative method combined with conceptual, statutory and case approach. The source data of this research consist of primary, secondary, and tertiary legal materials. In addition, the data collection used library research. The criminal sanctions for perpetrators of child exploitation in Islamic boarding schools are regulated in the Child Protection Law in Article 761 and Article 88 which the perpetrator is threatened with a maximum imprisonment of 10 years and a maximum fine of IDR 200,000,000,- and the child as a victim can apply for restitution rights or compensation based on Government Regulation No. 43/2017 concerning the Implementation of Restitution for children who are victims of criminal acts.

CRIMINAL LIABILITY OF ONLINE MONEY LENDERS Amri, Ahmad Ihsan; Fatmawati, Dr. Nynda
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.275

Although it is most commonly associated with financial loans, a loan is a kind of liability that can include any kind of tangible asset. Similar to other debt instruments, loans involve the redistribution of financial assets over time between the debtor and the lender. Online loans are financial assistance provided by financial institutions in which the loan application is conducted using an application controlled by the financial institution. The availability of online loans makes the loan application procedure easier, faster, and less complicated. Legal research using juridical normative research methods was conducted to understand the legal issues and legal relationships of criminal liability of online lenders. This research aims to examine the effectiveness of positive law in Indonesia in law enforcement of online money lending criminal cases and examine the actions of online money lending criminal offenders who make threats, especially through cell phones, have clear legal sanctions as an effort to protect online money loan recipients. This criminal liability is in the form of punishment. There are criminal sanctions for companies or individuals including debt collectors as part of fintech lending who commit violations in the form of disclosure of personal data subject to Article 32 juncto (jo) Article 48 of the amendment to the Bill of Act on Electronic Information and Transaction.

Implementasi Perbandingan Asas Equality Before The Law Dalam Sistem Peradilan Pidana Di Indonesia Dengan Negara Lain Amri, Ahmad Ihsan; Anggono, Bayu Dwi
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 6 No. 1 (2024)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v6i1.8958

Equality before the law is one of the most important and powerful principles in Indonesia's system of law enforcement. As a law-abiding state, certainly the application of this principle illustrates that every citizen has the same degree or position in the law without exception. The law presented no distinction for any party, it was expressly explained in chapter 27 of the verse (2) the 1945 law. The study aims to see if there is a link between the principle of equality before the law and Indonesia's criminal justice system and how it applies. In writing the study using the normative type of legal study method using the research approach: a legal approach, a conceptual approach and compartive approach. From this study, the conclusion is that the implemntation of equality before the law must be interpreted dynamically, not statically, both in Indonesia and other countries. This means that Indonesia, Jerman and Belanda view that equality before the law must be harmonized with the same treatment for everyone. Justice carried out by the state must provide benefits to all people, and the ask of law is to maintain justice so that it can reach all people without exception. Everyone has the same acces to justice regardless of whether they are rich or poor.

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