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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) International Journal of Humanities Education and Social Sciences Journal of International Islamic Law, Human Right and Public Policy
Ferry Irmawan
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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Related Case Of Current Process Of Claiming Oleh Children Through Restorative Justice In The Way Of Law Polres Binjai Ferry Irmawan; Firman Halawa; Muhammad Arif Sahlepi
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 3 No 5 (2024): IJHESS APRIL 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v3i5.1000

Abstract

Traffic accidents involving juvenile perpetrators often raise controversy in the implementation of criminal law, causing much polemic. The view that the legal process should be carried out and enforced without the rule of law and law enforcement is that the "passage" that includes the delict of guilt, that is, at the time of driving the vehicle to cause the occurrence of an accident and resulting death of the victim, should still be processed legally. The large number of traffic accidents involving minors is a serious concern for parents and governments. The State of Indonesia guarantees a basic principle of the application of the law to the child, which we can see in Article 16, Paragraph 3, of the Act No. 35 of 2014 on the Protection of the Child, which states that “arrest, detention, or criminal imprisonment is only carried out when it is in accordance with the applicable law and can only be done as a last resort. The concept of restorative justice in the settlement of traffic accident cases is intended to realize a shift of the criminal settlement process out of the criminal court process and resolved through the process of divorce. The police action in settling the traffic accident case by a minor child is to begin with the operation of the Place of Evidence of Things (TCP), to make news of the event, to carry out the investigation process, and to give time to the victims and perpetrators to punch. From this process begins the restorative justice, so that if the victim and the perpetrator are willing to peace and the offender is willing to pay damages, the parties make a peace declaration
IMPLEMENTATION OF THE ROLE OF THE PROSECUTION IN EFFORTS TO MANAGE PROOF EVIDENCE CRIMINAL ACTS OF CORRUPTION Ferry Irmawan; Yasmirah Mandasari Saragih; Ahmad Novaisal; Riki Hamdani; Sony Prayudha Winata
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 2 No. 11 (2023): OCTOBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v2i11.295

Abstract

The prosecutor's office is the only state institution which is a government apparatus that has the authority to delegate criminal cases, prosecute perpetrators of criminal acts in court and carry out decisions and decisions of criminal judges. This power is a characteristic of the prosecutor's office which differentiates it from other law enforcement institutions or agencies. other. In implementing the Judge's decision, the Prosecutor has the authority to execute the evidence by destroying or confiscating it for the benefit of the state or returning the evidence to its rightful owner in accordance with the decision determined by the Panel of Judges. In the event of confiscation of evidence for state interests, the Indonesian Prosecutor's Office also plays a role in managing the evidence. The prosecutor's office uses several methods or mechanisms to manage this evidence, which in practice is very important and crucial, especially in the use and income of state treasury. Based on the research results, it was found that regarding the management of evidence obtained by investigators, it cannot necessarily be managed by the prosecutor's office, but rather has a process so that it can ultimately be confiscated for the state and managed by the prosecutor's office. This process is important for the internal bureaucracy of the Prosecutor's Office as well as the transparency and efficiency of the work carried out by the Prosecutor's Office.
A RESTORATIVE JUSTICE APPROACH IN THE IMPLEMENTATION OF THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA Ahmad Novaisal; Ferry Irmawan; Riki Hamdani; Sony Prayudha Winata; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.17

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
JURIDICAL REVIEW OF ONLINE GAMBLING CRIME IN NORTH SUMATERA Yasmirah Mandasari Saragih; Ferry Irmawan; Sony Prayudha Winata; Riki Hamdany
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 1 (2023): April (April-June)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i1.1040

Abstract

Law enforcement is carried out by law enforcers. In addition to depending on the legal awareness of the community, the implementation of law in society is also very much determined by law enforcement officials. Law enforcement by the National Police against perpetrators of online gambling crimes at the North Sumatra Regional Police is carried out based on the provisions of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions. Law enforcement against perpetrators of online gambling crimes in the police. The increasing mode of online gambling crime is not accompanied by an increase in the quality and quantity of Polri personnel. Lack of mastery of information technology by investigators in uncovering perpetrators of online gambling crimes. Lack of identity of the perpetrators and lack of witnesses. Lack of evidence in the filing process. The lack of cooperation that exists between the Police and providers and the public to obtain information related to online gambling crimes. The lack of cooperation that exists between the Police and the Public Prosecutor in the process of investigating criminal acts of online gambling. This research has a formulation of the problem of how the efforts of the North Sumatra Regional Police in eradicating online gambling crimes in North Sumatra and how legal sanctions for perpetrators of online gambling crimes also have normative and juridical research methods that are linked to laws and all opinions of legal experts. The lack of cooperation that exists between the Police and the Public Prosecutor in the process of investigating criminal acts of online gambling. This research has a formulation of the problem of how the efforts of the North Sumatra Regional Police in eradicating online gambling crimes in North Sumatra and how legal sanctions for perpetrators of online gambling crimes also have normative and juridical research methods that are linked to laws and all opinions of legal experts. The lack of cooperation that exists between the Police and the Public Prosecutor in the process of investigating criminal acts of online gambling. This research has a formulation of the problem of how the efforts of the North Sumatra Regional Police in eradicating online gambling crimes in North Sumatra and how legal sanctions for perpetrators of online gambling crimes also have normative and juridical research methods that are linked to laws and all opinions of legal experts.
Co-Authors Ahmad Novaisal Firman Halawa Muhammad Arif Sahlepi Riki Hamdani Riki Hamdany Sony Prayudha Winata Syaiful Asmi Hasibuan, Syaiful Asmi Yasmirah Mandasari Saragih