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All Journal International Journal of Multidisciplinary Approach Research and Science Journal of Progressive Law and Legal Studies
Sembiring, Ferdinand
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Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective Sembiring, Ferdinand; Saragih, Yasmirah Mandasari
Journal of Progressive Law and Legal Studies Том 2 № 02 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i02.845

Abstract

Pure Legal Theory (The Pure Theory of Law) is a positive legal theory. However, it does not discuss positive Law that applies in a particular legal system; it only discusses general legal theory. Hans Kelsen's presentation of Pure Legal Theory aims to explain the nature of Law and methods of making Law rather than explaining what the Law should be or the best way for Law to be created. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to determine how the legal certainty and protection of the parties in mediating the resolution of Sharia financial disputes, a comparison of progressive legal analysis of Hans Kelsen and Satjipto Raharjo's legal theory in resolving Sharia financial disputes. Based on the research and discussion results, a picture is obtained that legal certainty (rechtssicherheit) Legal certainty is the certainty of laws or regulations; all kinds of methods, methods, and so on must be based on laws or regulations. Within legal certainty, there are positive laws and written laws. Normative legal certainty is when a regulation that regulates it clearly and logically is created and promulgated. Progressive Law wants to return the Law to the right track (on the right track). For this reason, Satjipto Rahardjo thinks that legal breakthroughs are needed (legal breakthroughs, not legal breaking) in law formation and enforcement.
Role of the Prosecution in Overcoming Criminal Acts of Terrorism Harahap, Muhammad Rafandi; Saragih, Yasmirah Mandasari; Sitorus, Tonggo; Sembiring, Ferdinand
International Journal of Multidisciplinary Approach Research and Science Том 2 № 01 (2024): International Journal of Multidisciplinary Approach Research and Science
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/ijmars.v2i01.385

Abstract

The prosecutor's office is responsible for carrying out investigations into criminal acts of terrorism. This includes collecting evidence, monitoring perpetrators, and gathering information from related parties. The prosecutor's office also has the authority to examine documents related to criminal acts of terrorism, such as newspapers, magazines, and social media. Prosecutors as Public Prosecutors have the primary task and role of prosecuting various criminal cases and carrying out judge's determinations and court decisions with permanent legal force. This terrorism case is classified as an ordinary examination procedure. The prosecution process in this terrorism case must be based on an indictment proven at a court hearing and ends with a legal charge (Requisitoir) as regulated in the Criminal Procedure Code. The procedure for criminal prosecution must be guided by the Circular Letter issued by the Attorney General's Office, namely Circular Letter Number: SE- 003/JA/8/1988, which has been updated with Circular Letter Number: SE. 001/JA/4/1995 Concerning Guidelines for Criminal Charges. The Public Prosecutor must be astute and thorough in formulating a criminal offense and the articles imposed on the defendant because it will significantly impact the indictment. If there is an error in formulating the criminal act and the articles imposed, it will have fatal consequences, namely that the case is null and void, and the defendant will be acquitted. Challenges include fulfilling formal and material requirements in the investigator's investigation report (BAP). So, the BAP has to go back and forth from the prosecutor to the investigator to be completed until it meets the requirements to be submitted to trial. There are a lot of court visitors or spectators at trials in terrorism cases. So that the prosecutor's office coordinates with the Police regarding security matters. Limitations in strengthening cooperation with related institutions in dealing with criminal acts of terrorism in the digital era.
Development of the Principle of Legality in Indonesian Criminal Law Sitorus, Tonggo; Harahap, Muhammad Rafandi; Sembiring, Ferdinand; Hasibuan, Syaiful Asmi
International Journal of Multidisciplinary Approach Research and Science Том 2 № 01 (2024): International Journal of Multidisciplinary Approach Research and Science
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/ijmars.v2i01.418

Abstract

Legality is the oldest principle of criminal law and is found in almost all national criminal laws worldwide. The existence of this principle is to protect citizens from the arbitrariness of the authorities. The principle of legality in criminal law has a central role in ensuring legal certainty for society because this principle requires the existence of written regulations regarding a criminal act to carry out a punishment. The aim is to understand the principles of legality according to criminal law in Indonesia. The research used normative juridical methods with data collection methods through a literature study. The principle of legality in Indonesian criminal law is a fundamental principle. The principle of legality in criminal law is essential to determine whether or not a criminal law regulation can treat a criminal act that has occurred. Applying the principle of good legality in national criminal law is not rigid, mainly to tackle crimes against human rights.
Co-Authors Harahap, Muhammad Rafandi Sitorus, Tonggo Syaiful Asmi Hasibuan, Syaiful Asmi Yasmirah Mandasari Saragih