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Studi Perbandingan Sistem Peradilan Indonesia Dan Malaysia Lala Anggina Salsabila; Siti Anisah Nasution; Febby Oktavia Br. Tarigan; Sri Hadiningrum
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2515

Abstract

This research is a comparative study of two laws in the world, namely Indonesian law and Malaysian law. The two studies were carried out in comparing the definitions, characteristics, objectives and legal systems of judicial structures. This research aims to compare the two to find possible advantages and disadvantages, especially regarding the criminal justice system as well. By comparing the Malaysian legal system, Indonesia is no worse than Malaysia. In this research it turns out that Indonesia has many advantages, namely people who work and work in the legal field, and therefore it is possible that the rule of law in Indonesia is still better because there are many people who law-abiding. The Indonesian state must create a good legal system, the court structure must take into account the culture of a society like Malaysia, because law enforcement will be more effective if it is in accordance with the values ​​or customs that have been formed in the society itself.
Dampak Kewarganegaraan Ganda Bagi Warga Indonesia Lala Anggina Salsabila; Putri Handayani; Siti Anisah Nasution; Syarifa Aini; Bryan Yamolala Ndruru; Rahmat Fitra; Fazli Rachman
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 4 (2023): DESEMBER : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v1i4.732

Abstract

In Indonesia, every individual has the right to citizenship status, as regulated in Article 28D Paragraph 4 of the 1945 Constitution which states that "every person has the right to citizenship status." Even though Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia in principle does not recognize dual citizenship, several legal experts and activists have proposed that Indonesia provide protection for mixed marriage families by implementing the principle of dual citizenship. This article aims to determine the impact of dual citizenship on Indonesian citizens. The research method used is a qualitative approach with library study data analysis techniques. Conceptually, dual citizenship can be interpreted narrowly and broadly. In a narrow sense, dual citizenship refers to the concept of dual citizenship (dual citizenship/nationality) in the status of a person who has two citizenships from two different countries. In a broad sense, dual citizenship is expanded not only to dual citizenship, but also to more than multiple citizenships (plural/multiple citizenship/nationality). In general, dual citizenship can arise due to the application of the principles of citizenship in terms of reciprocal birth (interplay), between the principles of jus sanguinis and jus soli or the naturalization of a citizen of one country to another country.
Tindak Pidana Pencurian Dengan Kekerasan : Studi Putusan Nomor 1475/Pid.B/2023/PN Mdn Cristian Agave Siregar; Gracia Veronica Siregar; Siti Anisah Nasution; Parlaungan Gabriel Siahaan; Dewi Pika Lumban Batu
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 4 (2023): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i4.2641

Abstract

Violent theft is indeed a crime that makes society restless. The person who committed the crime was indeed from the element of coercion against him. The person dares to do so because of the weak economy and always expects a wealth that takes from someone else's. As will be discussed in this journal regarding cases of violent criminal acts decision number 1475 / Pid.B / 2023 / PN Mdn. This study contains its object regarding the crime of theft with violence, using a juridical-normative type of legal research, meaning that the legal research studied only uses secondary data or library materials. The problem that the author wants to study is how the stages of implementing the case process of decision number 1475/pid.b/2023/pn/mdn based on the criminal procedure law and what are the factors that cause a person's desire to commit theft. Thus, the defendant was sentenced to imprisonment for 3 years and was required to pay a case fee of Rp 5,000. The judge's judgment in sentencing is based on juridical and non-juridical considerations. Juridical considerations involve valid and convincing evidence showing that the accused clearly fulfilled all elements of the crime of violent theft as stipulated in article 365 paragraph (2) 2e of the Penal Code. Meanwhile, non-juridical considerations involve social values and judgments on the character of the accused, as well as factors that may aggravate or mitigate the sentence to be imposed by the judge.