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Seeking Justice: Criticizing the Decision of the Tapak Tuan District Court Number 37/Pid.Sus/2020/PN. Ttn Regarding Domestic Violence Lubis, Andi Hakim; Sitompul, Ariman; Pinem , Serimin; Zulyadi , Rizkan; Siagian, Fahrizal
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8591

The research aimed to analyze the alignment between the judge's decision in cases of domestic violence against children and the provisions of Law Number 23 of 2004 on the Elimination of Domestic Violence and Qonun Number 9 of 2019 on the Implementation of Handling Violence Against Women and Children. The study also considered moral considerations and the overall benefits. The research methodology employs a case law study, which involves examining court decisions to get insight into the application of the law in specific circumstances. Specifically, the study focuses on the Decision of the Tapak Tuan District Court Judge Number 37/Pid.Sus/2020/PN. Case law is utilized to examine court rulings to comprehend how the law is implemented in specific instances. The library research method is employed in conjunction with a sociological juridical perspective. The data for the research is sourced from the Law and various pertinent articles addressing the research difficulties. Furthermore, to bolster the ideas of the study, the paper also incorporates the findings of several empirical studies. According to the findings, it appears that the judge primarily focuses on formal factors and gives little weight to material considerations in their decision-making process. This aligns with the viewpoint expressed by Member Judge II and the concurring opinion within the panel of judges. However, the author acknowledges and values the decision made by the panel of judges. The author recognizes the challenging nature of the judges' task, as they must not only consider the legal interests involved in the case, but also consider the community's sense of justice in order to achieve legal certainty.

Pertanggungjawaban Pidana Penanam Ganja Berdasarkan Undang-Undang tentang Narkotika Siagian, Fahrizal S
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2412

Purpose: Narcotics abuse is a chronic problem that plagues Indonesia. Narcotics are not intended for purposes other than medical purposes. However, there are still people who still dare to plant marijuana trees which are strictly prohibited as regulated in Articles 111 and 112 Paragraph 1 of Law Number 35 of 2009 concerning Narcotics which explains the prohibition on growing marijuana unlawfully. The formulation of the problem in this research is first, How is Narcotics Crime Regulated in Indonesia? Second, what is the criminal responsibility of marijuana growers according to Law Number 35 of 2009 concerning Narcotics? The aim of the research is to answer this research problem. Methodology: The type of research used is normative legal research which refers to research studies on statutory regulations combined with primary, secondary and tertiary legal materials. The data collection technique is by using Library Research. The nature of the research is descriptive analysis. Results: The research results show that Indonesia has strict regulations that do not legalize narcotics carelessly, the prohibition is regulated in Article 111 Paragraphs 1, 2 and 112 Paragraphs 1, 2 of Law 35 of 2009 concerning Narcotics. Second, every person who without right or against the law plants, maintains, owns, stores, controls or provides narcotics in the form of plants legally and convincingly can be held criminally liable. In conclusion, Indonesia as a legal country has strict regulations to protect the young generation of the Indonesian nation from the dangers of narcotics abuse. Every person who owns, processes and distributes narcotics against their rights can be held liable for imprisonment for a minimum of 4 years, a maximum of 12 years, a fine of at least 800 million and a maximum of 8 billion rupiah. Limitation: This research is to explain and/or describe and describe all data obtained from data sources related to criminal liability for marijuana growers. Contribution: Indonesia does not legalize the use of narcotics against the law. If this happens, they can be held criminally liable.

Implementation of Straight Liability and Liability Based on Fault Concepts in Environmentally Sound Economic Development in Indonesia Siagian, Fahrizal S.; Saragih, Geofani Milthree; Firouzfar, Saied
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11409099

This research aims to answer problems related to the regulation of the concept of punishment in environmental aspects in the Indonesian criminal justice system. Secondly, this research aims to answer the juridical implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia. This research uses normative legal research that focuses on primary, secondary, and tertiary legal materials. This research obtained several important points including legal arrangements related to the concept of environmental crime regulated in Law Number 32 of 2009 concerning Protection and Management of the Indonesian Environment. Second, the implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia so far has not been maximised. This is due to the lack of mentality and consistency of law enforcement officials to enforce environmental law in a complex manner. So that this research proposes to strengthen the essence and existence of law enforcement officials in enforcing environmental law in order to preserve Indonesia's environmental ecosystem.

Optimizing Lawrence Meir Friedman's Legal System Theory in the Authority to Investigate Corruption Crimes in Indonesia Fahrizal S.Siagian
JUSTICES: Journal of Law Vol. 2 No. 4 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i4.93

This study aims to answer the regulation of eradicating corruption in Indonesia, second, answer the optimization of Lawrence Meir Friedman's legal system in the authority to investigate corruption crimes in Indonesia. The research method used is normative legal research which refers to research studies on laws and regulations combined with primary, secondary and tertiary legal materials. The data collection technique is by using (Library Research). The nature of research is descriptive analysis. First The results of the study, the Eradication of Corruption Crime is regulated in Law Number 20 of 2001 and other laws and regulations. Second, that the investigation of corruption crimes in Indonesia has not been perfect in accordance with the theory of Lawrence Meir Friedman's legal system. The problems of the three elements of the legal system are still an obstacle to investigating corruption crimes in Indonesia.

Implementation of Straight Liability and Liability Based On Fault Concepts in Environmentally Sound Economic Development in Indonesia Fahrizal S.Siagian; Geofani Milthree Saragih; Frans Maruli Silaban
JUSTICES: Journal of Law Vol. 3 No. 3 (2024): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v3i3.111

This research aims to answer problems related to the regulation of the concept of punishment in environmental aspects in the Indonesian criminal justice system. Secondly, this research aims to answer the juridical implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia. This research uses normative legal research that focuses on primary, secondary, and tertiary legal materials. This research obtained several important points including legal arrangements related to the concept of environmental crime regulated in Law Number 32 of 2009 concerning Protection and Management of the Indonesian Environment. Second, the implementation of the concept of Straight Liability and Liability Based On Fault in environmentally sound economic development in Indonesia so far has not been maximised. This is due to the lack of mentality and consistency of law enforcement officials to enforce environmental law in a complex manner. So that this research proposes to strengthen the essence and existence of law enforcement officials in enforcing environmental law in order to preserve Indonesia's environmental ecosystem.

Raising Awareness to Prevent Sexual Violence for Mosque Teenager Rosmalinda Rosmalinda; Ade Rahmawati Siregar; Joiverdia Arifiyanto; Agusmidah Agusmidah; Fahrizal S. Siagian
Kosmik Hukum Vol 25, No 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25079

This article was conducted in the form of community service “training of trainer”. The goal of this activity is to improve youth knowledge, understanding, skills and roles in preventing sexual violence. This research involves the committee and members of mosque youth who trained in preventing sexual violence. Adult education methods are used in community service as well as legal research to analyze participation of mosque youth in preventing sexual violence at worship place use a legal, case and conceptual approach. The research found: (1) The number of sexual violence cases increases every year in susceptible locations such as public spaces, terminals/stations, roadsides/sidewalks, public transportation, mass or social media, residential areas, workplaces/offices and campuses. (2) The absence of worship place on susceptible locations list does not mean sexual harassment against women and children has not existed. It could be happened to anyone regardless of gender, age, religion or social background. (3) knowledge, understanding, ability and role to prevent sexual violence among mosque youth increased after participated and practice through "Let's Practice Being a Trainer/Facilitator on Sexual Violence Prevention ". As conclusions: (1) mosque youth have an important role to reduce the number of various forms of and/or prevent of sexual violence, (2) the Indonesian Mosque Youth Communication Agency (BKPRMI) has capacity and roles to improve the knowledge, ability and role of mosque youth in preventing sexual violence, especially in the mosque/prayer room area.

CRIMINAL LAW POLICY CONCERNING PROVIDING RESTITUTION TO VICTIMS OF CRIMES OF SERIOUS PERSECUTION S. Siagian, Fahrizal; Mulyadi, Mahmud; Rosmalinda, Rosmalinda
Semarang Law Review (SLR) Vol. 5 No. 2 (2024): Oktober
Publisher : Fakultas Hukum, Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/slr.v5i2.9806

The crime of serious maltreatment is a form of physical abuse. Therefore, everyone has the right to apply for restitution. Lack of support from various elements makes this condition an obstacle experienced by law enforcement officials in the implementation of restitution for victims of serious maltreatment. There is no provision to force perpetrators of serious maltreatment to pay restitution decided by the court. This is an obstacle in the implementation of restitution in the Indonesian criminal justice system. The problems of this research are How is the Position of Restitution for Victims of Crime in the Indonesian Criminal Justice System? How is the Implementation of Restitution towards the Fulfilment of the Rights of Victims of Serious Offences? What is the Criminal Law Policy on the Provision of Restitution to Victims of Serious Offences in the Indonesian Criminal Justice System in the Future? The purpose of the research is to answer several problems in this study. This research uses normative juridical method with case, concept, and legislation approach. This research obtained results in the form of the Position of Restitution for Victims of Crime in the Criminal Justice System in Indonesia has not been perfectly regulated so that it is considered not to accommodate justice for victims. Implementation of Restitution for Victims of Serious Offences has not been maximised, marked by many technical and non-technical obstacles that hinder restitution. Criminal Law Policy related to restitution for victims in the future is to formulate a policy so that restitution has the intensity of an obligation for the perpetrator to pay it and there must be an institution that pro-actively supervises the provision of restitution. The research initiated a reformulation of legal substance related to strengthening the essence of coercion and strict supervision in the provision of restitution to victims of serious maltreatment in the criminal justice system in Indonesia.AbstrakTindak pidana penganiayaan berat merupakan penyiksaan terhadap fisik manusia. Sehingga setiap orang berhak untuk mengajukan hak restitusi. Kurangnya dukungan dari berbagai elemen sehingga kondisi ini menjadi kendala yang dialami oleh aparat penegak hukum dalam implementasi restitusi bagi korban tindak pidana penganiayaan berat. Belum diaturnya upaya paksa bagi pelaku tindak pidana penganiayaan berat untuk membayar restitusi yang diputus di Pengadilan. Hal ini menjadi sebuah kendala dalam penerapan restitusi dalam sistem peradilan pidana Indonesia. Permasalahan penelitian ini yaitu Bagaimana Kedudukan Restitusi Terhadap Korban Tindak Pidana di dalam Sistem Peradilan Pidana di Indonesia ? Bagaimana Implementasi Pemberian Restitusi Terhadap Pemenuhan Hak-hak Korban Tindak Pidana Penganiayaan Berat ? Bagaimana Kebijakan Hukum Pidana Tentang Pemberian Restitusi Terhadap Korban Tindak Pidana Penganiayaan Berat dalam Sistem Peradilan Pidana Indonesia pada Masa yang Akan Datang ? Tujuan penelitian yakni menjawab beberapa permasalahan pada penelitian ini. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan kasus, konsep, dan perundang-undangan. Penelitian ini memperoleh hasil berupa Kedudukan Restitusi Terhadap Korban Tindak Pidana di dalam Sistem Peradilan Pidana di Indonesia belum sempurna diatur sehingga dinilai belum mengakomodir keadilan terhadap korban. Implementasi Pemberian Restitusi Terhadap Korban Tindak Pidana Penganiayaan Berat belum maksimal yang ditandai dengan banyaknya kendala teknis maupun non-teknis yang menghambat restitusi. Kebijakan Hukum Pidana terkait restitusi bagi korban kedepannya adalah dengan memformulasi suatu kebijakan agar restitusi memiliki intensitas kewajiban bagi pelaku untuk membayarnya serta harus ada lembaga yang pro-aktif mengawasi pemberian restitusi ini. Penelitian menggagas adanya reformulasi substansi hukum terkait penguatan esensi upaya paksa dan pengawasan ketat dalam pemberian restitusi terhadap korban tindak pidana penganiayaan berat dalam sistem peradilan pidana di Indonesia.

Justice based corruption eradication policy: A comparison between Indonesia and Denmark Fahrizal S. Siagian; Andi Hakim Lubis; Nabila Afifah Salwa; Saied Firouzfar
Integritas: Jurnal Antikorupsi Vol. 10 No. 1 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i1.1134

: This research was conducted to obtain an explanation of corruption eradication policies in Denmark and Indonesia. In addition, to find out the justice-based corruption eradication policy in a comparative study of Indonesia and Denmark. This research uses a normative juridical method with a literature study. Based on this, the required results are that corruption eradication policies in Indonesia and Denmark have significant differences. Denmark inserts corruption eradication provisions into each of its laws and regulations and uses a strict element of transparency in state financial management. Denmark utilizes social sanctions supported by the legal culture of its highly law-abiding society. Second, the policy reconstruction that can be used in Indonesia to eradicate corruption adopts the Danish policy. Namely, the anti-corruption agency with independent status integrates corruption eradication regulations into national legislation emphasizing strict sanctions and transparency of state financial management correlated with the wealth of state officials. The independence of the Corruption Eradication Commission is crucial. Applying Denmark’s mechanisms could lead to a breakthrough in corruption eradication in Indonesia.

Raising Awareness to Prevent Sexual Violence for Mosque Teenager Rosmalinda, Rosmalinda; Siregar, Ade Rahmawati; Arifiyanto, Joiverdia; Agusmidah, Agusmidah; Siagian, Fahrizal S.
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.25079

This article was conducted in the form of community service “training of trainer”. The goal of this activity is to improve youth knowledge, understanding, skills and roles in preventing sexual violence. This research involves the committee and members of mosque youth who trained in preventing sexual violence. Adult education methods are used in community service as well as legal research to analyze participation of mosque youth in preventing sexual violence at worship place use a legal, case and conceptual approach. The research found: (1) The number of sexual violence cases increases every year in susceptible locations such as public spaces, terminals/stations, roadsides/sidewalks, public transportation, mass or social media, residential areas, workplaces/offices and campuses. (2) The absence of worship place on susceptible locations list does not mean sexual harassment against women and children has not existed. It could be happened to anyone regardless of gender, age, religion or social background. (3) knowledge, understanding, ability and role to prevent sexual violence among mosque youth increased after participated and practice through "Let's Practice Being a Trainer/Facilitator on Sexual Violence Prevention ". As conclusions: (1) mosque youth have an important role to reduce the number of various forms of and/or prevent of sexual violence, (2) the Indonesian Mosque Youth Communication Agency (BKPRMI) has capacity and roles to improve the knowledge, ability and role of mosque youth in preventing sexual violence, especially in the mosque/prayer room area.

The Capability of Artificial Intelligence in Calculating the Losses of Crime Victims Putra, Panca Sarjana; Siagian, Fahrizal S
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25817

Crime has been a problem that has occurred since human civilisation existed. Criminal offences continue to experience significant developments, and so do the efforts to overcome them. Criminal offences cause victims physical, mental, and/or economic losses. Victims' losses need to be compensated through restitution. With global developments, the potential use of artificial intelligence to calculate restitution should be maximised The issues in this research are as follows: First, what are the judicial provisions regarding artificial intelligence in the criminal justice system in Indonesia? Second, how does the capability of artificial intelligence in calculating the losses of crime victims compare to that in the United States? This research uses normative juridical research method with a literature study. The result of this research is that the juridical provisions of Artificial Intelligence in the criminal justice system in Indonesia are not specifically regulated in Indonesia, but only explained in general in several national laws and regulations. Further studies on the ability of artificial intelligence to calculate the losses of crime victims are necessary to achieve legal certainty. Artificial intelligence aims to optimize the estimation of victims' losses to ensure their rights are properly fulfilled. The comparative study of artificial intelligence’s capability in loss calculation between Indonesia and the United States should be properly implemented in Indonesia’s criminal justice system. Incorporating artificial intelligence in restitution calculations aims to eliminate errors or inaccuracies in determining restitution amounts, an issue that frequently arises.

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