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All Journal Integritas: Jurnal Antikorupsi Kosmik Hukum JUSTISI Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Semarang Law Review JUSTICES: Journal of Law Jurnal Hukum dan Sosial Politik Socius: Social Sciences Research Journal Kajian Ilmiah Hukum dan Kenegaraan Law and Justice GRONDWET Journal of Constitutional Law and State Administrative Law Neoclassical Legal Review: Journal of Law and Contemporary Issues Dalihan Na Tolu : Jurnal Hukum, Politik dan Komunikasi Indonesia Indonesian Law Journal
Fahrizal S.Siagian
Faculty Of Law, Universitas Sumatera Utara, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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

Abstract

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.
Justice based corruption eradication policy: A comparison between Indonesia and Denmark Siagian, Fahrizal S.; Lubis, Andi Hakim; Salwa, Nabila Afifah; Firouzfar, Saied
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

Abstract

: 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.
Implementation of the Principle of Justice for Crime Victims in the Criminal Procedure Process in Indonesia Based on the Perspective of Natural Law Philosophy Fahrizal S.Siagian
JUSTICES: Journal of Law Vol. 4 No. 4 (2025): 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.v4i4.215

Abstract

The implementation of the principle of justice for crime victims in the criminal justice process is a crucial issue in efforts to reform criminal law in Indonesia. The perspective of Natural Law Philosophy provides a strong normative foundation through the idea that every human being has natural rights that must be respected by the state, including the right of victims to obtain just redress. This study examines the extent to which Natural Law principles, such as moral justice, respect for human dignity, and balance of rights, are reflected in policies and practices for protecting crime victims. The method used is a normative juridical approach through analysis of relevant laws and regulations, doctrines, and court decisions. The results of the study indicate that although positive legal instruments such as the Witness and Victim Protection Law, provisions on restitution and compensation, and assistance mechanisms have accommodated victims' rights, their implementation remains inadequate. Barriers arise in the form of limited access, minimal understanding among law enforcement officials, and suboptimal service providers. These imperfections create a gap between the ideals of natural justice and positive sentencing practices. This research emphasizes the need to prioritize reformulating sentencing policies that are more oriented toward victim recovery so that the Indonesian legal system aligns with the universal values of Natural Law Philosophy and is able to deliver substantive justice in every law enforcement process.
Co-Authors Ade Rahmawati Siregar Ade Rahmawati Siregar Afifah Salwa, Nabila Agusmidah Agusmidah Andi Hakim Lubis Andriamaharitra, Paul Alberti Angkawidjaja, Elizabeth Vania Arifiyanto, Joiverdia Brimob Ritonga David Chrisna Pangihutan dedi kurniawan Fikri Triandhika Firouzfar, Saied Frans Maruli Silaban Gamal Abdul Nasser Geofani Milthree Saragih Hanifah Azizah IMAM, MUHAMMAD KHAIRUL Iswara, Rizka Joiverdia Arifiyanto Lies Sulistiani Lubis , Andi Hakim Lubis, Andi Hakim Mahmud Mulyadi Meirani Rubianto Muazzul, Muazzul Muhammad Hanafie Arrasyid Muhammad Khairul Imam Nabila Afifah Salwa Najuasah Putra Panca Sarjana Putra Putra, Najuasah Putra, Panca Sarjana Rizkan Zulyadi Rosmalinda Rosmalinda Rosmalinda, Rosmalinda Saied Firouzfar Saied Firouzfar Salwa, Nabila Afifah Saragih, Geofani Milthree Serimin Pinem Sitompul, Ariman Tri Mulyani Wijaya, Emilia Metta Karunia Zulyadi , Rizkan