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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.
Sacred Waters and Environmental Virtue: A Comparative Study of Religious Rituals and Water Conservation Ethics Fibry Jati Nugroho; Eko Sutrisno; Fahrizal S.Siagian
Green Philosophy: International Journal of Religious Education and Philosophy Vol. 2 No. 1 (2025): January: Green Philosophy: International Journal of Religious Education and Phi
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greenphilosophy.v2i1.261

Abstract

This study explores the intersection of sacred water rituals and ecological awareness, examining how religious practices related to water shape environmental virtues and promote water conservation efforts. Various religious traditions, including Islam, Christianity, Hinduism, and indigenous practices, treat water as a sacred resource, emphasizing its purity, sanctity, and the responsibility of humans to protect it. These rituals, such as Islamic ablution (wudhu), Christian baptism, and Hindu purification rites, not only serve spiritual purposes but also embody environmental ethics that encourage restraint, humility, and stewardship in the use of water. The study employs a comparative qualitative approach, integrating textual exegesis, ethnographic observations, and interviews with religious practitioners to analyze how different faith traditions frame water as sacred and how these frameworks translate into practical behaviors regarding water conservation. The findings reveal that religious water rituals contribute to an ecological self, fostering a deep respect for nature and a commitment to sustainable water use. However, challenges exist in reconciling traditional practices with modern water scarcity issues, especially in regions where water conservation is a critical concern. Despite these challenges, religious communities have the potential to leverage their ritual heritage to foster global awareness and action toward water conservation. Future research should explore interfaith collaborations in water conservation and investigate the impact of ritual practices on real-world water conservation behaviors. This study highlights the potential of sacred water rituals as powerful tools for promoting environmental stewardship and addressing global water challenges.
Legal Liability of Heirs for Debtor's Current Account (KRK) Credit Obligations after Death Muhammad Khairul Imam; Fahrizal S.Siagian
Jurnal Restorasi : Hukum dan Politik Vol. 4 No. 01 (2026): Jurnal Restorasi : Hukum dan Politik, 2026
Publisher : Jurnal Restorasi : Hukum dan Politik

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A Current Account Credit Facility (KRK) is a flexible form of bank credit that can be used repeatedly according to the debtor's needs within the agreed credit limit. However, legal issues arise when the debtor dies before their debt obligations are settled, raising questions about the extent to which the heirs can be held liable for the debt. This study aims to analyse the legal responsibility of heirs for the debtor's KRK debt obligations after death and the limits of liability that can be imposed on heirs based on inheritance law and contract law provisions. The research method used is legal research with a regulatory and conceptual approach, through analysis of the legal norms governing inheritance, obligations, and banking credit agreements. The results of the study show that, in principle, the debtor's debt obligations are not extinguished by death but are transferred to the estate, which can be claimed by creditors. Heirs are basically only liable to the extent of the value of the inheritance they receive, so that liability is not absolutely attached to the person of the heir. However, in banking practice, there is often an imbalance in legal positions due to credit agreement clauses that extend the burden on heirs, thereby potentially giving rise to disputes. Therefore, it is necessary to affirm the limits of the heirs' liability proportionally in order to ensure legal certainty and protection for the heirs without eliminating the bank's rights as a creditor in collecting the debtor's debt obligations.