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All Journal Ensiklopedia of Journal Ensiklopedia Social Review Ensiklopedia Education Review Ensiklopedia Research and Community Service Review
Ifing, Baso
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Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Social Sciences Other

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PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSANTERHADAP TERDAKWA PELAKU PENCABULAN YANG DILAKUKAN OLEH ANAK (Putusan Nomor 38/Pid.Sus-Anak/2021/PN.Pdg) Ifing, Baso; Anshar, Sayid
Ensiklopedia Education Review Vol 5, No 3 (2023): Volume 5 No 3 Desember 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v5i3.2048

Abstract

The crime of sexual abuse committed by children is regulated in Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the juvenile criminal justice system (SPPA). The recent rise in cases of criminal acts of sexual abuse committed by children has become very worrying. In accordance with applicable laws and regulations. Law enforcers are obliged to seek diversion for children involved in criminal acts, but in the case of children who commit criminal acts of sexual immorality, diversion cannot be attempted. In the case of children as perpetrators of sexual abuse, it is certainly not easy to decide on sanctions against them, considering that they still have the rights to grow and develop. The judge's considerations in handing down a decision against the perpetrator of sexual abuse committed by a child based on Number 38/Pid.Sus-Anak/2021/PN.Pdg consist of: Juridical considerations, namely the indictment which is the legal basis in criminal proceedings, witness testimony is the main consideration taken into consideration by the judge in the decision, the defendant's statement is what the defendant stated at trial was valid evidence, as well as the evidence that the defendant used in the theft. Non-juridical considerations are the background of the defendant who did it due to economic factors, lack of understanding about religion and belief, the application of crimes against perpetrators committed by children based on Number 38/Pid.Sus-Anak/2021/PN.Pdg has been regulated in article 81 paragraph ( 2) in conjunction with article 76E of Law Number 17 of 2016 concerning the stipulation of government regulations in lieu of Law of the Republic of Indonesia Number 1 of 2016 concerning the second amendment to Law Number 23 of 2002 concerning child protection and Law Number 8 of 1981 concerning Law criminal procedures and other relevant laws and regulations”, Sentencing Adrian Rahma Doni's child Rian for 1 (one) year and 3 (three) months.Keywords: Judge's Consideration, Crime of Obscenity, Juvenile Justice System
MELACAK NEGARA HUKUM IDEAL YANG BERDASARKAN KEADILAN DI INDONESIA Anshar, Sayid; Ifing, Baso
Ensiklopedia Research and Community Service Review Vol 4, No 1 (2024): Vol. 4 No. 1 Oktober 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/err.v4i1.2904

Abstract

Abstract : This study aims to identify the extent to which Indonesia has realized an ideal legal state based on justice. Through an in-depth analysis of regulations, judicial practices, and public perceptions, this study reveals a number of justice deficits that still haunt the Indonesian legal system This study compares the condition of the legal state in Indonesia with universally recognized international standards of justice. Using a human rights framework and the principles of a good rule of law, this study analyzes the extent to which Indonesia's legal system has met these standards. Case studies and comparative analyses are used to identify gaps between legal practices in Indonesia and best practices in other countries. This research highlights the importance of harmonization between national law and international law in order to realize an ideal state of law.Keywords: Ideal Legal State.
NEGARA HUKUM DAN PLURALISME AGAMA; TINJAUAN TERHADAP PERLINDUNGAN HAK MINORITAS BERAGAMA DI INDONESIA Anshar, Sayid; Ifing, Baso
Ensiklopedia Sosial Review Vol 7, No 2 (2025): Volume 7 No 2 Juni 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v7i2.3108

Abstract

Abstract :This study examines the protection of religious minority rights within the framework of state law (rechtsstaat) and religious pluralism in Indonesia. Based on doctrinal research method with legislative, case, conceptual, and historical approaches, this study analyzes legal instruments such as the 1945 Constitution, Law No. 39/1999 on Human Rights, as well as international provisions that guarantee freedom of religion. The results show that although Indonesia has a strong constitutional foundation including Articles 28E and 29 of the 1945 Constitution that prohibit religious discrimination, its implementation still faces serious challenges, such as intolerance, violence, and injustice against minority groups. Religious pluralism, as a pillar of national unity (Bhinneka Tunggal Ika), requires strengthening interfaith dialogue and inclusive law enforcement. This study also examines the Islamic perspective through the Medina Charter, which emphasizes freedom of religion without coercion. Research recommendations include improving the effectiveness of law enforcement, public education on tolerance, and policy reforms to ensure equal rights for all religious groups. The findings highlight the importance of harmonization between legal norms and social practices to realize justice for religious minorities in Indonesia.Keywords: Rule of law, religious pluralism, minority rights, freedom of religion, 1945 Constitution
ANALISIS TERHADAP KEWENANGAN MAHKAMAH SYARIAH DALAM PENYELESAIAN SENGKETA EKONOMI SYARIAH Anshar, Sayid; Ifing, Baso; Ronaldo, Ronaldo
Ensiklopedia of Journal Vol 5, No 3 (2023): Vol. 5 No. 3 Edisi 3 April 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1788

Abstract

As a Muslim country, Indonesia has two different legal systems, civil law and Sharia law. In the economic context, Sharia law plays an important role in guiding transactions and economic activities of Indonesian Muslim population.In recent decades, more and more countries around the world have adopted and implemented sharia-appropriate economic systems. The development of such systems typically combines Islamic economic principles such as the prohibition of interest and speculation and the provision of zakat or charity systems. Data compilation uses a qualitative approach that can be used to analyze the authority of Sharia courts in resolving Sharia economic disputes. This approach aims to understand phenomena or events as they occur by exploring and analyzing data generated from journals, books and other articles. Collect data from relevant sources such as legal documents, Sharia court decisions, etc. Analyze the data collected by giving meaning and explaining it using a variety of relevant theories. Shariah is based on the sources of Islamic law, which is the Qur’an, Hadith, Ijma (consensus of the believers), and Qiyas. (analogi). These sources of law form the basis for the establishment of the law applied by the Sharia Court. The Law of Sharia economic events is the legal body that regulates the settlement of disputes, the submission of claims for rights, their inspection and decision, and the execution of judgments, as well as the enforcement of Syariah economic law.
Co-Authors Ronaldo, Ronaldo Sayid Anshar