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All Journal Rechtsidee Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Zulyadi , Rizkan
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Criminal Responsibility for Police Officers as Narcotics Dealers: Pertanggung Jawaban Pidana Terhadap Aparat Kepolisian Sebagai Pengedar Narkotika Sitepu, Chechilia Winri Putri; Zulyadi , Rizkan; Frensh , Wenggedes
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1056

Abstract

General Background: The involvement of law enforcement officers in drug trafficking poses a serious threat to the credibility and integrity of the police institution. Specific Background: While the general public is subject to strict legal consequences for narcotics distribution, the role of police officers as offenders introduces a complex dynamic in the enforcement of narcotics law. Knowledge Gap: Existing studies often overlook the mechanisms and accountability processes specific to police officers involved in such crimes. Aim: This study aims to examine the legal regulations, legal procedures, and criminal liability applied to police officers who act as drug dealers.Results: Using a normative juridical method, the findings reveal that police officers are held criminally accountable under the Narcotics Law, without exception or special treatment. Legal proceedings are conducted in general courts, and offending officers are typically suspended and risk dishonorable discharge (PTDH) for institutional damage. Novelty: The research highlights the internal disciplinary implications in addition to formal legal sanctions, emphasizing institutional accountability. Implications: The study suggests the imposition of severe sanctions against offending officers to preserve public trust and institutional integrity, and to serve as a deterrent against abuse of authority in narcotics crimes. Highlights: Police officers face the same legal process as civilians for narcotics crimes. Offending officers are subject to suspension and possible dishonorable discharge. Harsh sanctions are essential to uphold public trust in law enforcement. Keywords: Criminal Liability, Police Officer, Drug Trafficking, Narcotics Law, Institutional Integrity
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.
Co-Authors Fahrizal S.Siagian Lubis, Andi Hakim Serimin Pinem Sitepu, Chechilia Winri Putri Sitompul, Ariman Wenggedes Frensh