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THE ENFORCEMENT OF CRIMINAL LAW AGAINST VIOLENT THEFT CRIMES Mabsuti, Mabsuti; Fitnawati WN, Santy
JURNAL RUANG HUKUM Vol. 2 No. 1 (2023): Januari-Juni
Publisher : Gayaku Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58222/juruh.v2i1.256

Abstract

Occasionally, technological advancements and the growth of human civilization are accompanied by an increase in human requirements. This has a negative effect because it will increase the likelihood of criminal activity. Theft with violence is a type of crime that has recently occurred in every region and has been extensively discussed, as it severely disrupts security and public order. Consequently, the purpose of this study was to investigate the enforcement of criminal law against the offense of larceny with violence. Using a normative juridical approach with a statutory approach and a case approach, secondary data with additional primary, secondary, and tertiary legal materials were analyzed qualitatively in this study. In light of these findings, Chapter XXII of the Criminal Act of Theft is governed by Articles 363, 363, and 365 of the Criminal Code (KUHP). This indicates that law enforcement officials must refer to these articles when imposing violent punishments on thieves. Violent crime Criminal law enforcement is an effort to translate concepts of criminal law justice into legal certainty and social benefits in every legal relationship. There are three factors that must always be considered in law enforcement: 1) legal certainty (Gerechtigkeit), 2) justice, and 3) effectiveness. Legal structure, legal substance, legal culture, and legal remedies (preventive and punitive measures) comprise the efforts to uphold the law in instances of theft crimes involving violence.
The Role and Implementation of the Administrative Court in Guaranteeing Legal Certainty in Government Administrative Decisions Fitnawati WN, Santy; Maulana, Anas; Hidayatulloh, Syarif; Solehun, Solehun; Apitri, Siti
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 03 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The Administrative Court (Pengadilan Tata Usaha Negara, PTUN) holds a pivotal role in upholding the rule of law by reviewing the legality of state administrative actions and safeguarding citizens' legal rights. This study explores the existence and practical implementation of the PTUN in ensuring legal certainty over State Administrative Decisions (Keputusan Tata Usaha Negara, KTUN). Employing a normative juridical approach with qualitative-descriptive analysis, the research examines statutory regulations and relevant literature. The findings reveal that, despite a solid legal foundation, the effectiveness of PTUN is hindered by limited public legal awareness, restricted access to judicial mechanisms, and insufficient understanding of its jurisdictional authority. To enhance the court’s functionality within Indonesia’s administrative law system, the study recommends strengthening institutional frameworks, improving human resource capacity, and expanding public legal education. These measures are essential to realize the court's mandate in delivering administrative justice and ensuring good governance.
The Role of Mediators in Resolving Divorce Cases at The Serang Religious Court Under Supreme Court Regulation No. 1 of 2016 Abu Bakar, Aldestianah Putri; Fathullah, Fathullah; Fitnawati WN, Santy
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1796

Abstract

Mediation is one of the mandatory dispute resolution efforts in civil cases, including divorce cases handled by the Religious Court. This mechanism serves as an alternative that allows the parties to reach a peaceful settlement without going through a lengthy, complex, and costly litigation process. Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Court strengthens the mediator’s role as a facilitator of peace and reinforces the obligation of mediation in civil dispute resolution. This study aims to analyze the role of mediators in resolving divorce cases at the Religious Court of Serang based on the provisions of the regulation. The research employs a normative juridical method with a statutory approach, supported by empirical data obtained through interviews with mediators at the Religious Court of Serang. This combination aims to provide a comprehensive understanding of the mediator’s role from both normative and practical perspectives. The results of the study indicate that mediators play an important role in facilitating communication between parties, managing the mediation process, identifying each party’s interests, exploring possible settlement options, and assisting in formulating final and legally binding agreements. However, the success of mediation is greatly influenced by factors such as the parties’ willingness to reconcile, the mediator’s communication skills, and the existence of clear and consistent regulations