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Penerapan Restorative Justice Dalam Penyelesaian Perkara Pidana Oleh Lembaga Penegak Hukum Di Indonesia: (Berdasarkan Nota Kesepakatan Bersama Ketua Mahkamah Agung, Menteri Hukum dan Ham, Jaksa Agung dan Kepala Kepolisian Tahun 2012) Kholidazia El HF.; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan

The research on "The Application of Restorative Justice in the Settlement of Criminal Cases by Law Enforcement Agencies in Indonesia (Based on a Memorandum of Understanding with the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Attorney General and Chief of Police in 2012)" aims to: 1) to know and understand decisions about the types of criminal acts that can be applied by Restorative Justice in the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012; 2) to analyze the application of Restorative Justice carried out by Law Enforcement Agencies in Indonesia based on the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012. This research uses normative legal research or library law research or also called literary studies with a statutory approach where it is necessary to understand the hierarchy and principles in statutory regulations. Based on the results of the study, broadly speaking, the results of this study can be concluded as follows:a. Types of Crimes That Can Be Settled Through Restorative Justice 1) The Supreme Court of the Republic of Indonesia in General Courts: Minor crimes, cases of women in conflict with the law, cases of children in conflict with the law and narcotics cases; 2) at the Indonesian Prosecutor's Office: The suspect has committed a crime for the first time, the crime is only threatened with a fine or is threatened with imprisonment of not more than 5 (five) years and the crime is committed with the value of the evidence or the value of the loss caused as a result of the crime. a criminal offense of not more than Rp. 2,500,000 (two million five hundred thousand rupiah); 3) in the Indonesian National Police: all crimes against general crimes that do not cause human victims.b. Application of Restorative Justice 1) in the Supreme Court of the Republic of Indonesia in the General Courts Environment: The application of Restorative Justice is adjusted to the type of criminal case, however, the principle of application is the same, namely by seeking peace and compensation; 2) at the Attorney General's Office of the Republic of Indonesia: by making peace efforts between the suspect and the victim; 3) in the Indonesian National Police: efforts to reconcile and settle disputes between the litigants (the reporting party, and/or the family of the reporting party, the reported party and/or the family of the reported party and representatives of community leaders) with the investigator's superiors knowing. Keyword: Law, Restorative Justice

Tinjauan Yuridis Terhadap Upaya Hukum Kasasi Jaksa Penuntut Umum Atas Putusan Bebas Pada Kasus Baiq Nuril Berdasarkan Pasal 244 Kitab Undang-Undang Hukum Acara Pidana Muhammad Zainal; Kholidazia El. HF.
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan

All citizens are equal before the law and are obliged to uphold the law and the government with no exceptions", the quote is the content of Article 27 paragraph 1 of the 1945 Constitution. The constitution is the highest law above other laws. This article is a mandate that we must obey as citizens, so that whoever and whatever our position is, of course we must obey a rule of law without any exceptions, in order to create a sense of security and peace, because the law has a rule and principle which is the main foundation. of the law itself, namely providing a sense of justice, benefits and certainty. In the law enforcement process carried out by court agencies, the final point is a decision taken by the panel of judges, and every decision taken will certainly lead to a polemic, one party considers the decision fair and on the other side considers the decision unfair, so that the principle of Certainty of the law itself is sometimes biased. Although in essence the law functions to ensure a sense of security, order and peace in society, behind that it is not uncommon for the law to sometimes create unrest in the community, because after all the law cannot be separated from society as a legal subject, and vice versa, society cannot be separated from the law, as stated in the statement. Cicero "Ubi Societi Ibi Ius, Ibi Ius Ubi Society" where there is society there is law, where there is law there is society. This research is normative but raises a legal case that is phenomenal and viral on social media and becomes a polemic in the midst of society, as if something went wrong in its application, namely the acquittal of a defendant but was appealed by the Public Prosecutor so that it seemed contradictory. with actual legal norms and there is no legal certainty and does not provide a portion of justice as the function of the law itself, in this context the author is interested in studying it in this study so that the polemics that arise can be studied in terms of the existing rules. Because this case has attracted the attention of many people who think that the law is not in place, "the strong are immune to the law while the weak are oppressed, the law is sharp downwards but blunt upwards" statements such as. That's what often appears when the weak do not get justice. Because of the polemics that arose in this case, the author is interested in examining it in an application of the articles in the Criminal Procedure Code as a basis for providing an explanation of the cases raised in this study, as the provisions of the law are juridical normative empirical. Keyword: Yiridis Review, Cassation Legal Effort, Free Decision, Article 244 of the Criminal Code

Implementasi Sanksi Terhadap Para Pelanggar Protokol Kesehatan Di Masa Pandemi Covid-19 Menurut Instruksi Presiden Nomor 6 Tahun 2020: (Study Kasus Kecamatan Kraksaan Kabupaten Probolinggo) Kholidazia El HF.; Nur Aini
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 2 (2021): Desember 2021
Publisher : STIH Zainul Hasan

Presidential Instruction Number 6 of 2020 concerning Improvement of Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019 (Covid-19), is a policy that has been made by the government in response to the increasing spread of the COVID-19 virus that is currently hitting Indonesia. In following up on Presidential Instruction No. 6 of 2020, the Probolinggo Regency Government stipulates Probolinggo Regent Regulation No. 62 of 2020 on Increasing Discipline and Enforcement of Health Protocol Laws in the Prevention and Control of Corona Virus Disease 2019 (Covid-19). The problems that the authors examine in this study and their objectives are to find out how legal action is taken for people who violate health protocols, secondly to determine the effectiveness of the implementation of sanctions that have been carried out by the Covid-19 Task Force of Kraksaan District. Based on the formulation of the problem and the research objectives, the method used by the author is an empirical juridical approach, namely legal research on those governing Health Protocols related to implementation by the government and the Kraksaan District Covid-19 Task Force. The results of the research in the preparation of this thesis, the first factors that cause violations of health protocols. Second, law enforcement for people who violate the Health Protocol. Third, the effectiveness of the application of sanctions for health protocol violators based on the applicable legal regulations in the Probolinggo Regency area. Keyword: Covid-19, Health Protocol, Law Enforcement Prokes

PELAYANAN BADAN PENYELENGGARA JAMINAN SOSIAL KESEHATAN DI DESA PAJARAKAN KULON KECAMATAN PAJARAKAN Fathullah, Kholidazia El Hamzah
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.34

Abstract One of the roles of the government towards its citizens in running the government is to provide public services. One of these public services is the BPJS Health service. The purpose of this study is to find out BPJS Health Services to the community using the National Health Insurance in Pajarakan Kulon Village, the benefit is that this research is expected to provide information and knowledge to determine the relationship between BPJS user satisfaction and the Quality of Health Insurance Services. National in BPJS Health. the method used is using the Juridical Empirical method by combining primary and secondary data obtained from the field in the form of interviews and other legal sources. This thesis research is about BPJS Health Services in the implementation of the good governance-based National Health Insurance (JKN) program at BPJS Kesehatan Kraksaan. The conclusions obtained are the categories that exist in BPJS Health Law number 24 of 2011. The advice drawn is that BPJS health users should be able to reach the maximum and make registration easier for new users who want to use BPJS because it will affect the quality of BPJS in BPJS Kesehatan. Keywords: Quality of Health Services, BPJS Health

MODUS OPERANDI DAN PENEGAKAN HUKUM MAFIA TANAH Fathullah, Kholidazia El Hamzah
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 1 (2023): March 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i1.36

Abstrack Modus Operandi And Law Enforcement Of The Land Mafia (Case Study in Wonokerto Village, Tekung District, Lumajang Regency)" aims: 1) To examine and analyze the modus operandi of the land mafia in Wonokerto Village, Kec. Tekung Regency Lumajang; 2) To analyze land mafia law enforcement in Wonokerto Village, Kec. Tekung Regency Lumajang. This research uses empirical legal research with a juridical-sociological approach which is research based on applicable statutory provisions associated with legal theory and looks at the reality that occurs in society, namely related to the modus operandi of the land mafia and how the law is enforced in Wonokerto Village, Kec. . Tekung Regency Lumajang. Keywords: Modus Operandi, Law Enforcement, Land Mafia

MODUS DAN FAKTOR PENYEBAB MARAKNYA KASUS PEKERJA MIGRAN INDONESIA (PMI) ILEGAL DI KABUPATEN LUMAJANG Fathullah, Kholidazia El Hamzah; Ma’shum, Ahmad Djazim
JUSTNESS - Jurnal Hukun dan Agama Vol 3 No 2 (2023): September 2023
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v3i2.47

Abstract The low level of wages in the country is related to the limited number of jobs available, making people prefer to work abroad. Most Indonesian Migrant Workers (PMI) choose illegal routes. In many cases of illegal migration, both in the context of internal migration and international migration, the role of "taikong" or labor brokers is very important. As happened in Lumajang Regency, in November 2023, it was recorded in the Lumajang District Court's Case Tracking Information System (SIPP) that there were 6 cases of the Crime of Human Trafficking (TPPO) committed by taikong or brokers in sending and placing PMI illegally abroad. . The aim of this research is to analyze the Taikong or Broker Mode in Lumajang Regency in the Illegal Placement of Indonesian Migrant Workers (PMI) Abroad and to analyze the factors that cause Indonesian Migrant Workers (PMI) to choose illegal methods. This research uses empirical legal research with a juridical-sociological approach. Keyword : Modus, the Illegal Placement of Indonesian Migrant Workers, the Crime of Human Trafficking

PEMANFAATAN TANAH TERLANTAR BERDASARKAN PERMEN AGRARIA DAN TATA RUANG / KEPALA BADAN PERTANAHAN NASIONAL NO. 20 TAHUN 2021 Laili Saiful, Wardatul Muniroh; Fathullah, Kholidazia Elhamzah
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 1 (2024): March 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i01.57

Abstract Land is a gift from god almighty which is one of the main elements in all activities of human life. Criteria for abandoned land and utilization procedures according to Minister of ATR/Head of BPN Regulation No. 20 of 2021 concerning Procedures for Controlling and Utilizing Abandoned Areas and Land. The aim of this research is to analyze the regulation of abandoned land in laws and regulations in the land sector and to discuss the criteria for determining whether land is declared as abandoned land with the issuance of PP Number 20 of 2021 concerning Controlling Abandoned Areas and Land. This research is normative legal research which uses legal materials with a statutory approach and a contextual approach. The source of the legal material for this research comes from primary legal material which is Ministerial Regulation Number 20 of 2021. The results of this research found that Ministerial Regulation Number 20 of 2021 states that abandoned land is entitled land, land with management rights, and land obtained based on the basis of land control. which are intentionally not cultivated, not used, not exploited, and/or not maintained. Therefore, land abandonment must be prevented and regulated to reduce or eliminate its negative impacts. Thus, preventing, controlling and utilizing abandoned land is an important step and prerequisite for carrying out national development programs, especially in the agrarian sector which has been mandated by the 1945 Constitution of the Republic of Indonesia, Basic Regulations on Agrarian Principles. Keyword : Utilization, Abandoned Land, Ministerial Regulations, Control and Utilization of Abandoned Land.

TINJAUAN YURIDIS KEPASTIAN HUKUM PEMILIKAN RUMAH OLEH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA MENURUT PERATURAN PEMERINTAH NOMOR 103 TAHUN 2015 TENTANG PEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN ORANG ASING YANG BERKEDUDUKAN DI INDONESIA: TINJAUAN YURIDIS KEPASTIAN HUKUM PEMILIKAN RUMAH OLEH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA MENURUT PERATURAN PEMERINTAH NOMOR 103 TAHUN 2015 TENTANG PEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN ORANG ASING YANG BERKEDUDUKAN DI INDONESIA admin, Admin; Moh. Rizki Sapta Gunawan; Kholidazia Elhamzah Fathullah; Muhamad Dluha
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.72

Abstract This research discusses "Juridical Review Of The Legal Certainty Of Home Ownership By Foreign People Residing In Indonesia According To Government Regulation Number 103 Of 2015 Concerning Ownership Of Houses In Which Foreign People Reside In Indonesia". The background to this research emphasizes the issue of land ownership by foreigners, which is often a complicated and confusing topic in the legal realm, because it does not only cover aspects of ownership itself. This research aims to find out and understand the legal certainty of ownership of a residence or residence by foreigners domiciled in Indonesia according to PP No. 103 of 2015. As well as understanding the mechanisms for implementing and enforcing laws regarding home ownership by foreigners as regulated in PP No. 103 of 2015. The research method used is normative law, namely discussing problems using the approach of Law PP Number 103 of 2015. The results of the research state that the mechanism for implementing and enforcing the law regarding home ownership by foreigners is as regulated in PP No. 103 of 2015. And regarding legal certainty of ownership of residential or residential houses by foreigners domiciled in Indonesia according to PP No. 103 of 2015 in accordance with the original Article 21 paragraph (3) of the UUPA which states that foreigners obtain property rights due to inheritance without a will or mixing of assets due to marriage. Keywords : Legal Certainty, Foreign Citizens, Land Ownership

PELAKSANAAN PERTIMBANGAN TEKNIS PERTANAHAN (PTP) TERKAIT PERSETUJUAN KEGIATAN KESESUAIAN PEMANFAATAN RUANG (PKKPR) DIKANTOR BPN KAB.PROBOLINGGO: PELAKSANAAN PERTIMBANGAN TEKNIS PERTANAHAN (PTP) TERKAIT PERSETUJUAN KEGIATAN KESESUAIAN PEMANFAATAN RUANG (PKKPR) DIKANTOR BPN KAB.PROBOLINGGO MEIDEZELLA; DWI WAHYUNI; KHOLIDAZIA ELHAMZAH FATHULLAH
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.82

Abstract The risk-based business licensing system operated electronically by the Investment Coordinating Board (BKPM) is known as the Online Single Submission Risk Based Approach (OSS RBA). The implementation of technical considerations for land (PTP) is carried out by the National Land Agency Office, one of the classifications is the suitability of space utilization activities (KKPR) for business activities carried out through KKPR and PKKPR, licensing can be carried out even though the RDTR is not yet available or the existing RDTR has not been integrated into the OSS system, by using the PKKPR mechanism. while those that have been integrated into the OSS system use KKKPR, this manuscript aims to determine the meaning, application requirements, procedures, and obstacles to technical considerations for land in the framework of approval of the suitability of space utilization activities at the ATR/BPN office of Probolinggo Regency. This study adopts an empirical research method with a conceptual approach by conducting interviews as a data collection technique, Against one of the employees of the ATR/BPN office of Probolinggo Regency, The results of this study are the implementation of Technical Considerations for Land related to the Approval of the Suitability of Business Space Utilization Activities running according to the Service Provision Guidelines, The obstacles include the applicant cannot be contacted, differences in the terms and conditions between the OSS system and the requirements for Technical Considerations for Land, lack of communication between the applicant and the ATR/BPN office of Probolinggo Regency. Keywords: Land Technical Considerations, business licensing, space utilization.

The Implementation of the Return of Criminal Evidence in the Probolinggo District Court Based on Prosecutor's Regulation Number 7 of 2020 Hadiah, Hadiah; Dluha, Muhamad; El HF, Kholidazia
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16982

This study discusses the implementation of the return of evidence in criminal cases at the Probolinggo City District Attorney's Office based on Prosecutor's Regulation Number 7 of 2020 concerning Asset Recovery. The main focus of this study is to describe the administrative mechanisms and obstacles faced in the process of returning evidence after a court decision with permanent legal force. This research was analyzed using the Lawrence M. Friedman Legal System Theory approach which includes three main elements, namely legal structure, legal substance, and legal culture. The method used is an empirical juridical approach with a combination of legislative and socio-legal approaches. Data was obtained through literature studies, observations, and interviews with prosecutors, evidence officers, and the recipient of goods. The results of the study show that the return of evidence is carried out through the digital service system "Sobat Ali" (Evidence Return Solution by the State Attorney Ali), but its implementation still faces several obstacles, including the ignorance of the owner of the goods, low public awareness, and limited evidence storage facilities.

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