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All Journal Legal Protection for the Partnership Agreement Parties Ta'zir: Jurnal Hukum Pidana
Kasmarani, Yuli
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Problems with Regional Head Elections: Constitutional Court Decisions on Disputes over Regional Head Election Results in Jambi Province Windi Aji , Ari Bakti; Repelita, Repelita; Kasmarani, Yuli; Tri Yandy, Eza; Rahmat , Al Fauzi
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1474

Abstract

This research is entitled Problems of Regional Head Elections (Study of Constitutional Court Decisions regarding Disputes over Regional Head Election Results in Jambi Province). This type of research is normative legal research. The focus of the research is to examine what are the legal issues for regional head elections submitted by the Petitioners in cases of regional head election results in the Jambi province region to the Constitutional Court and how the trend of decisions based on legal considerations of the Constitutional Court in cases of regional head election disputes in the Jambi province region. The results of the study show that the legal issues raised by the Petitioners in the case of disputes over the results of regional head elections to the Supreme Court of the Constitution are quite numerous and varied, some are proven, and some were not proven because the Court did not believe in the evidence presented by the Petitioners, and some were not proven because the Court had not considered them. These problems in general include: administrative violations, legal violations in the form of money politics, intimidation and mobilization of civil servants, village heads, and village officials by the incumbent regional head candidate. The organizers allow violations and side with one pair of candidates. As for the issue of decision trends, the majority of applications were rejected and could not be accepted, while for requests that were and there were only 2 (two) cases, namely the 2013 Election of the Regent and Deputy Regent of Kerinci district and the 2020 Election of the Governor and Deputy Governor of Jambi province. Then, there are different trends in MK decisions, Niet Ontvankelijke Verklaard), and focus more on the formal requirements of the application which often overrides the substance of the case.
Problems with Regional Head Elections: Constitutional Court Decisions on Disputes over Regional Head Election Results in Jambi Province Windi Aji , Ari Bakti; Repelita, Repelita; Kasmarani, Yuli; Tri Yandy, Eza; Rahmat , Al Fauzi
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1474

Abstract

This research is entitled Problems of Regional Head Elections (Study of Constitutional Court Decisions regarding Disputes over Regional Head Election Results in Jambi Province). This type of research is normative legal research. The focus of the research is to examine what are the legal issues for regional head elections submitted by the Petitioners in cases of regional head election results in the Jambi province region to the Constitutional Court and how the trend of decisions based on legal considerations of the Constitutional Court in cases of regional head election disputes in the Jambi province region. The results of the study show that the legal issues raised by the Petitioners in the case of disputes over the results of regional head elections to the Supreme Court of the Constitution are quite numerous and varied, some are proven, and some were not proven because the Court did not believe in the evidence presented by the Petitioners, and some were not proven because the Court had not considered them. These problems in general include: administrative violations, legal violations in the form of money politics, intimidation and mobilization of civil servants, village heads, and village officials by the incumbent regional head candidate. The organizers allow violations and side with one pair of candidates. As for the issue of decision trends, the majority of applications were rejected and could not be accepted, while for requests that were and there were only 2 (two) cases, namely the 2013 Election of the Regent and Deputy Regent of Kerinci district and the 2020 Election of the Governor and Deputy Governor of Jambi province. Then, there are different trends in MK decisions, Niet Ontvankelijke Verklaard), and focus more on the formal requirements of the application which often overrides the substance of the case.
REVIEW OF ISLAMIC CRIMINAL LAW ON THE SETTLEMENT OF MOTORCYCLE EMBEZZLEMENT CASES THROUGH RESTORATIVE JUSTICE Amri, Ilal; Sadi Is, Muhamad; Kasmarani, Yuli
Tazir Vol 9 No 2 (2025): Ta'zir: Jurnal Hukum Pidana
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/tazir.v9i2.32603

Abstract

The settlement of motorcycle embezzlement cases that occur in the community is usually resolved through litigation, but as the times develop, the case is resolved through the restorative justice mechanism. However, not all cases of motorcycle embezzlement can be resolved through restorative justice  mechanisms and whether there is a deterrent effect on the perpetrator after the case is resolved through restorative justice. The formulation of this research problem is: first, how to resolve motorcycle embezzlement cases through restorative justice, second, how to resolve motorcycle embezzlement cases through restorative justice according to the perspective of Islamic criminal law. The author uses normative legal research with qualitative data types, namely research by examining and describing the sources of data obtained through literature studies, and document studies. The data sources used in this study are primary, secondary and tertiary legal materials. The results of the study conclude that the settlement of motorcycle embezzlement cases through restorative justice can be carried out through several requirements in existing regulations in the criminal justice subsystem such as in the Police, Prosecutor's Office and the General Justice Environment. In the Police, it is regulated in Police Regulation No. 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice. The Prosecutor's Office is regulated in Prosecutor's Regulation No. 15 of 2020. And finally, the application of motorcycle embezzlement cases can also be resolved through restorative justice in the Court environment based on the Supreme Court Regulation of the Republic of Indonesia No. 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. In Islamic criminal law, motorcycle embezzlement cases can be resolved through restorative justice if there is forgiveness from the family and also the perpetrator compensates for the losses due to the criminal act he has harmed.
Co-Authors Amri, ilal Rahmat , Al Fauzi Repelita, Repelita Sadi Is, Muhamad Tri Yandy, Eza Windi Aji , Ari Bakti