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All Journal International Journal of Humanities Education and Social Sciences International Journal of Law and Society International Journal of Sociology and Law International Journal Of Synergi In Law, Criminal And Justice
Lidya Rahmadhani Hasibuan
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Legal Responsibility For Murder Perpetrators Who Suffer From Severe Mental Disorders (Psychotic) Muhammad Bayu Pratama; Lidya Rahmadhani Hasibuan; Chairuni Nasution
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1301

Abstract

Murder is an act that is done intentionally to seize or eliminate the life of another person for which anyone who does it will be held accountable. However, in the Law there is a regulation that a person cannot be held accountable, namely in Article 44 paragraph (1) of the Criminal Code.This research is descriptive with a normative legal writing approach taken from secondary data by processing primary legal materials, secondary legal materials and tertiary legal materials obtained from documentation studies or literature searches or collecting library research data (library research) both offline and online which are then analyzed qualitatively. Based on the research results, it was found that the criteria for perpetrators who experience severe mental disorders in the crime of murder are strange delusions or delusions (the content is clearly unreasonable) and not based on reality, somatic (physical) grandeur, religious, jealousy, hallucinations in any form, then the panel of judges decided that the defendant was guilty of committing the crime of murder, but the defendant could not be punished for the reason of forgiveness in Article 44 paragraph (1) and (2) of the Criminal Code. The criteria for severe mental disorders should be known by the relevant police agency where the defendant works, so that something like this, namely the crime of murder, will never happen so that things like this can be anticipated.
Legal Analysis Of Victims Of Defamation Through Social Media Reviewed From Ite Law No. 19 of 2016 M Qiefajri Adzantha; Lidya Rahmadhani Hasibuan; Muhammad Arif Sahlep
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1302

Abstract

This study is a legal analysis of victims of defamation crimes through social media, viewed from the perspective of ITE Law No 19 of 2016. In Decision Number 108/Pid.B/2023/PN Mdl, the victim experienced defamation through social media platforms.This case illustrates how the perpetrator used social media to spread information that damaged the victim's reputation. However, this study highlights that the decision did not fully consider the rights of the victim in accordance with the provisions of  ITE Law No 19 of 2016, which regulates the protection of defamation victims in the digital era.This research is conducted with a descriptive approach using qualitative methods with normative juridical research types based on secondary data sources taken from court decision case studies and laws with analysis using relevant legal materials. The results of this study show that the final court decision did not fully comply with the prevailing laws in Indonesia in upholding the rights of defamation victims through social media. Judges should further consider the psychological and social impacts experienced by the victims, as well as provide more just and adequate compensation in accordance with  ITE Law No 19 of 2016. Therefore, this study suggests that future legal decisions should be more favorable to victims and comprehensively consider the impacts of defamation crimes through social media.
Legal Reconstruction of Food Provision for Correctional Inmates in Fulfilling Human Rights Hendra Sembiring; Syahranuddin Syahranuddin; Lidya Rahmadhani Hasibuan
International Journal of Law and Society Vol. 2 No. 4 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i4.771

Abstract

The provision of food for inmates is part of the fulfillment of fundamental human rights as regulated in the Regulation of the Minister of Law and Human Rights Number 40 of 2017. However, in its implementation, various problems are still found that require in-depth study to reconstruct the existing system to be more effective in realizing the fulfillment of human rights. This study aims to analyze the implementation of the Regulation of the Minister of Law and Human Rights Number 40 of 2017 in fulfilling human rights in correctional institutions and to formulate an ideal legal reconstruction of the provision of food for inmates to realize the fulfillment of human rights in the future. This study uses a normative legal research method with primary legal materials (legislation related to the provision of food in prisons), secondary (books, journals), and tertiary (legal dictionaries). The analysis was carried out qualitatively to examine the implementation of the policy and formulate an ideal legal reconstruction. The results of the study indicate that the implementation of Permenkumham No. 40/2017 still faces various obstacles including budget constraints, inadequate infrastructure, limited competent human resources, and a less than optimal supervision system. The ideal legal reconstruction includes strengthening the legal basis, developing a sustainable funding system, improving HR competency standards, developing an integrated monitoring system, and utilizing information technology in food management to realize the fulfillment of human rights for correctional inmates.
Legal Enforcement on Prisoners Escaping from Class IIA Narcotics Correctional Facility, Langkat Jefri Aritonang; Lidya Rahmadhani Hasibuan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

The phenomenon of prisoner escapes impacts the criminal law enforcement process, which aims to prevent the public from becoming victims of crime and halt the correctional process in prisons. Sanctions for prisoners who escape from correctional institutions still impose disciplinary penalties in the form of reclusion and the suspension or revocation of certain rights in accordance with applicable laws and regulations without additional criminal proceedings for the inmates. The purpose of this study is to determine law enforcement against prisoners who escaped from correctional institutions, factors that cause prisoners to escape from correctional institutions, and criminal law enforcement against prisoners who escaped from the Class IIA Langkat Narcotics Correctional Institution. This study is a descriptive study with a normative juridical research type using qualitative analysis methods. From the results of the study, the laws and regulations related to prisoners and convicts who escape from detention centers and correctional institutions are Articles 34 and 85 of the Criminal Code, Article 67 of Law Number 22 of 2022 concerning Corrections and Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 6 of 2013 concerning the Rules of Procedure for Correctional Institutions and State Detention Centers, Factors for prisoners escaping from correctional institutions or state detention centers are caused by Internal Factors such as Willingness with personal encouragement, Long prison sentences and External Factors such as Over capacity, Environment and Social Relations, Lack of prison security officers, Inadequate Building Conditions, and Opportunity Factors and Law enforcement against prisoners who escape is by giving sanctions for serious disciplinary violations by entering them into a silent lockup for 12 days and to officers who are negligent or intentionally allow prisoners or detainees to escape is by applying administrative sanctions in the form of warnings to delays in promotions to dismissal from office or with criminal sanctions in prison
Legal Protection For Wives Who Are Victims Of Domestic Violence Based On Law no. 23 of 2004 Arie Prayogi; Lidya Rahmadhani Hasibuan; Fitria Ramadhani Siregar
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 1 (2024): IJHESS AUGUST 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i1.1268

Abstract

Violence against Wives committed by Husbands is often ignored and not seen as a serious problem. In addition, it is necessary to clarify the responsibility of the Husband as the perpetrator of domestic violence and find out how to resolve it legally. And the formulation of the problem in my thesis is How is the Law Enforcement Regarding Domestic Violence Based on Legislation, How is the Legal Protection for Wives Who Are Victims of Domestic Violence and How is the Legal Analysis of the Criminal Act of Committing Physical Violence in the Household Scope Committed by Husbands Against Wives in Decision Number 1329 / Pid.Sus / 2023 / Pn Mdn. The nature of the research in writing the thesis uses descriptive analysis, the type of research uses Normative law while the data collection method uses Library Research, and the type of data in this study uses Primary Data. Many settlements of domestic violence cases do not fulfill a sense of justice, especially for victims in the household. law enforcement in implementing protection for victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence is very much needed, especially domestic violence.The results of this study conclude that the occurrence of domestic violence shows the imbalance of the position of husband and wife in living a household life. Legal protection for victims of domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence is very much needed because of all forms of violence, especially domestic violence.
Peran Rumah Detensi Imigrasi dalam Pemenuhan Hak Asasi Manusia (HAM) Deteni : Studi Penelitian di Rumah Detensi Imigrasi Medan Veronika Karolina Simamora; Yasmirah Mandasari Saragih; Lidya Rahmadhani Hasibuan
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.189

Abstract

Medan Immigration Detention Center (Rudenim) is a technical implementing unit that carries out immigration functions as a temporary shelter for foreigners who are subject to administrative immigration actions in the Nangroh Aceh Darussalam and North Sumatra regions. There are several reasons why foreign nationals are placed in Rudenim, including being in the territory of the Republic of Indonesia without having a valid immigration permit, waiting for the repatriation or expulsion/deportation process, being subject to administrative immigration actions, having completed their sentence and not yet being able to be repatriated or deported. This study aims to determine the history, duties and functions of the Medan Immigration Detention Center and to determine the role of the Medan Immigration Detention Center in fulfilling the Human Rights (HAM) of detainees in the Medan Immigration Detention Center. The research method used is descriptive qualitative and uses a data collection method with a literature review through primary and secondary legal sources. Primary sources such as daily reports made by the Medan Immigration Detention Center, interviews with detainees and employees at the Medan Immigration Detention Center, and observations in the detention room building. As for the secondary sources in this journal, they include related laws and regulations. The results of the study indicate that Rudenim Medan has fulfilled human rights such as the right to worship, receive adequate health services and food, detainees are also given the opportunity to convey complaints, receive visits from family or sponsors, and communicate with representatives of their country. However, there are challenges in the implementation of human rights protection, including the lack of guards at Rudenim Medan and the lack of English language skills of Rudenim Medan officers and the presence of detainees who cannot speak English. Therefore, there needs to be continuous effort from officers at Rudenim Medan, the government and related institutions to strengthen the protection of human rights of detainees at Rudenim Medan.
Co-Authors Arie Prayogi Chairuni Nasution Fitria Ramadhani Siregar Hendra Sembiring Jefri Aritonang M Qiefajri Adzantha Muhammad Arif Sahlep Muhammad Bayu Pratama Syahranuddin Syahranuddin Veronika Karolina Simamora Yasmirah Mandasari Saragih