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All Journal JURNAL MAHKAMAH AL-SULTHANIYAH
Jasri Akadol, Nina Septiana
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Law, Crime, Criminology & Criminal Justice

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The Deviation of Criminal Law Principles in Embezzlement of Joint Property Committed by Husband or Wife Supriadi, Moh; Husain, Natasya Auliya; Jasri Akadol, Nina Septiana; Gayatri, Nungky Dwi; Yuliana, Yuliana; Natalia, Kristiani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.5807

Abstract

This study aims to determine the deviation of criminal law principles in the embezzlement of joint assets committed by a husband or wife in marriage. Therefore, criminalization is an ideal policy formulation to overcome this deviation. This study uses normative legal research with a legislative approach that examines the Criminal Code, especially the crime of family embezzlement. In addition, a conceptual approach is also used to determine the deviation of criminal law principles so that efforts are obtained to overcome deviations from criminal law principles. This study concludes that there is a deviation of criminal law principles in the crime of embezzlement of joint assets committed by a husband or wife during marriage. This deviation is based on the inconsistency between the formulation of the crime which states that it cannot be prosecuted with the principle of criminal responsibility which regulates the reasons for eliminating the crime, namely the reason for forgiveness and the reason for justification. Furthermore, moral norms cannot prevent the prosecution of a criminal act, as long as there is a complaint from the victim as the concept of the complaint crime. Therefore, as a repressive effort in providing legal protection for victims, a formulation policy is needed by criminalizing embezzlement of joint assets committed by a husband or wife during marriage by eliminating the phrase " "it is impossible to hold criminal charges".
Peran Hakim dalam Penerapan Restorative Justice berdasarkan PERMA Nomor 1 Tahun 2024 Jasri Akadol, Nina Septiana; Aswandi, Aswandi
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4157

Abstract

This study examines the role of judges in implementing restorative justice based on Supreme Court Regulation (PERMA) No. 1 of 2024. The background of this research stems from the need more humanistic approach within the criminal justice system, particularly in handling minor offenses. The purpose of this study is to analyze the role of judges in the implementation of restorative justice and to identify the challenges encountered in its application. The study uses a normative-empirical method, collecting data through document analysis and interviews with judges at the Pontianak District Court. The results of the study show that judges have a central role not only as ratifiers of agreements but also as facilitators, supervisors of the penal mediation process, and assessors of the integrity of agreements. However, the implementation still faces obstacles such as limited understanding, lack of mediation skills, and inadequate supporting infrastructure. Therefore, continuous training and systemic improvements are needed to optimize the judge's role in achieving restorative justice.
Co-Authors Aswandi Aswandi, Aswandi Gayatri, Nungky Dwi Husain, Natasya Auliya Natalia, Kristiani NIM. A1011141008, YULIANA Supriadi, Moh.