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All Journal Suloh : Jurnal Fakultas Hukum Universitas Malikussaleh Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Dluha, Muhamad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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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

Abstract

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.
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.v11i2.17827

Abstract

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.
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.v11i2.17827

Abstract

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.
TANGGUNG JAWAB HUKUM PEMERINTAH ATAS KASUS KERACUNAN MASSAL DALAM PROGRAM MAKAN BERGIZI GRATIS (MBG) BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN Aisyah, Intannur; Dluha, Muhamad; Qorib, Fathul
Suloh: Jurnal Fakultas Hukum Universitas Malikussaleh Vol. 14 No. 1 (2026): On the Progress
Publisher : Program Studi Magister Hukum Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to examine the legal provisions governing food provision within “the Free Nutritious Meal Program (MBG)” and to analyze the forms of government legal responsibility in the event of mass “food poisoning incidents during its implementation. The MBG program is a government policy supported by Presidential Regulation Number 83 of 2024 concerning the National Nutrition Agency,” which emphasizes the government's role in planning, implementing, supervising, and ensuring the quality and safety of nutritious food provided to program beneficiaries, particularly school-age children who are considered a vulnerable group. “This research employs a normative legal research method supported by statutory and conceptual approaches. Legal materials, both primary and secondary, were analyzed using descriptive qualitative techniques to systematically explain and understand the research issues. The results of the study indicate that although the legal framework concerning government supervision and responsibility has been normatively established, its practical implementation has not been fully effective due to” weak supervisory control, unclear division of authority among institutions, and suboptimal accountability mechanisms. Government negligence in supervision may give rise to administrative and civil legal liability, and under certain circumstances may also lead to criminal liability if it is proven to have caused mass food poisoning. This study highlights the importance of strengthening the supervision system, improving inter-agency coordination, and implementing transparent accountability mechanisms to ensure that the MBG Program can be carried out effectively, safely, and fairly, while providing optimal legal protection for the public, especially children as program beneficiaries. The findings of this study are expected to serve as a basis for policy evaluation and recommendations to improve food safety supervision and legal protection for society.
Co-Authors Aisyah, Intannur Fathul Qorib Hadiah, Hadiah Kholidaziah, Kholidaziah