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All Journal Tasyri'
Maysarah , Andi
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Religion Law, Crime, Criminology & Criminal Justice

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The Application of Restorative Justice in Handling Traffic Accident Cases by the Traffic Directorate of the North Sumatra Police TP Banjarnahor, Jhon Fraezer; Maysarah , Andi; Hardian Silalahi, Dian
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.471

Abstract

Traffic accidents are legal issues that frequently occur in society and often result in fatalities as well as material losses. The handling of traffic accident cases is generally carried out through the criminal justice system; however, this approach often fails to fully satisfy the sense of justice of the parties involved. Therefore, Restorative Justice has emerged as an alternative approach that emphasizes the restoration of relationships between offenders, victims, and the community. This study aims to examine the legal framework governing the implementation of Restorative Justice in handling traffic accident cases, its application by the Traffic Directorate of the North Sumatra Regional Police, and the efforts undertaken to overcome obstacles in its implementation. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that the application of Restorative Justice in traffic accident cases is supported by an adequate legal basis; however, in practice, it still encounters various challenges, particularly in terms of regulatory aspects, law enforcement capacity, and public understanding.
The Role of Electronic Evidence in Proving Digital Gambling Crimes Study of PWT Decision Sinaga, Chrismansyah; Zuliah , Azmiati; Maysarah , Andi
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.495

Abstract

The advancement of information technology has contributed to the emergence of digital-based crimes, including online gambling. In criminal proceedings, electronic evidence plays a crucial role in establishing the occurrence of such offenses. This study aims to analyze the legal position of electronic evidence within the Indonesian criminal evidentiary system, its application in Decision Number 1/Pid.B/2025/PN PWT, and the judge’s considerations in assessing its probative value. This research employs a normative legal method using statutory and case approaches. The findings indicate that electronic evidence is legally recognized under the Law on Electronic Information and Transactions and is regarded as an extension of evidentiary instruments regulated in the Criminal Procedure Code. In the analyzed decision, screenshots, digital communications, and electronic transaction records significantly contributed to proving the elements of gambling offenses. The court evaluated the evidence based on its legality, authenticity, and correlation with other admissible evidence within the negative statutory system of proof.
Co-Authors Hardian Silalahi, Dian Sinaga, Chrismansyah TP Banjarnahor, Jhon Fraezer Zuliah , Azmiati