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All Journal Tasyri'
Zuliah , Azmiati
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Religion Law, Crime, Criminology & Criminal Justice

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Journal : Tasyri'

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Implementation of the Principle of Ultimum Remedium through a Restorative Justice Approach in Handling Minor Persecution in the North Sumatra Police Siregar, Rahmad; Zuliah , Azmiati; Maysara, 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.v5i1.488

Abstract

The handling of minor assault offenses within the Indonesian criminal justice system is grounded in the principle of ultimum remedium, which positions criminal punishment as a measure of last resort. In line with the development of the restorative justice paradigm, the police are granted discretion to resolve certain cases through non-litigation mechanisms focused on restoration. This article examines victim protection, the implementation of the ultimum remedium principle, and the obstacles encountered in the application of restorative justice in handling minor assault cases at the North Sumatra Regional Police. This study employs an empirical legal research method combined with statutory and conceptual approaches. The findings indicate that, in principle, the application of restorative justice at the North Sumatra Regional Police reflects the ultimum remedium principle; however, its implementation continues to face normative, structural, and cultural challenges that affect the effectiveness of victim protection and legal certainty.
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 Maysara, Andi Maysarah , Andi Sinaga, Chrismansyah Siregar, Rahmad