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LAWYER: Jurnal Hukum
Published by Asian Publisher
ISSN : -     EISSN : 29869056     DOI : https://doi.org/10.58738/lawyer
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
LAWYER: Jurnal Hukum (E-ISSN 2986-9056) adalah jurnal ilmiah peer-review berkualitas tinggi dengan akses terbuka yang diterbitkan dua kali setahun oleh Penerbit Asian Publisher. LAWYER: Jurnal Hukum berfokus pada hukum pidana, hukum perdata, hukum internasional, hukum transportasi, hukum lingkungan, e-commerce, hukum tata negara, hukum adat, hukum acara, alternatif penyelesaian sengketa. Aspirasi wawasan regional, nasional maupun internasional terwadahi dalam karya orisinal yang mendasar (fundamental) namun memiliki unsur kebaruan (updated) sehingga karya yang dihasilkan merupakan hasil penalaran sistematis, relevan dan memiliki kontribusi tinggi terhadap pembangunan ilmiah bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 34 Documents
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Implementation Of Coaching For Prisoners Who Abuse Narcotics As An Effort To Prevent Criminal Offenses (Case Study Of Class Ii Langkat Narcotics Correctional Institution) Rudi Prasetyo Panjaitan; T. Riza. Zarzani
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.451

Abstract

Implementation of Coaching of Narcotics Abuse Convicts as an Effort to Prevent Repetition of Crimes (Case Study of Class II Langkat Narcotics Correctional Institution. This study aims to determine the implementation of coaching conducted by the Class II Langkat Narcotics Correctional Institution against narcotics abuse inmates as an effort to prevent repetition of criminal acts and to determine the effectiveness of the implementation of inmate coaching at the Class II Langkat Narcotics Correctional Institution. This research was conducted at the Class II Langkat Narcotics Penitentiary. The data obtained then processed and analyzed descriptively qualitative that is where the data is collected, compiled, interpreted, and analyzed so as to provide a complete description in accordance with the problem at hand. The results showed that (1) Implementation of Coaching in Correctional Institution Narcotics Class II Langkat implemented in several stages including the initial stage, the advanced stage and the final stage. In the early stages include personality development and independence, in the advanced stage there is an assimilation stage where the inmate is entitled to leave before release or parole. at this stage also implemented social work assimilation which aims that if the inmate later has been released then he is not ostracized by the community and does not repeat the crime again. This final stage of coaching will be given parole for prisoners who have met the requirements. (2) The implementation of inmate coaching at the Class II Langkat Narcotics Penitentiary has been going well but has not been able to run effectively. This is because the implementation of coaching is not classified based on the crime, which means that the coaching carried out on narcotics and non-narcotics prisoners is equalized.
Delays On Distribution Of Inheritance As Wise As From The Perspective Of Positive Law And Fiqh Law According To Ulama In Aceh Lukmanul Hakim
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.452

Abstract

This research describes the delay in distribution of inheritance according to positive law and fiqh law according to ulama in aceh. the purpose of this research is education and advocacy for the community. according to postive law and fiqh law, inheritance is an absolute right of the heirs which should be distributed immediately after paying off the debts and inheritance of the heirs, but because the distribution is not hastened, it has a negative impact on the heirs. delays in dividing inherited assets result in loss of rights and changes in the value of inherited assets. this phenomenon often occurs in society in general, especially the people of aceh tamiang regency. this type of research is field research where the main source is the results of field interviews. The results of this research based on the perspective of positive law and fiqh law are: 1) the impact of delays in the distribution of inheritance, namely: the occurrence of family problems/breakdown of ties between heirs, which can result in loss of property value, as well as abuse of some heirs because of their rights. not fulfilled. 2) the views of the aceh tamiang ulama regarding postponing the distribution of inheritance are divided into three laws, namely: obligatory postponement, permissible postponement, and haram postponement. these three laws are adapted to the situation that occurs if the distribution of inheritance is delayed due to doubts regarding the lineage and/or doubts about whether or not heirs are obligated for life until there is a determination of the lineage and/or heirs from the court. likewise, delaying the distribution of inheritance due to doubts due to the actual pregnancy or doubts regarding gender (khunsa) is mandatory so that the status of both is clear. if you postpone the distribution of inheritance, if you get the approval of all the rightful heirs and are mu'tabar in giving permission and administering it according to sharia law, then it is permissible. if delaying the distribution of inherited assets creates injustice for the heirs or results in losses and a decrease in the value of the assets, then the law is haram.
Fulfillment Of The Rights Of Children In Conflict With The Law With The Law In The Child Development Institution Special Child Development Institution (Lpka) Class I Medan Josep Manahan; Robi Krisna2
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.459

Abstract

Children are the next generation of a nation, so that the growth and development of children must be considered properly, and even not only the responsibility of the family and parents but also the responsibility of society and the state, considering that Indonesia is a welfare state that has an obligation to guarantee the rights of its state colors properly. In this case, including the rights possessed by children in conflict with the law (ABH), even though they are children in trouble with the law, they are children who must be protected for the fulfillment of their rights. This study was conducted using the method of literature and document studies, in the form of books, journal articles, or other types of writings and various laws and regulations relating to cases of children in conflict with the law (ABH). The results of the study indicate that the fulfillment of the rights of correctional students consisting of the right to survive and develop, the right to protection and the right to participate has been carried out well by LPKA. Although there is still a lack of correction social workers in LPKA who act as facilitators and bridges for ABH to get education and carry out the rehabilitation process according to the needs of children.
Implementation of Punishment and Guidance of Narcotics Offenders in Correctional Institutions Narcotics Class II A Langkat Thondi; Fitria Ramadhan Siregar; Robi Krisna
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.462

Abstract

This study was conducted with the aim to determine the Implementation of Criminal and Guidance Wargabinaan Narcotics Crime in Correctional Institution Narcotics Class II A Langkat and to know the obstacles faced by correctional officers and solutions that have been done by correctional officers in coaching inmates in order to realize the correctional system. The method used in this research is juridical sociological to get real legal research by going directly to the object, primary data obtained directly from the source through interviews with correctional officers and prisoners concerned, and secondary data used as supporting data in this study. From the results of the research obtained by the Criminal Implementation and Development of Wargabinaan, namely: Development of Religious Awareness through learning the Koran, istigosah, hadrah, and worship practices, Development of Nation and State Awareness through ceremonial activities and apples, Intellectual Development through libraries and information media such as television, Development of Legal Awareness through legal counseling, Development of Integration with the Community through Conditional Release, Conditional Leave and Leave before release. The obstacles faced in the Development of Personality of Prisoners are: Lack of quantity of employees, inadequate facilities and infrastructure, excess capacity of prisoners and detainees,namely: Lack of quantity of employees, Inadequate facilities and infrastructure, Excess capacity of inmates and detainees, Lack of coaching time, Constraints from the prisoners themselves and Constraints from the Community
The implementation of Coaching for Prisoners of Drug Abuse Narcotics as a Preventive Effort Narcotics Crime (Case Study of Class II Langkat Narcotics Correctional Institution) Rudi Prasetyo Panjaitan; T. Riza. Zarzani
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.463

Abstract

Guidance is provided to drug inmates in an attempt to prevent recidivism (case study at Langkat Type 2 Drug Correctional Facility). The purpose of this study was to examine the implementation status of the guidance provided by Class II Langkat Narcotics Correctional Facility to drug-abusing inmates to prevent relapse to criminal behavior, and the implementation of inmate guidance at Langkat Narcotics Correctional Facility. It is to judge the effectiveness of Class II is to be determined. The test was conducted at Class II Langkat Narcotics Prison. The data obtained were processed and analyzed descriptively and qualitatively. This involves collecting, compiling, interpreting, and analyzing data to provide a complete explanation according to the problem at hand. The results showed that (1) the implementation of class II run cut narcotic instruction in correctional facilities is carried out at several stages, including the initial stage, advanced stage, and terminal stage; In the early stages include personality development and independence, in the advanced stage there is an assimilation stage where the inmate is entitled to leave before release or parole. at this stage also implemented social work assimilation which aims that if the inmate later has been released then he is not ostracized by the community and does not repeat the crime again. This final stage of coaching will be given parole for prisoners who have met the requirements. (2) The implementation of inmate coaching at the Class II Langkat Narcotics Penitentiary has been going well but has not been able to run effectively. This is because the implementation of coaching is not classified based on the crime, which means that the coaching carried out on narcotics and non-narcotics prisoners is equalized.
Elements of Punishment and Prisoner Development in Narcotics Crime (Study on the Development of Prisoners in Correctional Institution Class IIA Pancur Batu Deli Serdang Regency) Agam Saputra Antonius; Yasmirah M.S.; T.Riza Zarzani
LAWYER: Jurnal Hukum Vol. 1 No. 2 (2023): LAWYER : Jurnal Hukum
Publisher : ASIAN PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58738/lawyer.v1i2.471

Abstract

This study aims to look at the Criminal Elements and Prisoner Development in Narcotics Crimes (Study of Prisoner Development at Klas IIA Pancur batu Correctional Institution, Deli Serdang Regency. This type of research is a descriptive research method with qualitative methods and a Juridical Sociological approach (social legal approach). The result of this research is that the Correctional System can be achieved, namely forming Prisoners to become fully human, realize their mistakes, improve themselves, and also not repeat criminal acts so that they can be accepted back by the community environment, play an active role in development and live reasonably as good and responsible citizens. Inmate Development Patterns, consisting of Personality Development and Independence Development.
Juridical Review Of Child Victims Of Cyberbullying Through Social Media Reviewed From The Perspective Of Criminal Responsibility Betania Nasaretta Tarigan, Balimeita
LAWYER: Jurnal Hukum Vol. 2 No. 1 (2024): LAWYER: Jurnal Hukum
Publisher : ASIAN PUBLISHER

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Abstract

Children as part of the young generation are one of the potential human resources and as successors to the ideals of the nation's struggle in the present and future. Children have a strategic role and have special characteristics and characteristics, so they require guidance and protection in order to ensure balanced physical, mental and social growth and development. The aim of the research is to determine the juridical influence of child victims of cyberbullying via social media from a criminal liability perspective. This research uses normative juridical research methods. Normative legal research is legal research that examines written law from various aspects, namely aspects of theory, history, philosophy, comparison, structure and composition, scope of material, and consistency. The conclusion in this research is that the legal basis for the criminal act of cyber bullying is Article 315, because the criminal act of cyber bullying fulfills both the subjective and objective elements contained in Article 315 of the Criminal Code. The regulation of criminal acts of cyber bullying outside the Criminal Code is contained in Article 27 Paragraph (3) of the ITE Law because this article explains about insults carried out via computer or electronic media which is in accordance with the act of cyber bullying which is an insult through cyberspace. In realizing legal justice for society, especially in cases of criminal acts of insults in cyberspace (cyber bullying), it would be better for the government and law enforcement officials to expand further and make specific regulations in the Criminal Code. There are clear arrangements to make it easier to prove crimes if there are cases like the ones above.
Peranan Ammatoa Dalam Pemberian Sanksi Tindak Pidana Pelaku Pengrusakan Hutan Di Suku Adat Kajang Ammatoa Khairun Nisa; Kaharuddin; suardi
LAWYER: Jurnal Hukum Vol. 2 No. 1 (2024): LAWYER: Jurnal Hukum
Publisher : ASIAN PUBLISHER

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Abstract

Penelitian ini membahas tentang peranan Ammatoa dalam pemberian sanksi tindak pidana pelaku pengrusakan hutan di suku adat Kajang Ammatoa. Karena masih ada pelaku yang masih melakukan pelanggaran pengrusakan hutan seperti menebang kayu, mengambil udang, membakar lebah dan mengambil rotan padahal sudah ada sanksi-sanksi hukum adat yang akan di berikan serta ritual-ritual ekstrim yang dapat dilakukan. Penelitian ini bertujuan untuk mengetahui peranan Ammatoa sebagai kepala suku beserta pemangku adatnya dalam menyelesaikan kasus pengrusakan hutan. Penelitian ini berlokasi di Desa Tanah Towa, Kecamatan Kajang, Kabupaten Bulukumba. Jenis penelitian ini adalah oenelirian kualitatif dengan pendekatan studi kasus. Teknik pengumpulan data dilakukan dengan observasi, wawancara dan dokumentasi. Analisis data dilakukan secara interaktif, melalui proses reduksi data, penyajian data dan pengambilan kesimpulan. Hasil penelitian ini menujukkan bahwa Ammatoa sebagai kepala suku memiliki peran yang sangat penting dalam menyelesaikan permasalahan-permasalah yang terjadi tidak hanya itu peranan pemangku adat juga sangat membantu dalam proses pengambilan keputusan yang dilakukan melalui musyawarah sehingga pelaku pengrusakan hutan dapat dikenakan sanksi sesuai dengan pelanggaran yang mereka lakukan.
Fostering Children Who Commit Criminal Offenses In Special Child Development Institutions Hutapea, Jefri Takkas Parulian; Hasibuan, Syaiful Asmi; Yasmirah
LAWYER: Jurnal Hukum Vol. 2 No. 1 (2024): LAWYER: Jurnal Hukum
Publisher : ASIAN PUBLISHER

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Abstract

The Child Special Development Institution or abbreviated as LPKA is an institution where children serve their sentence, LPKA is the final stage of the criminal justice system authorized by the state to provide guidance and provide protection to correctional students who are appropriate and in accordance with the conditions of the child inmate, in the field there are still often found repeated criminal offenders, and there are children aged 19 years who are placed in LPKA. The question in this thesis is how the form of coaching for child offenders of repeated criminal offenses in LPKA Klas I Medan and what are the inhibiting and supporting factors for the coaching of children of repeated criminal offenders in LPKA Klas I Medan. In this research the author uses the Empirical Juridical research method with the aim of providing answers to researcher questions based on secondary data collected from library materials, primary data obtained from interviews and documentation and tertiary data, namely other supporting data.Religious Development such as five daily prayers, reading the Qur'an, sholawat and giving spiritual studies every Friday in collaboration with the Ministry of Religion. Educational Development named PKBM (Community Learning Activity Center), namely learning with the package system A, B and C in collaboration with the Education Office. Skills Development, namely interests and talents such as sports, arts, welding training activities, handicrafts, fisheries and agriculture. From the explanation above, it is concluded that the inhibiting factors of coaching, the absence of regulations governing children of repeat offenders specifically, a short coaching period, the completeness of facilities and infrastructure that has not been maximized, the lack of instructors / coaches to assist andik coaching activities. As for the supporting factors for coaching, all parties in LPKA take responsibility for the future of andik, good cooperation with partners to bring competent parties in their fields, the role of the surrounding community and supporting facilities and infrastructure in LPKA Klas I Medan. The Child Special Development Institution or abbreviated as LPKA is an institution where children serve their sentence, LPKA is the final stage of the criminal justice system authorized by the state to provide guidance and provide protection to correctional students who are appropriate and in accordance with the conditions of the child inmate, in the field there are still often found repeated criminal offenders, and there are children aged 19 years who are placed in LPKA. The question in this thesis is how the form of coaching for child offenders of repeated criminal offenses in LPKA Klas I Medan and what are the inhibiting and supporting factors for the coaching of children of repeated criminal offenders in LPKA Klas I Medan. In this research the author uses the Empirical Juridical research method with the aim of providing answers to researcher questions based on secondary data collected from library materials, primary data obtained from interviews and documentation and tertiary data, namely other supporting data.Religious Development such as five daily prayers, reading the Qur'an, sholawat and giving spiritual studies every Friday in collaboration with the Ministry of Religion. Educational Development named PKBM (Community Learning Activity Center), namely learning with the package system A, B and C in collaboration with the Education Office. Skills Development, namely interests and talents such as sports, arts, welding training activities, handicrafts, fisheries and agriculture. From the explanation above, it is concluded that the inhibiting factors of coaching, the absence of regulations governing children of repeat offenders specifically, a short coaching period, the completeness of facilities and infrastructure that has not been maximized, the lack of instructors / coaches to assist andik coaching activities. As for the supporting factors for coaching, all parties in LPKA take responsibility for the future of andik, good cooperation with partners to bring competent parties in their fields, the role of the surrounding community and supporting facilities and infrastructure in LPKA Klas I Medan.
Criminological Factors Causing The Crime Of Theft Of Motorized Vehicles (Study In Class Ii B Correctional Institution Lubuk Pakam) Jenhry Cardo Sinaga
LAWYER: Jurnal Hukum Vol. 2 No. 1 (2024): LAWYER: Jurnal Hukum
Publisher : ASIAN PUBLISHER

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Abstract

There are limitations that cannot be resolved by criminal law which basically criminal law itself only focuses on efforts to solve a criminal offense that has occurred not to find out how to prevent the occurrence of the crime. This research aims to find out and analyze the factors why someone commits motor vehicle theft and to find out, describe and analyze the modus operandi used by the perpetrator in carrying out the action of stealing motor vehicles. This research is juridical empirical in nature by examining the applicable legal provisions related to prisoner development. Research materials both in the form of primary data and secondary data are obtained from field research and literature research. The data obtained from both literature study and field research will be analyzed descriptively qualitatively by classifying and completing data obtained from theories, principles, and legal rules obtained from literature study. The results of this study are the factors that cause motor vehicle theft crimes are economic factors, environmental factors, educational factors, law enforcement factors, individual factors and global development factors. While the modus operandi used by the perpetrators include pretending to borrow or rent a motorcycle, using a T key used to damage the key house, stalking, following and then blocking potential victims, making credit using a fake identity, spreading nails on certain roads and pretending to look for a place to live (boarding / renting) in an area.

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