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Albayan : Journal of Islam and Muslim Societies
Published by Yayasan Dar Arrisyah Indonesia
ISSN : -     EISSN : 30646219     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in Asia and Middle East.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 16 Documents
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Search results for , issue "Vol. 1 No. 02 (2024)" : 16 Documents clear
Tinjauan Yuridis Penanggulangan Tindak Pidana Kecelakaan Lalu Lintas Oleh Anak Yang Mengakibatkan Matinya Korban Rudi Anto Sinaga
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

This study aims to determine the discretion in traffic crimes that result in the loss of life of others by children, the implementation of police discretion, as well as obstacles and efforts in its application. The research method uses a normative and empirical legal approach. The normative study examined Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA) and Law No. 2 of 2002 concerning the Indonesian National Police. The empirical study was conducted by examining the practice of police discretion, particularly at the Indrapura Police Station. The results of the study show that the legal basis for police discretion is found in Article 18 paragraph (1) of the Police Law, which gives the authority to act according to one's own judgment in the public interest. In practice, the police apply a restorative justice model through Alternative Dispute Resolution (ADR) in the form of mediation between the child offender and the victim's family. This mechanism aims to protect the best interests of the child while restoring social relations. The obstacles that arise are the choice of imprisonment or fines as sanctions, where the community prefers fines so as not to cause a deterrent effect, as well as the negative perception of children towards the police due to a lack of legal understanding. In conclusion, police discretion in juvenile traffic cases prioritizes restorative justice, but its effectiveness is limited due to obstacles in legal awareness and the weakness of the applicable sanctions.
Penegakan Sanksi Kode Etik Profesi Kepolisian Terhadap Anggota Polri Melakukan Pungutan Liar Gatot Priadi
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Police officers who commit extortion crimes have violated disciplinary rules and the code of ethics because every member of the Police is obliged to uphold the law and maintain the honor, reputation, and dignity of the Indonesian National Police. The formulation of the problem in this study is how to regulate the law on extortion committed by members of the Traffic Police Unit, how is the accountability of members of the Traffic Police Unit who commit extortion, how to resolve violations of the code of ethics of the Traffic Police Unit who commit extortion. This study is a descriptive analytical study that leads to empirical legal research. The data sources in this study are primary data and secondary data. Primary data is data obtained directly from research at the North Sumatra Regional Police. Data collection tools are library research and field research. The legal regulation of extortion carried out by members of the Traffic Police Unit is regulated in Law Number 2 of 2002 concerning the Republic of Indonesia Police, Law Number 20 of 2001 concerning Corruption Crimes, Presidential Regulation (Perpres) Number 87 of 2016 concerning the Task Force for Eradicating Extortion (Saber Pungli) and the Criminal Code. The weakness of this law is that it does not explicitly regulate sanctions against perpetrators of extortion crimes. The accountability of members of the Traffic Unit who carry out extortion, the North Sumatra Regional Police will take strict action against its members who are proven to have carried out extortion in carrying out services to the community, namely being removed from their positions and not being allowed to carry out traffic duties in the field and being assigned as Casual Daily Employees (PHL). The resolution of violations of the code of ethics of the North Sumatra Regional Police Traffic Unit who carry out extortion is by forming a special team (Timsus) tasked with eradicating police members who carry out extortion (Pungli) while carrying out state duties. This team is tasked with monitoring member activities at the internal and external police levels.
Analisis Yuridis Tindak Pidana Penyebaran Konten Asusila Berdasarkan Undang-Undang No. 19 Tahun 2016 Tentang Informasi Dan Transaksi Elektronik Satria Bagus Santoso
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Criminal acts of indecency involving the dissemination of indecent photos through social media have a negative impact on society. The research questions include: (1) how are criminal acts of indecency involving the distribution of indecent photos through social media accounts regulated by law; (2) how are perpetrators held accountable; and (3) how do judges consider criminal sanctions against perpetrators, as in Decision Number 483/Pid.B/2019/PN.Amb. This research uses a descriptive literature review method and a normative legal approach analyzed qualitatively. Legal regulations regarding the distribution of indecent photos through social media are contained in the Criminal Code, Law Number 44 of 2008 concerning Pornography, and Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE. The perpetrator's punishment in the verdict was 3 (three) years imprisonment and a fine of IDR 1,000,000,000, with a subsidiary penalty of 2 (two) months imprisonment. The panel of judges found all elements of the criminal offense proven based on evidence, witness testimony, and the defendant's statements. No justifying or exculpatory reasons were found, so the defendant's actions were legally accountable.
Analisis Yuridis Penyelesaian Tindak Pidana Penggelapan Melalui Pendekatan Keadilan Restoratif (Restoratif Justice)(Studi Putusan Pengadilan Negeri Tanjung Selor Nomor 39/Pid.B/2022/Pn Tjs) Chairuddin Lubis; Syahrul Bakti Harahap
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

Criminal law practice, which initially emphasized retributive justice, is shifting toward restorative justice, focusing on restoring relationships among victims, offenders, and society. This study examines the legal framework and mechanisms for applying restorative justice under Indonesian law, particularly in embezzlement cases through the District Court Decision of Tanjung Selor No. 39/Pid.B/2022/PN.Tjs. The research is descriptive with a normative juridical approach and qualitative analysis. Findings indicate that restorative justice is regulated under Supreme Court Regulation No. 1 of 2024, emphasizing dialogue, mediation, and reconciliation to achieve fair settlements. In the embezzlement case, the defendant directly apologized to the victim, expressed remorse, and accepted responsibility. The judge’s consideration focused on recovery, resulting in a five-month prison sentence, lighter than the prosecutor’s demand. The study concludes that restorative justice provides a faster, simpler, fairer resolution while reducing the burden on the judicial system. It is recommended that the legal substance of restorative justice be further strengthened and law enforcement officers optimize its implementation by involving community participation and legal culture.
Implementasi Sanksi Pidana Dan Etik Terhadap Oknum Anggota Kepolisian yang Melakukan Tindak Pidana Penyalahgunaan Narkotika Fadly Devari; Tri Reni Novita
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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This study examines the implementation of criminal sanctions and ethical codes against police officers involved in drug abuse. Law Number 35 of 2009 on Narcotics applies not only to the general public but also to members of the Indonesian National Police. The research focuses on the legal framework for ethical violations, law enforcement mechanisms by the Professional and Security Division (Bidpropam) of the North Sumatra Regional Police, and the challenges faced during enforcement. The study employs normative and empirical juridical approaches, supported by interviews with Aipda M. Ikhwan Hasibuan, a Bidpropam accreditor. Findings indicate that police officers proven to have abused narcotics remain subject to criminal proceedings despite disciplinary or ethical sanctions. Ethical hearings determine further measures, including dishonorable discharge if the imposed criminal sentence exceeds five years. Legal regulations governing these processes are stipulated in Law No. 35 of 2009, Law No. 2 of 2002 and 2003, Government Regulation No. 2 of 2003, and Police Regulation No. 7 of 2022. Obstacles in enforcement include the absence of alleged violators during proceedings and the lengthy duration of court trials. This study underscores that consistent law enforcement against police officers involved in narcotics abuse is essential to uphold the integrity of the police institution.
Mekanisme Penindakan Terhadap Oknum Anggota Polisi yang Melakukan Pelanggaran Kode Etik Oleh Bidang Profesi Dan Pengamanan (PROPAM) Dahri Iskandar
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 02 (2024)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

The attitudes and behavior of members of the Indonesian National Police are governed by the Police Professional Code of Ethics as stipulated in Police Regulation Number 7 of 2022. This study examines the legal framework and enforcement mechanisms implemented by Propam against police officers who violate the code of ethics, as well as the challenges and efforts encountered in the process. The research is descriptive-analytical with an empirical juridical approach. Data were collected through literature review and field research at the North Sumatra Regional Police, consisting of both primary and secondary sources. The findings reveal that enforcement against ethical violations includes not only ethical sanctions but also criminal penalties under the Indonesian Criminal Code and administrative sanctions as regulated in Police Regulation No. 7 of 2022. The enforcement process begins with public reports, internal investigations, and hearings before the Police Code of Ethics Commission, which consists of three to five members, including the adjudicator (Ankum), prosecutor, and advisor, all from within the police institution. Challenges include the absence of alleged violators, lengthy trial proceedings, and limitations in internal supervision. This study emphasizes the importance of consistent enforcement by Propam to uphold professionalism and the integrity of the police institution.

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