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Syamsul Alam
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INDONESIA
COMPENDIUM OF JUDGE MADE LAW
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 30903513     DOI : https://doi.org/10.56087/cjml.v1i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Compendium of Judge Made Law is a Scientific Journal in the field of law published twice a year (October and April) by the Faculty of Law, Universitas Muslim Indonesia. Compendium of Judge Made Law is a forum for academics and legal practitioners to disseminate legal knowledge to the wider community in the field of legal reference studies in legal journals covering various branches of Judicial Law in the Context of public law, civil law, Environment, and Human Rights in Indonesia, Southeast Asia, and the Global Context.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Child Criminalization (Case Study of Decision No. 1270/pid.B/2022/PN.Maros) Ashadul, Muhammad; Ramadhan, Muhammad Fauzi; Putera, Airlangga
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/vy55t176

Abstract

This research aims to analyze the process of criminalizing children and actions against delinquent children at the Maros District Court, as well as the obstacles faced in its implementation. The research method used was qualitative with interview and documentation techniques at the Maros District Court and the Maros Class II State Detention Center. The research results reveal that the implementation of Law no. 11 of 2012 Juncto Law no. 3 of 1979 concerning the Juvenile Court in Maros Prison has considered the statements of witnesses and victims in the criminal sentencing process. Punishment is generally imposed on children who commit crimes, except serious crimes, by considering negotiations and alternative sanctions. This opinion is generally held by juvenile court judges and greatly influences decision making. As a country that is legally bound by the UN Convention on the Rights of the Child, Indonesia is obliged to protect children who are in conflict with the law. Law no. 11 of 2012 Juncto Law no. 3 of 1979 concerning Children's Courts is expected to be a control in law enforcement that protects children's rights.
Application Of Primum Remedium Principle in Corruption Criminal Acts In Decision (Number 46/Pid.Sus.TPK/2024/PN Mks) Wirayudha, Budhi; Marsuni, Lauddin; Assaad, Andi Istiqlal
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/2y3b6s15

Abstract

This study aims to find out two things, namely the first to find out the legal considerations of the Panel of Judges in applying the primum remedium principle in decision Number 46 / Pid.Sus.TPK / 2024 / PN Mks and the second to find out the application of the Primum Remedium Principle in Corruption Crimes in Decision Case Number 46 / Pid.Sus.TPK / 2024 / PN Mks has met the legal objectives. The method in this study is to use normative legal research, the type of research is carried out by studying the laws and regulations in society related to the problems that the author is studying. The results of the study revealed that the legal considerations by the Panel of Judges in decision number 46 / Pid.SUS.TPK / 2024 / PN.Mks, have applied the primum remedium principle by imposing imprisonment and additional compensation in the form of compensation commensurate with state losses. Although this case meets the requirements for applying a restorative justice approach because the value of state losses is relatively small. Apart from this controversy, the Judge's considerations in the decision are in accordance with applicable legal regulations. ²The application of the primum remedium principle in Decision Number 46/Pid.Sus.TPK/2024/PN Mks has attempted to fulfill the three objectives of the law, namely the aspect of justice, the aspect of legal certainty, and the aspect of benefit. However, in the decision, the Panel of Judges prioritized legal certainty over justice and benefit. This can be seen from the decision to impose a 1-year prison sentence and a replacement fee of IDR 50,000,000, which shows the firmness in the application of the sentence. However, in terms of justice and benefit, there is still room for improvement, especially related to the impact of prevention and deterrent effects on future corruption crimes. The recommendation or suggestion given by the author is that the prosecutor's office in this decision needs to review the application of the SE Attorney General for Special Crimes Number B1113/F/Fd.1/05/2010 for corruption cases with small state losses, by considering the efficiency of case handling costs and the effectiveness of recovering state losses. For the Panel of Judges in handing down a verdict on corruption crimes, it is best to consider the balance between the three aspects of legal objectives (justice, legal certainty, and benefit) to achieve maximum deterrent effect.
Implementation of the Land Dispute Peace Agreement Mediated by the National Land Agency of Jayapura Regency Siolemba, Yosafat; Muslim, Muslim; Rumalean, Zonita Zirhani
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/4x2dqs72

Abstract

The National Land Agency (BPN) as a government agency has been given authority by laws and regulations in the field of land in resolving land disputes or conflicts. The Process of Resolving Land Disputes and Conflicts according to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 11 of 2016 BPN as a mediator in resolving land disputes Settlement of Land Disputes and Conflicts in this ministerial regulation is also carried out based on 2 things, namely the initiative of the ministry and public complaints Dispute resolution, in this case civil disputes can be carried out either conventionally through the courts (litigation) or through alternative dispute resolution mechanisms outside the courts (non-litigation). peace outside the courts is the basis for handling land dispute resolution by BPN through mediation.
Review Legal To Comments on Social Media Containing Element Harassment and Assault Psychics in Maros City Adriansyah, Andi Muhammad; Razak, Azkari; Ilham, M. Azham
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/32mwt724

Abstract

This research aims to find out and analyze the qualifications for commenting on social media which contain elements of harassment and psychological attacks in criminal acts, knowing and analyzing the judge's legal considerations in deciding case No.14/Pid.Sus/2023/Pn. Mrs. This research was conducted in Makassar City. The research location is the Library of the Faculty of Law, Indonesian Muslim University. This writing was carried out by conducting a literature study in which the author studied by prioritizing the theories that are currently being applied while at the same time obtaining documents or data related to the problem in the author's writing which was then processed and presented descriptively by the author. The results of this research show that in qualifying comments In social media that contains elements of harassment, it is classified as an attack on honor or good name. Based on the Decision of the Panel of Judges No.14/Pid.Sus/2023/Pn.Mrs, the defendant has been proven to have committed the crime of Defamation. After the author examines the decision, the author is of the view and/or opinion that the decision of the panel of judges is appropriate and in accordance with the law because in fact, the elements of the article in which the defendant is accused meet the elements that the author has described.
Forced Defense (Noodweer) in Sexual Violence Crimes Akzanti, Andi Nurwiratma; Pawennei, Mulyati; Cindrapole, Andi Cakra
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/yeytnd35

Abstract

This study aims to determine and analyze whether the application of criminal law from the perpetrator of forced defense in decision no. 1 / Pid.Sus-Anak / 2020 / PN Kpn.This study uses a Normative research method, namely discussing the legal materials that have been obtained by referring to the existing theoretical basis.The results of this study indicate the results of the judge's decision that the legal fact was not revealed that the defendant committed his actions under duress to defend himself or others as regulated in Article 49 of the Criminal Code and the defendant was charged with Article 351 Paragraph 3 of the Criminal Code.The recommendation of this study refers to the consideration of the judge as a law enforcer, to pay more attention to everyone who carries out a forced defense, in the event of a criminal act, the perpetrator of the forced defense can bravely explain the actual incident to the person concerned, namely the police as law enforcer for the actions committed.
Criminal Responsibility Of Influencers Who Promote Online Gambling On Social Media Amnan, Muhammad Irfan; Jannah, Miftahul; Wikra Wardhana, Moch Andry
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/q5jr9p83

Abstract

This research aims to find out and analyse the Criminal Responsibility of Influencers Who Promote Online Gambling on Social MediaThis research is carried out using the Normative research method, also called doctrinal law research, which is often conceptualised as what is written in laws and regulations or laws are conceptualized as rules or norms that are benchmarks for human behaviour that are considered appropriate.The results of this study show that (1) in terms of online gambling, this mode shows how flexible online gambling activities are carried out. The mode of promoting online gambling has certainly been regulated in Article 27 paragraph (2) jo. Article 45 paragraph (2) of the ITE Law explains that any person who intentionally and without the right to distribute, transmit, and/or make accessible electronic information and/or electronic documents that have the content of gambling as referred to in Section 27 paragraph (2) shall be sentenced to a maximum prison sentence of 10 (ten) years and/or a maximum fine of Rp 10,000,000,000.00 (ten billion rupiah). (2) Legal regulations regarding criminal liability for influencers who promote online gambling are expressly regulated in Law No. 11 of 2008 (UU ITE), Article 27 paragraph 2 of the ITE Law becomes the main legal basis that prohibits all forms of distribution, transmission, or provision of access to electronic information loaded with online gambling.
Desertion in Time of Peace Against Soldier Indonesian National Army Ash Shiddik Azhari, Muhammad; Thalib, Hambali; Rustan, Muhammad
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/54118w66

Abstract

This writing aims to: (1) To find out and analyze the qualifications of the crime of desertion in military criminal law. (2) To find out and analyze the judge's considerations in Decision No: 135-K / PM.III-16 / AD / X / 2022. The type of research used is normative legal research, a process to find a rule, legal principles, or legal doctrines. The results of the writing show that the Qualification of the Crime of Desertion in the Criminal Code is Article 87 paragraph (1) 2 of the Criminal Code, where the qualifications are First, Military; Second, Intentionally; Third, Carrying out absence without permission; fourth, In times of peace; and Fifth, Longer than thirty days. The judge's considerations in imposing a criminal sentence on the defendant include mitigating and aggravating considerations. There are three mitigating considerations from the judge: The defendant is frank and admits his mistakes. This is based on the judge's considerations which are of a legal nature, namely the defendant's statement. The defendant is still young and has never been convicted. This is based on the judge's considerations which are non-juridical, namely the Defendant's condition. The Defendant returned to the Unit by surrendering himself to Denpom Parepare. The Defendant's actions can affect the disciplinary development of other soldiers in the unit. Based on the judge's considerations which are juridical, namely witness statements. Writing recommendations: (1) For members of the Military to increase awareness and understanding of the importance of military discipline and responsibility and improve communication between superiors and subordinates. (2) For policy makers and decision makers to hold education and training programs to provide awareness and responsibility to members of the Military and to conduct periodic evaluations and monitoring of members of the Military.
Legal Analysis of Handling Action Criminal Corruption in Village Fund Management Ikram Alfareza, Muhammad; Qamar, Nurul; Mursyid , Mursyid
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/mspw4f65

Abstract

This study aims to determine the system of handling cases of corruption of village funds at the District Attorney of Gowa Regency and what factors influence the handling of corruption of village funds at the District Attorney of Gowa Regency. This research uses empirical research methods conducted at the District Attorney of Gowa Regency. Primary and secondary data were obtained using various data collection methods, including interviews, and literature reviews conducted as part of the field study. The author will write a research report by clearly presenting the research findings, which will be drawn from descriptive and qualitative analysis of the data collected. The results of this study indicate that the case handling system for corruption of village funds at the District Attorney of Gowa Regency is considered to be quite optimal in handling corruption cases in Gowa Regency, although sometimes there are still obstacles in the process of handling this case, but the court is able to overcome them and influencing factors in the handling of corruption of village funds at the District Attorney of Gowa Regency, namely the lack of ability of village officials in handling finances, regulatory factors related to regulations governing villages, and community factors such as lack of supervision in the management of village funds. It is hoped that through regular training for village officials on financial governance, applicable regulations, and the preparation of transparent and accountable accountability reports, it can improve the understanding of village officials in carrying out their duties and it is hoped that the strengthening of internal supervision by APIP and community involvement in external supervision can increase the effectiveness of supervision of village fund management. In addition, it is expected that the development of a reporting system that is easily accessible and provides protection to reporters, can strengthen transparency and prevent misuse of village funds. With a good reporting mechanism, it is expected to create a more accountable and open system for the community.
Analysis Legal Action Criminal Forgery Marriage Without Permission Wife First Nasruddin, Selviana; Bustamin, Dachran; Tenriliweng, Andi Darmawansya
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/kby8hd25

Abstract

This research aims to analyze the legal framework of Indonesian positive law regarding the criminal act of marriage falsification without the first wife's consent and evaluate the judicial considerations in Decision Number 374 K/Pid/2011. The research method used is normative juridical, utilizing statutory, comparative, and conceptual approaches. Data sources include primary legal materials such as legislation and court decisions, and secondary legal materials from literature and previous research. The findings indicate that marriage falsification without the first wife's consent violates Article 279 of the Indonesian Criminal Code (KUHP) and may also fall under Article 263 regarding document forgery. From an Islamic law perspective, polygamy is permitted but requires justice and the first wife's consent. Decision Number 374 K/Pid/2011 highlights judicial considerations regarding the criminal elements and the impact on victims. This study recommends harmonizing positive law and Islamic law to ensure better legal certainty and strengthening polygamy regulations to prevent similar violations in the future.
Justice Collaborator In Disclosure Action Criminal Corruption Amiruddin, Fahmi Fauzi; Mappaselleng , Nur Fadhilah; Alam, Syamsul
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/w7xqa318

Abstract

This study aims to determine and analyze the strength of the evidence of justice collaborators in disclosing corruption, and to determine the role of Justice Collaborators in disclosing Corruption. This study uses a normative research method using a library approach as the main source, such as library research. Descriptive data analysis techniques. The results of this study indicate the strength of evidence by Justice Collaborators as witnesses in corruption in disclosing corruption cases requires witnesses and evidence, effective case resolution indicates the seriousness of law enforcement officers in working together to uncover corruption. The important role of justice collaborators in uncovering corruption crimes is to provide crucial information and assist law enforcement officers in identifying perpetrators, as well as facilitating investigators and public prosecutors in finding facts in criminal cases in helping to uncover and ease the evidence process. The recommendation in this study is to provide awards or incentives for justice collaborators in providing significant information in uncovering corruption cases. Meanwhile, the regulation of justice collaborators is not clearly regulated in the regulations so that in making ideas regarding the regulation of protection for justice collaborators regarding prevention or disclosure of corruption crimes in the future, as well as related to how to impose sentences, clarity of requirements in the form of procedures and security for a justice collaborator.

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