PENEGAKAN HUKUM PIDANA ISLAM (JINAYAH) DI PROVINSI NANGGROE ACEH DARUSSALAM

The research aims at examining the characteristics of Islamic criminal law enforcement, co-existence of Islamic justice system (sharia law) and criminal justice system, and the factors inhibiting law enforcement in the Nanggroe Aceh Darussalam (NAD) province. The method employed in this research is normative empirical using qualitative data analysis technique. The result of the research shows that certain types of crime that become the competence of the Islamic judicial is based on provincial regulations called Qanun; therefore, the criminalization that occurs do not reduce the jurisdiction of civil court. Moreover, the result of the research also shows that the various factors which theoretically are known as factors supporting law enforcement are not working properly.Key words: law enforcement, Islamic criminal law, Qanun, Islamic justice syste

Perlindungan Hukum Terhadap Korban Tindak Pidana Dalam Bentuk Pembayaran Ganti Rugi

A crime is an unlawful act that causes harm to everyone who experiences it. The number of incidents of crime that every day in the society is increasing, of course, to provide losses to victims both mentally, physically and materially. Regarding the victim's effort to obtain compensation can be done in 4 ways namely (1) Restitution, (2) the merger of the indemnification civil suit, (3) through ordinary civil suit / lawsuit and Default lawsuit (4) Alternative dispute Resolution. But in the implementation there are several obstacles in the process of compensation among other things The claim of compensation by another person who suffered direct losses or the victim to obtain the amount of the compensation is limited only to material losses

PERTANGGUNGJAWABAN BANK TERHADAP NASABAH KORBAN KEJAHATAN ITE DI BIDANG PERBANKAN

The recent rise in ITE crimes in the banking sector has given rise to new problems, both legally and economically. These crimes often involve resource users, infrastructure, and customer identities. As a result, in terms of implementing criminal law, especially banking and financial services companies must bear responsibility for their customers' losses. The importance of bank accountability towards its customers who are victims of ITE crimes from a criminal law perspective is the objective discussed in this research. This legal research refers to positive legal norms in accordance with the hierarchy of existing laws and regulations, legal principles, legal doctrine, as well as other literature relating to Bank responsibility for crimes in criminal law. The results of the analysis from this research show the importance of protecting bank customers by banks and that there have been efforts made by the Indonesian banking industry to empower and protect consumers with the banking criminal regulations in Law no. 10 of 1998 which is mentioned in detail therein

Tinjauan Yuridis Terhadap Penanganan Tindak Pidana Kekerasan Pada Perempuan: Kajian Pelaksanaan Gender Mainstreaming Di Kepolisian

The right of citizens in the field of law is to obtain justice when the legal file is either as a suspect, witnesses, or victim witnesses. The research problem is the regulation on the handling of violence crime in women based on gender mainstreaming and its implementation in the police. The purpose of the study is to review the legislation and its implementation from the perspective of gender mainstreaming. Approach method is normative juridical and qualitative descriptive type. Data collection method is literature study to secondary data source. Data analysis uses qualitative analysis method with logical thinking based on deductive logic induction analogy. Validation of data using triangulation technique, that is comparing one data source with other data source. The result of the research is gender mainstreaming program has been implemented in the police with the Unit PPA which specifically handles criminal acts of violence in women. Implementation of mainstreaming gender program in general has been run in accordance with legislation, but still found less sympathetic action of investigators against the examination related to criminal acts of violence in women

Execution Of Court Decisions In The Form Of Confirmation Of Narcotics Evidence For The State (Case Study Of Execution Of Decision No 39/Pid.Sus/2020/PN, BYL)

This research examines the perspective on the execution of court decisions on narcotics evidence confiscated for the state. The purpose of this study is to find out the implementation of the execution of seized narcotics evidence for the State in terms of criminal law and Narcotics Law. The research uses empirical and juridical approach methods. The execution of the court's decision on narcotics evidence is contained in ruling No. 39/Pid.Sus/2020/PN.BYL stated that the narcotics evidence seized is for the state. The destruction of evidence of narcotics is regulated in Law Number 35 of 2009 concerning Narcotics, and the Attorney General's decision number: KEP-089/J.A/1988 concerning Settlement of Confiscated Goods in Articles 12 to 14. The results of this study show how the mechanism for completing the process of confiscation of seized narcotics evidence for the state is viewed from the perspective of criminal law. This researcher wants to explain what is the mechanism for implementing criminal case decisions regarding seized narcotic evidence for the State. Judging from the importance of destroying narcotics confiscated goods, it is necessary to know the procedure for destroying narcotics confiscated goods so that they are more in line with the procedures described in the law. As stated that the purpose of administering criminal procedural law in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is to achieve and obtain or at least approach material truth (substantial truth) namely the complete truth of a criminal incident by applying the provisions of criminal procedure law honestly and appropriately

Kekuatan Keterangan Saksi Anak dalam Pembuktian Perkara Pidana

Children are the young generation of the nation’s ideals who have rights that must be guarded and protected by law. Make children as a witness in a criminal case must protect the rights of the child. Strength of adult witness testimony which has qualify will not be a problem, but it will be a problem if witness testimony are given by the child. The problem statement of this research is the strength of child witness testimony in proof of criminal case. That method that used in this research is empirical juridic. The child can be witness in proof of crimnal case without an oath. The child can be heard his statement as a witness in proof of criminal case depeding on how important the role of the child. In judging child witness testimony judge guided by applicable regulation and his confidence from the clues that arise of the conformity present on evidence. The child witness testimony in proof of criminal case may have strength of proof and can as an additional hint

Peranan Visum ET Repertum Pada Tahap Penyidikan dalam Mengungkap Tindak Pidana Penganiayaan(Studi Kasus di Kepolisian Resor Surakarta)

This study aims to determine the function of Visum Et Repertum at the stage of investigation in uncovering a criminal act of maltreatment, and the role of the investigator in dealing if the Visum Et Repertum does not fully include information on self-abuse sign of the victim of abuse and to know Visum Et Repertum linkage with evidence and expert information. The research method used a descriptive juridical empirical approach. This type of data consists of primary data ie interview and secondary data that is primary, secondary and tertiary law source. Sources of data come from field studies and literature studies. Methods of data collection through interviews and literature study, then the data were analyzed qualitatively. The results show that the function of Visum Et Repertum in the context of law enforcement and justice efforts concerning the body, health and human life against the alleged victim of the crime of torture, while the role of the investigator is to find and prove the existence of elements of violence and threat of violence in a criminal act. The linkage of Visum Et Repertum as evidence of letters and expert information, as intended by Article 184 paragraph 1 letter c jo article 187 letter c of the Criminal Procedure Code with expert information as intended Article 1 point 28 KUHAP jo Stb 1937-350 jo Article 184 paragraph 1 letter b KUHAP , where the Visum Et Repertum is made by a doctor who will later provide information called expert information