Perbandingan Pidana Mati dalam Perspektif Hukum Islam dan Hukum Pidana Indonesia

We are all aware that death awaits us, the problem here is when and how we are picked up by death itself. For most humans, death is a very scary event, but there are also those who are picked up by death in a state of calm and peace. What about those whose deaths are decided by fellow human beings, this has always been a difference between society in general and scholars in particular. From year to year and even now, discussions about the pros and cons of imposing the death penalty continue to be an endless discussion. On the one hand, the death penalty is considered to be effective in deterring perpetrators, but on the other hand, the implementation of the death penalty is like usurping the author's authority. Indeed there is no statistical evidence that crime will decrease if the death penalty is applied in a country. On the other hand, if it is not applied, it has not been proven that in a country crime is increasing

Studium Causa Putusan Hakim mengenai Perkara Perceraian Akibat Kekerasan dalam Rumah Tangga

Domestic violence is common in Indonesian society, but victims of domestic violence in the case of a wife who is a victim even though it cannot be denied that the husband can be the victim, very rarely the case is criminally reported, the victims are more choose to end the problem with divorce. This research was conducted aiming to find out the application of Law No. 23 of 2004 concerning PKDRT is still weak in efforts to protect the rights of women and to know the basics of judges' considerations in deciding divorce cases due to domestic violence. A person's reason for filing for divorce must be legal, as permitted under Law No. 1 of 1974, Governing Law No. 9 of 1975 and Compilation of Islamic Law

Kedudukuan Hukum Islam Dalam Sistem Hukum Nasional

In discussing Islamic Law amid National Law, the focus will be on the position of Islamic Law in the National Law system. This study aims to determine the position of Islamic law in the national legal system. The research method used in this study uses a normative type of research, namely by examining laws and regulations, theories, and concepts related to the problems studied. This research is supported by the approach used in this research, namely the legislative approach, and comparative approach. The results of the study indicate that the contribution of Islamic law is very large in the development and development of National Law, namely that every product of the law made by the Legislative Body is always inspired by Islamic Law. Constraints The main obstacles and problems of Islamic Law in Indonesia are related to the process of integration into National Law

Implementasi Penegakan Hukum Tindak Pidana Pembalakan Liar

   The role of the law dramatically determines the sustainability of the management and utilization of natural resources, including taking action against illegal logging, which hurts the sustainability of the ecology and forest resources. This study aimed to determine the factors that cause illegal logging and the application of judge law in cases of illegal logging crimes in Polewali Mandar Regency. The researcher uses normative and empirical research types in this research process, which are analyzed by combining rational theory with sensory observation. The research was conducted in Polewali Mandar Regency with locations in the Polewali District Court and the Office of the Environment and Forestry Service. This study showed that the factors that cause illegal logging are economic, educational, lack of supervision and lack of employment. Where is the judge's consideration in deciding the criminal case of illegal logging in Polewali Mandar, based on juridical considerations that the defendant was proven to have committed a criminal act of illegal logging and has been supported by several valid pieces of evidence? Namely, the testimony of the witness and the statement of the defendant as stated in the indictment of the public prosecutor, namely Article 83 Paragraph (1) letter b Jo Article 12 letter e, and the defendant is aware of the consequences, in this case, the judge does not find a justification and forgiving reason that can be the reason for the abolition of the sentence. On the actions of the accused. The thing that makes it easier for the defendant to be polite in court is, to be honest in his actions and promise not to repeat them. Therefore, to control illegal logging, prevention efforts are needed through the apparatus's socialization of the impact and sanctions and supervision.&nbsp

Membongkar Kedalaman Kriminalitas: Analisis Ilmiah Pembunuhan Terhadap Orang Tua Tiri

This normative legal research employs a statutory approach and utilizes a case study from a court in Parepare City. Primary, secondary, and tertiary legal materials serve as sources. The qualitative prescriptive analysis focuses on the crime of murder under Article 340 of the Criminal Code, as evidenced in Decision Number: 52/Pid.B/2022/Pn Pre. The public prosecutor presented three indictments, with the first proven against the defendant, Sahrul Alias Callu Bin Sirajuddin. The panel of judges, in Verdict Number: 52/Pid.B/2022/Pn Pre, declared the defendant guilty of premeditated murder, sentencing him to 7 years in prison. The verdict considered various factors, including prosecutor demands, trial facts, and elements fulfillment, alongside aggravating and mitigating circumstances

Kajian Yuridis Tindak Pidana Penipuan Pemberangkatan Haji dan Umrah

This study aims to determine the factors that cause the occurrence of criminal acts of fraud with the mode of departure for Hajj and Umrah in the city of Parepare. And to find out the legal considerations by the judges in deciding cases of criminal acts of fraud against Hajj and Umrah departures in the city of Parepare based on the MA Decision Study Number 1163 K/Pid/2021 whether or not they are in accordance with alternative charges. The type of research used in this study is normative and empirical legal research. Supported by a research approach, namely the sociological juridical approach and the case approach. The results showed that the factors that caused the crime of fraud with the Haj and Umrah departure mode in the city of Parepare were the character of people who easily believed, lack of understanding regarding the official nature of travel, the desire of people who wanted to quickly go on pilgrimage and umrah, not being careful. the public is careful or less alert, the way travel agents attract public interest and trust, and a lack of counseling regarding the departure of the Hajj and Umrah pilgrimages. Second, legal considerations by judges pay attention to several aspects apart from the legal facts that have occurred, also related to alternative charges. Even though there were two alternative charges, namely Article 378 concerning Fraud and Article 372 of Embezzlement, in the end the judge determined that the defendant H. Abdul Kadir was proven to have committed a criminal act of fraud. This is in accordance with the first alternative indictment by the public prosecutor due to the fulfillment of the element of fraud as referred to in Article 378