Sense Of Justice In Society Research Articles

Penyelesaian Kumulasi Perkara Isbat Nikah dan Cerai Talak dalam Putusan Nomor 0307/Pdt.G/2018/PA.Sby

In the practice of proceedings in the Religious Courts, judges generally immediately apply Article 7 Paragraphs (2) and (3) of the Compilation of Islamic Law (KHI) without testing the strength of its enforceability before the law. Thus, even though these provisions are difficult to understand, the majority of Religious Court judges, with their interpretation, understand the provisions in Paragraph (3) letter a, as if it is mandatory to accept the application for itsbat marriage if it is submitted in combination with the application for talak divorce, even though the marriage was carried out after its entry into force. Law no. 1 of 1974. The consideration of the marriage isbat law itself is still a matter of polemic. Bearing in mind that the position of KHI which is the basic reference for legal considerations by judges is not included in the statutory hierarchy. This happened in the divorce divorce case Decision Number 0307/Pdt.G/2018/PA.Sbg. Several issues can be raised that become a polemic regarding the marriage isbat law, namely how the essence of the marriage isbat law is related to the essence of the marriage isbat law in the marriage legal system in Indonesia. Then what is the legal position of marriage isbat in the Religious Courts which was implemented after Law Number 1 of 1974. The provisions for marriage isbat in Indonesia only came into existence after the birth of Law Number 1 of 1974 concerning Marriage. In addition, the law has given legitimacy to judges to further explore the values ??and sense of justice in society.

Perbuatan Berlanjut Sebagai Dasar Pemberatan Pidana Terhadap Tindak Pidana Persetubuhan Anak

The application of the law against perpetrators of child sexual relations deserves serious attention. Law enforcers in processing and making decisions must be absolutely sure that the decision taken will be a strong basis for providing legal protection to children as victims. The formulation of the problem in this research is how to carry out the criminal aggravation in the crime of sexual intercourse with a child which is carried out continuously, how the criminal elements are applied in the ongoing crime of child sexual intercourse in Decision Number: 413/Pid.Sus/2020/PN.Dum, and how analysis of the judge's considerations in deciding the crime of continued child sexual intercourse based on Decision Number: 413/Pid.Sus/2020/PN.Dum. The research method used in this research is normative juridical research, which is supported by primary data sources and secondary data, and qualitative analysis is carried out. Article 473 paragraph (4) of Law Number 1 of 2023 regulates criminal penalties for the crime of sexual intercourse with a child which is carried out continuously. Perpetrators who force children to have sexual intercourse with violence or threats of violence can be subject to imprisonment for a minimum of 3 years and a maximum of 15 years. The judge cannot impose sanctions under 5 years in prison in accordance with applicable legal provisions. All these considerations aim to create a sense of justice in society.

Faktor-Faktor Yang Mempengaruhi Independensi Hakim Di Pengadilan

The purpose of this writing is to contribute ideas to the public regarding the problems of the independence of judges as executors of judicial power, and is a legal instrument for judges in carrying out their function of adjudicating and deciding a case presented to them so that they are free from all interference and/or influence from other power environments, whether from the organ environment. executive power as well as from within the organs of legislative power. This article uses a normative research type, and providing the results of this research suggests that judges in deciding cases in Indonesia still exist to explore and find a sense of justice in society, even with a religious norms approach where it is known that Indonesian society is quite obedient to religious norms.

Arbitrator’s Authority to Decide Ex Aequo et Bono: A Juridical Review

Arbitration is a dynamic practice. One of the issues to consider is the implementation of <em>ex aequo et bono </em>by arbitrators, which many parties see as requiring prior approval from the parties so that arbitrators can make decisions based on <em>ex aequo et bono</em>. This study concludes that the arbitrator's authority to decide <em>ex aequo et bono </em>is not derived from the parties' agreement but rather from the arbitrator's inherent authority. First, because this principle is consistent with the spirit of arbitration, the Arbitrator has the authority to decide <em>ex aequo et bono</em>. Second, Law Number 48 Year 2009 concerning Judicial Authority imposes an obligation to investigate, adhere to, and comprehend legal values and the sense of justice in society. Third, no provision in Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution requires the parties to agree in advance on the grant of <em>ex aequo et bono</em>.

Analisis Putusan Hakim Terhadap Perkara Anak Sebagai Pelaku Tindak Pidana Kejahatan Seksual

Sexual crimes against children will generally have a negative impact on children's development, both psychologically and in other developments. The objectives of this study are: 1.) Knowing the judges' judgment in making decisions on sexual violence against children in criminal case Number 3 / Pid.Sus.Anak / 2018 / PN.Byl, 2.) Knowing whether the judge's decision at the Boyolali District Court in case Number 3 / Pid.Sus.Anak / 2018 / PN.Byl are in accordance with the provisions of Law Number 35 of 2014 concerning Child Protection. In compiling this study, the authors used a normative juridical legal approach. The conclusion that the authors get from this research is that the purpose of punishment is not to give sorrow to the perpetrator of a criminal act but is preventive, educative and corrective in nature, so the criminal charges imposed on the child as stated in the ruling are deemed less appropriate and fair and less appropriate. with the level of child error and contrary to the sense of justice in society. The defendant's actions were obscene acts against the victim's child, referring to article 82 paragraph (1) of Law Number 35 of 2014 concerning Child Protection. However, according to the author, the judge should have dropped Article 81 paragraph (1) and pointed out Article 82 paragraph (1) of Law Number 35 of 2014 concerning child protection because from the facts it is clear that the defendant's act was more an act of sexual intercourse which was previously committed as an obscene act. firstly, the elements of the article have been fulfilled for the defendant's act which was consciously committed and had bad faith / intention to commit the act to the victim's child long before the act was committed and of course it could incriminate the defendant.

PEMBATALAN PENGANGKATAN ANAK PADA PRAKTEKNYA DI PENGADILAN NEGERI BUKITTINGGI

Adoption is a necessity for every family that cannot have children, especially for married couples who do not have children so they make adopted children like biological children. Problems arise if the adoptive parents submitted a lawsuit for canceling the adoption. This paper is the result of legal research method using an empirical juridical problem approach. The legal considerations are that a court may not refuse to examine and decide on a case submitted to the court, even though there is no special arrangements or have not been regulated in existing legislation regarding the cancellation of child adoption, the judge who examines the case must be able to explore, follow, and understand legal values and a sense of justice in society. The reasons for canceling the adoption of this child in this case are the feeling of disappointed with the actions of the adopted child who do not pay attention to their adoptive parents; does not respect his adoptive parents, causing less harmonious communication; adopted children do not take care of their adoptive parents who are elderly or sick, even if their adoptive mother dies, so the adopted child is considered not fulfilling their obligations as a child.

IMPLEMENTASI MAQASHID SYARIAH PADA ZAKAT PRODUKTIF DI BAZNAS DKI JAKARTA DAN LAZ DOMPET DHUAFA

The aim of this research is to find out the embodiment of Maqashid Syariah in Productive Zakat at BAZNAS DKI Jakarta and LAZ Dompet Dhuafa. Maqashid Syari'ah perspective (objectives and purposes of sharia), obliging productive zakat is valid and appropriate. Because it is more in line with the objectives of the zakat law, which is basically taken from the rich and given to the poor, this is the basic reason why productive zakat is required because it is in accordance with maqaid syari'ah and also to create a sense of justice in society. The provision of productive zakat is carried out by providing guidance and assistance to mustahik so that their business activities can run smoothly besides that BAZNAS DKI Jakarta and LAZ Dompet Dhuafa must also provide spiritual and intellectual religious guidance so that the quality of faith and Islam of mustahik increases.

Efforts to Increase Regional Original Income Through Land Value Zone in Merauke District

Regional legal products are regulations established by the regional government and the Regional People's Representative Council (DPRD), for example regional regulations, regional head regulations and/or other regulations issued by the Regional Government. The Decree of the Merauke Regent regarding the Determination of Land Value Zones and Selling Value of Land Objects was a decision issued to increase the local revenue of Merauke Regency, but in reality there is still a legal vacuum so that the benefits and sense of justice in society have not been fulfilled. Therefore, the local government and DPRD can review and be encouraged to become a Regional Regulation and/or Regional Head Regulation. This study aims to: (know the legal structure in an effort to increase local revenue through land value zones in Merauke Regency.

Investigating The Jurisprudential Aspects Of ADR

A formal set of guidelines for human conduct is known as the law. Law can be used to govern society. The law has two parts: a descriptive aspect and a philosophical aspect. The philosophical side of the law is covered in jurisprudence. The practise of law is prevalent everywhere. All societies share some commonalities in their jurisprudence, Law (as an institution) is one of several social and political institutions created for conflict settlement. Private parties started looking for novel techniques to speed up the resolution of cases. ADR serves as an alternative to traditional court procedures for resolving disputes. There are two methods for resolving disputes. They are An alternative dispute resolution process and The conventional approach of litigation. Justice has been prioritized by many thinkers, including Plato, above all other moral principles. Overall, justice is a moral principle, but it can take many different forms. Examples include 1. Substantive Justice, 2. Formal Justice, and 3. Legal Justice. The Indian justice system is in a sad state despite being one of the oldest in the world. Indian courts are overburdened with protracted unresolved cases. ADR has developed to strengthen the sense of justice in society because these things are unachievable without it. The aforementioned school of thought has some drawbacks. The main one is that it defines law as a command, regardless of other social structures or institutions. One manifestation of society that was created to address social demands is the law and institutions relating to alternative dispute settlement processes. Artificial intelligence is progressing at an incredibly fast rate. The social, economic, cultural, and political spheres of existence will drastically shift as a result of these advancements. AI systems are starting to appear in ADR processes. Such systems have both advantages and problems. The law ought to be written to take future demands into account.

Konstruksi Hukum Dalam Rangka Penguatan LPD Sebagai Lembaga Keuangan Milik Desa Adat di Provinsi Bali

LPD as an institution that has the authority to collect public funds for the welfare of traditional villages has many problems today. The root of the problem can be seen from: 1). The void of norms that explains LPD as a legal entity within the framework of legal norms but has operated like other financial institutions; 2). The lack of clarity in the supervision of the LPD has resulted in many problems and even cases of corruption. This void of legal norms creates doubts from the perspective of criminal law with customary law because the LPD is predicted to be an institution belonging to the traditional village but the traditional village does not have adequate tools to solve the problems that exist within the LPD, privately or publicly. Meanwhile, from a criminal law perspective, the Prosecutors and Police consider that the misappropriation of funds by the LPD is a criminal act of corruption and both cannot provide a solution to the problems desired by the community. This paper was written with the aim of providing a new understanding in legal standing of the LPD using the legal construction reasoning method in order to strengthen the status of the LPD as an institution under the customary village using the main legal sources where the expected result is that armed with an understanding of the legal construction, it can be used as a reference for traditional practitioners and law enforcers will be able to formulate good problem solving and fulfill a sense of justice in society. The method used for this research is normative legal research with primary, secondary and tertiary legal materials where what is being researched is to answer the void of norms in the LPD’s position as legal subjects where with clear LPD legal standing there will be a legal discovery to make it easier for the government to formulate regulations.from the authority, supervision and law that is applied in the event of a legal problem.

A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices

The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.

The Urgency of Citizenship Education for Elementary Age Children

Citizenship education is a compulsory subject at all levels of education, both SD/MI, SMP, SMA, and tertiary level. Citizenship education has a very large influence in shaping the character and personality of each community so that it is in accordance with the norms and values of Pancasila. Therefore, citizenship education is very important to be taught from an early age. This study aims to find out about the nature and background of the importance of citizenship education in SD/MI. In this paper, writing uses the method of literature review. This literature review can be sourced from books, journals, or articles relevant to the subject matter. Based on this research, it shows that the nature and background of citizenship education aims to show a sense of justice in society, and people have a sense of love, homeland, and nationality so that they can establish the relationship mandated by Pancasila and the 1945 Constitution.

Pertanggungjawaban Pidana Anak di Bawah Umur dalam Kasus Pencurian (Perbandingan Hukum Islam dan Hukum Positif)

The issue of the responsibility of minors and their criminal sanctions is an interesting topic to discuss, considering that there is a lack of uniformity in both positive law and Islamic criminal law. The mindset of many law enforcement officials is currently centered on the understanding that all criminal cases must still be included in the realm of punishment (directly processed through litigation), even though these cases are crimes with relatively small losses or minor crimes. This is legal in the theory of positivism, provided that the act is clearly accommodated in the law (the principle of legality is met). However, not infrequently this process actually hurts the sense of justice in society. This article is a literature research with a descriptive analysis research method. Furthermore, the existing data is described and analyzed carefully in order to find the right conclusions. The results of this study are based on the positive law of the Child in view of Law no. 3 of 1997 concerning Juvenile Court is a person who has not been able to take responsibility for his actions, whether it is a criminal act or an act prohibited by the regulations in force in society. Children who are underage are considered as people who are unable to know the consequences of their actions because their thinking development has not yet reached the level of adults. So that children who can be punished are children whose age limit has been determined in the law. Meanwhile, according to Islamic law, if the perpetrator of the theft is a child or a madman, he cannot be sentenced to hadd cutting off his hands, based on hadith. Because cutting hands is a form of punishment, while punishment is carried out because of a crime. Meanwhile, the actions of a child who is a madman are not called a crime.

Judge Considerations Of The Corruption Decision Of Social Aid For Covid-19 Disaster Mitigation From The Perspective Of Anti-Corruption Principles

Purpose of the study (Tujuan): The purpose of this study is to analyze the judge's judgment on the corruption decision of the social aid for COVID-19 disaster mitigation from the perspective of anti-corruption principles. Methodology (Metodologi): This research method employed normative research, sourced from primary legal materials, secondary legal materials, and non-legal materials. Results (Temuan): anti-corruption principles which include accountability, transparency, fairness, policy, and policy control, are to prevent external factors causing corruption. Regarding the COVID-19 disaster mitigation, early prevention and disaster mitigation are required as a series of efforts to reduce disaster risk, through both physical development and awareness and capacity building to encounter the threat of disasters. One of which is through social aid to the community due to the impact of the COVID-19 pandemic. Based on the review of the judge's decision No.29/Pid-Sus/TPK/2021/PN Jkt. Pst, what incriminated the defendant who was sentenced to 12 years in prison is a crime of corruption undertaken when the country combated the disaster emergency of the COVID-19 pandemic and the fact that the defendant was a state official who is supposed to be a good role model. Meanwhile, the mitigating factor is that the defendant has suffered enough due to the insults he received from the community even though the defendant is not necessarily guilty. Thus, this has hurt the sense of justice in society. Learning from the corruption case of social aid during the pandemic, judges considered that a leader should not violate the principles of anti-corruption morality so that the integrity of the anti-corruption leadership does not match expectations. Applications of this study (Kegunaan): It is to give law enforcers insight on what types of judicial decisions may hurt society’s trust and sense of justice. It is to give a non-exemplary case of judicial decisions that failed to provide a deterrent effect to criminal actors. Novelty/ Originality of this study: It provides an analysis on the judge's judgment on the corruption decision of the social aid for COVID-19 disaster mitigation from the perspective of anti-corruption principles

INTEGRAL APPROACH TO CULTURAL REFORM: AN INDONESIAN CRIMINAL JUSTICE SYSTEM

Legal reform requires an approach to various aspects of the law itself. It works the same way in criminal law, the reform does consider not only a collection of written norms but also other aspects such as structure and culture. Furthermore, an integral reform must cover three elements of the legal subsystem because if reforms in other subsystems do not accompany it, the reform will only be a dream. Thus, the reform can create legal effectiveness in providing certainty, benefit, and justice. Based on the urgency and description, this research is considered important to be carried out. This study aims to highlight the renewal of criminal law in legal culture and the various obstacles and concepts offered. Based on this background, several problems will be obtained to be discussed. This legal research uses doctrinal research methods with a conceptual and statutory approach. Various scientific approaches are needed in cultural renewal, including religious scientific, contextual, and comparative juridical approaches. With these three approaches, the cultural renewal will provide new aspects of criminal law and its usefulness, representing a sense of justice in society.

Implementasi Restorative Justice dalam Penyelesaian Perkara Tindak Pidana melalui Penerapan Qanun di Aceh

Restorative justice is a development of the purpose of prosecution in general that focuses on criminal acts that occur. As the purpose of the prosecution in general, that focus on retaliation for actions carried out with the aim of providing a deterrent effect for the perpetrator. Meanwhile, the purpose of prosecution based on restorative justice is to emphasize the fulfillment of the rights of each party involved with criminal acts that occur, especially realizing a sense of justice in society. In this case, the existence of restorative justice is as a concept of recovery of the parties involved to return to the original condition or resemble the original situation before the occurrence of criminal acts in society. The concept of restorative justice directly involves the perpetrator, victim, and community in accommodating the needs of the relevant parties. The policy of the State Police of the Republic of Indonesia, in general, has fulfilled the concept of restorative justice as a whole, which focuses on restoring the rights of the relevant parties in realizing a harmonious community life as usual. Similarly, with the customary judiciary found in Aceh with the existence of Qanun Aceh has also accommodated the overall concept of restorative justice to the settlement of criminal cases in the community.

Legal Position of Criminal Confiscation Against General confiscation in Bankruptcy for the Realization of Legal Certainty

Law enforcement is an effort to revitalize legal norms. Where the law aims to create justice. In relation to general confiscation and criminal confiscation in bankruptcy, the law should give priority to the sense of justice in society, so that the law can be felt its usefulness which has an impact on compliance with the law. This study uses a statute approach, conceptual approach, and analytical approach. The results of the study indicate that there is no legal certainty in the case of general confiscation executions because of the length of time for a decision that has permanent legal force in criminal cases. Based on this, the author is of the view that the importance of harmonization of judicial institutions and the importance of reformulation and legal reconstruction in the case of confiscation in bankruptcy for the realization of legal certainty.

KONSEP DIYAT SEBAGAI SOLUSI KESEJAHTERAAN KELUARGA KORBAN PEMBUNUHAN DAYA PAKSA (OVERMACHT) PERSPEKTIF MAQASHID SYARIAH

In discussing criminal liability, we will talk about the perpetrator of a criminal act, namely someone who has committed an act that is expressly prohibited and threatened with criminality by law, ideally that person should be convicted or punished. Likewise, the perpetrators of murder are threatened with imprisonment in accordance with the provisions of the Criminal Code. However, the perpetrators of criminal acts are not always punished because the Criminal Code provides several reasons that can erase a person's guilt so that they are free from all punishments. One of them is coercive power which is regulated in Article 48 of the Criminal Code. However, the problem is that there is no formulation of coercion in the Criminal Code so that judges in deciding cases of murder due to coercion are only based on the judge's considerations and beliefs. Islamic law in comparing the existing arrangements in the Criminal Code is because Islam prioritizes protection and compensation charged to the perpetrator against the family of the murder victim, both intentional and unintentional murder. Meanwhile, the existing criminal policies in the Criminal Code have not met the principles of legal certainty and a sense of justice in society. The concept of Diyat is a welfare solution for the families of victims of murder by force, because this sanction provides benefits that can have an impact on the future. This is what is called maqshid sharia, where the law was created aiming to maintain 5 things, namely religion, reason, soul, lineage, and treasure. And the concept of diyat at least maintains 2 things, namely descent and treasure.

KONSEP DIYAT SEBAGAI SOLUSI KESEJAHTERAAN KELUARGA KORBAN PEMBUNUHAN DAYA PAKSA (OVERMACHT)

In discussing criminal liability, we will talk about the perpetrator of a criminal act, namely someone who has committed an act that is expressly prohibited and threatened with criminality by law, ideally that person should be convicted or punished. Likewise, the perpetrators of murder are threatened with imprisonment in accordance with the provisions of the Criminal Code. However, the perpetrators of criminal acts are not always punished because the Criminal Code provides several reasons that can erase a person's guilt so that they are free from all punishments. One of them is coercive power which is regulated in Article 48 of the Criminal Code. However, the problem is that there is no formulation of coercion in the Criminal Code so that judges in deciding cases of murder due to coercion are only based on the judge's considerations and beliefs. Islamic law in comparing the existing arrangements in the Criminal Code is because Islam prioritizes protection and compensation charged to the perpetrator against the family of the murder victim, both intentional and unintentional murder. Meanwhile, the existing criminal policies in the Criminal Code have not met the principles of legal certainty and a sense of justice in society. The concept of Diyat is a welfare solution for the families of victims of murder by force, because this sanction provides benefits that can have an impact on the future. This is what is called maqshid sharia, where the law was created aiming to maintain 5 things, namely religion, reason, soul, lineage, and treasure. And the concept of diyat at least maintains 2 things, namely descent and treasure.

MENGUKUR IMUNITAS PEJABAT PELAKSANA PERPPU COVID-19 DENGAN ASAS EQUALITY BEFORE THE LAW

The immunity of officials implementing Perppu 1/2020 is in the public spotlight because it is not following “the principles of the rule of law and” injures the sense of justice in society because there are exceptions to legal “action. The principle of equality before the law” becomes a fundamental basis in viewing the position and position of every citizen. Therefore, it is necessary to measure the extent of impunity in the enforcement process for alleged violations of the law and its implications for the principle of Equality Before The Law. Based on the focus of the study, “the method used in this research is normative legal research and the statutory approach” is the basis for this writing. The paper concludes that Perppu 1/2020 does not necessarily provide absolute immunity to the implementing officials of the Perppu, but is limited (conditional) and the legal process is still carried out so as not to “violate the principles of the rule of law.
 Keywords : Immunity, Official, Perppu