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PIDANA MATI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM Efendi, Roni
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

Debatable of the death penalty actually based on the issue of justice, humanity and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be able to prevent crime and reduce crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glimpse of the issue that colored the discourse on the pros and cons of the existence of capital punishment. Between the retensionist and the abilitionist against true the death penalty has an argument each based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still apply the death penalty in punishment system beside Saudi Arabia with qhisash which applid in Islamic Law system. Both countries have a legal standing built on the meta norms, their theories and philosophies each of course has its own urgency to be discussed in the midst of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relation to the application of thedeath penaltyin both countries that embraces the different legal system, from this comparative study will contribute thoughts in the reform of criminal law in Indonesia.

KEWENANGAN KOMISI PEMBERANTAS KORUPSI DALAM MELAKUKAN PENUNTUTAN MONEY LAUNDERING Efendi, Roni
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The tackling of money laundering through the criminal Justice System has not been debatable as long as it is handled by sub-systems in the criminal justice system such as the police and prosecutors since they have been bestowed a clear mandate in law. That raised a question, what about Corruption Eradication Commission or KPK? In Article 6 letter C Act no.30 of 2002 on the Corruption Eradication Commission (Law of KPK) explicitly and clearly revealed that the KPK has a duty to conduct the initial investigation, investigation and prosecution of corruption. That article also did not provide the further explanation. For that reason, the authority of KPK in conducting initial investigation, investigation and prosecution is only regarding the criminal act of corruption.In several corruption cases settling, KPK also often tried to apprehend the perpetrators through the law of prevention and Eradication of Money Laundering Crime. Many People criticized KPK but some gave the appreciation on KPK’s efforts in asset recovery. That was also addressed to KPK on its’ authority in investigating and prosecuting TPPU. In the case of No. 39/Pid.Sus/ TPK/2013/PN.Jkt.Pst with the accused Ahmad Fathanah, Joko Subagion and I made Hendra as 2 (two) members of the judges’ panel stated dissenting opinion. It declared that KPK has the authority to investigate TPU but it is only concerning with the wealth which is suspected from a criminal act of corruption. Actually, the authority to persecute TPPU is on the general attorney. Meanwhile, persecutors of KPK does not have the right to file the indicment and demand of the TPPU. Therefore, the indictment related to money laundering should be declared unacceptable. It brings the writer’s unrest on the criminal law enforcement’s practice. It is especially in the eradication of money laundering since it is supposed that law enforcement does no provide justice for justicia belene, certainty and expediency in asset recovery.

Kriminalisasi Nikah Sirri Menurut Rancangan Undang-Undang Hukum Materiil Peradilan Agama Bidang Perkawinan Efendi, Roni
Pagaruyuang Law Journal VOLUME 2 NOMOR 2, JANUARY 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar

Criminal policies in criminal law can be applied with dual track system approach, the first Penalism approach as part of an ultymum remedium that is reduced from the punishment theory. Then, non-criminal approach prioritize the primum remedium path that puts more emphasis on sanctions. Ultimatum remedium applicable only to tackle crime, it can be implemented with no alternative, but the government seeks a draft Law on Material Law Courts for Marriage which criminalizes behavior previously not lawful even according to religious norms, the act is the not recorded. This rule becomes one of the meanings used to create works that are different from law enforcement, certainty and law enforcement purposes.

Konstitusionalitas Masa Tunggu Eksekusi bagi Terpidana Mati dalam Sistem Pemidanaan Efendi, Roni
Jurnal Konstitusi Vol 16, No 2 (2019)
Publisher : Mahkamah Konstitusi Republik Indonesia

Pasal 10 Kitab Undang-Undang Hukum Pidana menempatkan pidana mati sebagai salah satu pidana pokok. Pidana mati secara filosofis berorientasi pembalasan dan general prevention. Namun penerapannya memperlihatkan inkonsistensi dalam sistem pemidanaan, diktum putusan pengadilan memvonis pidana mati, melainkan eksekusinya adalah pidana penjara seumur hidup. Praktik penerapan hukum demikian menimbulkan ketidakadilan dan ketidakpastian hukum. Urgensi penelitian ini adalah untuk mengkaji bagaimana konstitusionalitas kedudukan hukum masa tunggu eksekusi bagi terpidana mati dalam perspektif sistem pemidanaan? Untuk menjawab pernyataan penelitian, Peneliti menggunakan jenis penelitian yuridis normatif dengan pendekatan doctrinal legal research, maka hukum harus dipandang secara komprehensif seperti asas, norma dan meta norma. Konstitusionalitas masa tunggu eksekusi bagi terpidana mati tidak diatur dalam undang-undang, secara yuridis terdapat beberapa faktor untuk menunda eksekusi, di luar faktor-faktor tersebut penundaan eksekusi merupakan inskonstitusional. Ketidakpastian hukum terhadap masa tunggu eksekusi merupakan disharmonisasi antara hukum materil dan hukum formil dan berdampak tidak tercapainya deterrent effect, keadilan serta kemanfaatan hukum. Sehingga perlu pembaruan hukum pidana dengan salah satu metode evolutionary approach, global approach dan compromise approach sebagai pedoman eksekusi pidana mati.The article 10 of Criminal Code put death penalties as one of the principal crimes. Philosophically, the death penalty is meant to be retaliatory and general prevention. However, its application shows inconsistencies in the criminal system. Decision of the court is a death penalty, but the execution is a life imprisonment. The practice of implementing such laws creates injustice and legal uncertainty. The urgency of this research was to examine how constitutionality of execution waiting period for the death penalty in the punisment system perspective. To answer the research question, researcher used a type of normative juridical research with a doctrinal legal research approach, so, the law must be viewed comprehensively as principles, norms and meta norms. The constitutionality of the waiting period for the execution of convicted death is not regulated by law. Juridically, there were several factors delaying execution. Apart from these factors, the delaying in execution is unconstitutional. Legal uncertainty over the waiting period for execution is a disharmony between material law and formal law. That has an impact on not achieving deterrent effects, justice and the benefits of the law. Therefore, it is necessary to reform criminal law with one method of evolutionary approach, global approach and compromise approach as a guideline for execution of death penalty.

Konstitusionalitas Masa Tunggu Eksekusi bagi Terpidana Mati dalam Sistem Pemidanaan Roni Efendi
Jurnal Konstitusi Vol 16, No 2 (2019)
Publisher : The Constitutional Court of the Republic of Indonesia

Pasal 10 Kitab Undang-Undang Hukum Pidana menempatkan pidana mati sebagai salah satu pidana pokok. Pidana mati secara filosofis berorientasi pembalasan dan general prevention. Namun penerapannya memperlihatkan inkonsistensi dalam sistem pemidanaan, diktum putusan pengadilan memvonis pidana mati, melainkan eksekusinya adalah pidana penjara seumur hidup. Praktik penerapan hukum demikian menimbulkan ketidakadilan dan ketidakpastian hukum. Urgensi penelitian ini adalah untuk mengkaji bagaimana konstitusionalitas kedudukan hukum masa tunggu eksekusi bagi terpidana mati dalam perspektif sistem pemidanaan? Untuk menjawab pernyataan penelitian, Peneliti menggunakan jenis penelitian yuridis normatif dengan pendekatan doctrinal legal research, maka hukum harus dipandang secara komprehensif seperti asas, norma dan meta norma. Konstitusionalitas masa tunggu eksekusi bagi terpidana mati tidak diatur dalam undang-undang, secara yuridis terdapat beberapa faktor untuk menunda eksekusi, di luar faktor-faktor tersebut penundaan eksekusi merupakan inskonstitusional. Ketidakpastian hukum terhadap masa tunggu eksekusi merupakan disharmonisasi antara hukum materil dan hukum formil dan berdampak tidak tercapainya deterrent effect, keadilan serta kemanfaatan hukum. Sehingga perlu pembaruan hukum pidana dengan salah satu metode evolutionary approach, global approach dan compromise approach sebagai pedoman eksekusi pidana mati.The article 10 of Criminal Code put death penalties as one of the principal crimes. Philosophically, the death penalty is meant to be retaliatory and general prevention. However, its application shows inconsistencies in the criminal system. Decision of the court is a death penalty, but the execution is a life imprisonment. The practice of implementing such laws creates injustice and legal uncertainty. The urgency of this research was to examine how constitutionality of execution waiting period for the death penalty in the punisment system perspective. To answer the research question, researcher used a type of normative juridical research with a doctrinal legal research approach, so, the law must be viewed comprehensively as principles, norms and meta norms. The constitutionality of the waiting period for the execution of convicted death is not regulated by law. Juridically, there were several factors delaying execution. Apart from these factors, the delaying in execution is unconstitutional. Legal uncertainty over the waiting period for execution is a disharmony between material law and formal law. That has an impact on not achieving deterrent effects, justice and the benefits of the law. Therefore, it is necessary to reform criminal law with one method of evolutionary approach, global approach and compromise approach as a guideline for execution of death penalty.

OMBUDSMAN OF THE REPUBLIC OF INDONESIA SUPERVISION OF NOTARY SUPERVISORY COUNCIL Meilisa Fitri Harahap; Roni Efendi
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 1 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i1.5502

Notary Supervisory Council (MPN), which is suspected of having maladministration in the form of lengthy delays in the rapporteur's certainty about his report to the notary, so that the rapporteur reports to the Ombudsman. The Ombudsman, as a government agency for civil servants, has the power to monitor service providers, including those provided by the Notary Board (MPN). The urgency of this research is to review the legality of the Ombudsman in overseeing the MPI. This research is normative and empirical legal research that uses qualitative analysis. This research shows that the MPN is authorized to supervise and supervise notaries in the provision of public services in the form of administrative services and services, so that the MPN is under the Ombudsman's supervision. The Ombudsman's completion of reports of alleged maladministration by the MPN relies on public reports and then follows them up according to the Ombudsman's authority. The Ombudsman examined and followed up the report so that the MPP immediately forwarded the decision to the notary with a written warning. Key words: Supervision, Ombudsman, the Brethren of the notary

Perkawinan Beda Agama dalam Paradigma Sosiological Jurisprudence Roni Efendi
Alhurriyah Vol 5, No 1 (2020): Januari - Juni 2020
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The promulgation of the Marriage Law is as a tool of social engineering or an instrument to regulate the community and as a guideline for the community to carry out a marriage. So those friendships that are carried out are not based on or violate religious law contained in the Marriage Law deemed invalid, one of which is interfaith marriages. The diversity of Indonesian society has been regulated by several provisions and diverse institutions, moreover related to the requirements of marriage. The occurrence of social facts in the form of violation of the regulations of marriage in the way of interfaith marriages according to the Sociological jurisprudence school is the result of proper gradation, morals which have been the basis for the formation of law. If ethics or morals become evil, it will result in bad behavior, both the behavior of individuals, groups and state officials.

Kedudukan Keanggotaan Dewan Perwakilan Daerah Dalam Sistem Ketatanegaraan Hebby Rahmatul Utamy; Roni Efendi
Pagaruyuang Law Journal VOLUME 3 NOMOR 1, JULI 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v3i1.1546

The Regional Representative Council (DPD) as a new institution formed based on the amendments to the 1945 Constitution places the DPD as a state institution that accommodates and fights for the rights of the region and regional representatives in the context of the government system in Indonesia. DPD membership is chosen based on the General Election with one of the provisions that DPD members must be independent as stipulated in Article 182 letter l of Law Number 7 of 2017 concerning ELECTION that there are other work phrases interpreted as constitutionally paid as work that also doubles as an administrator or functionary of a political party, because it can lead to a conflict of interest with the duties, authority, and rights as DPD members in accordance with statutory provisions. This is intended so that the DPD can work without any intervention from any party. However, the legal facts that occur in the current state administration system are found in many DPD members who also double as administrators of political parties. In juridical normative this is clearly constitutional, if viewed from a different perspective with reference to the Supreme Court decision, concurrent positions are not contrary to the constitution because this relates to the constitutional rights of citizens to work in any sector.

Kriminalisasi Nikah Sirri Menurut Rancangan Undang-Undang Hukum Materiil Peradilan Agama Bidang Perkawinan Roni Efendi
Pagaruyuang Law Journal VOLUME 2 NOMOR 2, JANUARI 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1358

Criminal policies in criminal law can be applied with dual track system approach, the first Penalism approach as part of an ultymum remedium that is reduced from the punishment theory. Then, non-criminal approach prioritize the primum remedium path that puts more emphasis on sanctions. Ultimatum remedium applicable only to tackle crime, it can be implemented with no alternative, but the government seeks a draft Law on Material Law Courts for Marriage which criminalizes behavior previously not lawful even according to religious norms, the act is the not recorded. This rule becomes one of the meanings used to create works that are different from law enforcement, certainty and law enforcement purposes.

THE DISTINCTION LAW OF PROCEDURE OF CORRUPTION CASE AND THE GENERAL COURT IN INDONESIAN CRIMINAL JUSTICE SYSTEM Sukmareni Sukmareni; Roni Efendi; Riki Zulfiko
JCH (Jurnal Cendekia Hukum) Vol 6, No 2 (2021): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v6i2.337

The Corruption Crime Court which based on Article 5 of the corruption Court Law has the authority to examine, adjudicate and decide on the corruption crime cases, money laundering crimes that was initiated by corruption crime and criminal acts that are expressly stipulated in other laws that considered as corruption act. The existence of sovereignty possessed by the State gives rise to jurisdiction (the authority to judge) in regulating the needs of the state both internally and externally. As a sovereign country, Indonesia has jurisdiction in resolving internal and external problems. There are three questions of the research; 1) What is the procedural law of the General Court in the Indonesian criminal justice system? 2) What is the procedural law of the Corruption Crime Court in the Indonesian criminal justice system?, 3) What is the difference between the procedural law of the Corruption Crime Court compared to the law of the General Court in the Indonesian criminal justice system ?.This research is hoped that the procedural laws used in the General Courts and the Corruption Crime Courts will be known, as well as the differences in the procedural laws used in the two Courts. This research is descriptive, using a normative juridical approach, especially the legal approach, used are secondary data as the main legal material in the form of laws relating to the procedural law of general courts and Corruption Crime courts. and qualitative analisis. Based on the research, it was found that differences in the procedural law of Corruption Crime courts compared to general court procedural law in the Indonesian criminal justice system were seen in the independence of the Corruption Crime court institutions and the material that became the authority and the judicial process with the composition and members of the Panel of Judges consisting of career judges and ad hoc judges. division of duties for the presiding judge and its members, the period of time for the examination of the Corruption Crime and the evidence used, as well as their secret registrations which are also special in nature.

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