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Journal : Journal of Law, Poliitic and Humanities

Optimizing Social Work and Restorative Justice In Overcoming Overcrowded Correctional Institutions Sutras Budi Prayogo; Farhan Asyahadi; Muhamad Abas
Journal of Law, Politic and Humanities Vol. 4 No. 3 (2024): (JLPH) Journal of Law, Politic and Humanities (March - April 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i3.364

Abstract

The legal culture of society in Indonesia assumes that providing sanctions or punishment for perpetrators of crimes until they are sent to detention is the easiest method and provides satisfaction for the victim. Crime itself is a social control institution that is linked to and always reflects the values and structure of society, so that it is a symbolic reaffirmation of violations of the collective conscience. In the view of researchers, restorative justice and human rights are one unit because it is law that embodies human rights values. We must ensure that the orientation regarding corrections must of course be in line with the conceptual change in the goals of corrections from the concept of retribution towards the concept of rehabilitation.
Juridical Analysis of Divorce from Different Citizens Viewed from Indonesian Positive Law (Study Decision No 46/Pdt.G/2020/PN Tim) Muhammad Shidqi Mubarok; Sartika Dewi; Muhamad Abas
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.380

Abstract

Divorce is the dissolution of a marriage by a judge at the will of one of the two parties. The definition of divorce between different citizens can be interpreted as a separation between two individuals from different countries. This study aims to determine the authority of the Panel of Judges of the District Court of Timika City Papua in deciding divorce between different citizens, and to find out the considerations of the Panel of Judges of the Timika City District Court deciding in Number: 46/Pdt.G/2020/PN.Tim. The results of this study explain that the authority of the Panel of Judges of the Timkia City District Court to hear and decide cases of divorce of foreign nationals is seen based on the habitual residence or residence of the parties. The determination of the considerations of the Panel of Judges of the Timika City Court in deciding the case, refers to Law Number 1 of 1974 concerning Marriage, Article 207 of the Civil Code, the International Convention at The Hague in 1968, Article 831 of the Civil Procedure Law, and refers to judicial practices that have tried foreign divorces in Indonesia.
Juridical Analysis of the Position of Actors "Participating in Carrying Out" in the Distribution of Illegal Drugs Based on Law Number 36 of 2009 Regarding Health (Study Decision Number 210/Pid.Sus/2023/PN Kwg) Nadia Syahida; Deny Guntara; Muhamad Abas
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.399

Abstract

The purpose of this research is to determine the regulations regarding Medeplegen's participation in Indonesian criminal law and to analyze criminal penalties for perpetrators of participation in the distribution of pharmaceutical preparations of illegal drugs. illegal in District Court Decision Karawang Number 210/Pid.Sus/2023/PN Kwg. Indonesia is a legal country that prohibits the circulation of pharmaceutical preparations or drugs forbidden without permission especially drugs the enter into the Psychotropic and Narcotics categories. But in reality, there are many distributors of pharmaceutical preparations in the form of drugs classified as psychotropics and narcotics without permits or illegally. Most of them do it not alone but in collaboration. This is included in the act of participation (Delneming), and then the party participating is called Medeplegen, as is the case in Decision Number 210/Pid.Sus/2023/PN Kwg. Qualitative and normative legal approaches are used as research methods taken from literature or material obtained from library research, and research specifications use analytical descriptive. The results of the research are: (1) That the distribution of pharmaceutical preparations with inclusions violates Article 197 of Law Number 36 of 2009 concerning Health, "taking part" or "participation" (Medeplegen) is regulated in Article 55 of the Criminal Code, and in terms of the element " inclusion” namely in the form of conscious cooperation (bewuste samenwerking). (2) There is a difference between the application of the law and the reality of the verdict in Decision Number 210/Pid.Sus/2023/PN Kwg, where the amount of the fine is less than that stated in Article 197 of the Health Law, but the author sees and appreciates the considerations The Panel of Judges and pay attention to considerations regarding mitigating circumstances for the Defendant.
Legal Protection for Heirs Against the Transfer of Land Ownership Rights Through Underhand Sales and Purchase Agreements Without the knowledge of the heirs (Study Decision Number 41/PDT.G/2020/PN CELL) Mochamad Agus Antoni; Yuniar Rahmatiar; Muhamad Abas
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.416

Abstract

Referring to Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA), registration of land rights and the transfer of rights are regulated in Article 19 of the UUPA and its implementing regulations. A land certificate is official evidence that shows ownership status or rights to land. When the name of the land owner is on the land certificate or land deed registered by PPAT changes from seller to buyer, this is referred to as a transfer of property rights . However , it is still common for transfers of land rights to be carried out independently / privately without involving the authorities or without following established procedures . This can lead to legal uncertainty and potential problems regarding land ownership in the future. Normative juridical methods are used as the basis for research, descriptive analytical methods are the specifications in this research . Results: 1) Preventive legal protection and repressive legal protection are legal protection that can be provided in private land sale and purchase transactions . ­2) Based on Articles 1451 and 1452 of the Civil Code, the Panel of Judges decided in Decision Number 41/Pdt.G/2020/PN Sel , that the sale and purchase agreement for the disputed land object dated 5 June 2002 must be cancelled. Through this decision, the Panel of Judges provides legal protection through actual execution. The Defendants or parties who lose in the trial must return and hand over all the land that is the subject of the dispute to the Heirs (Plaintiffs). The land must be handed over in a vacant and free condition voluntarily.
Co-Authors Abd. Rasyid Syamsuri Abdul Kholik Ade Ahmad Fauzan Adyan Lubis Adyan Lubis Agusra Ahmad Sopian Sauri Andri Susanto Anwar Hidayat Anwar Hidayat Anwar Hidayat Arif Wicaksono Astri Safitri Nurdin Dahrul Manalu Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara Deny Guntara deny guntara Deny Guntara Deny Guntara Deny Guntara Destia Ayuning Thias Desyifa Nurhidayah Farhan Asyahadi Farhan Asyahadi Firman Aji Pamungkas Hendri Gunawan Imam Budi Santoso Imam Budi Santoso Imam Sofii Toha Ina Malia Putri Insan Supriyatin Irma Garwan Jannus Manurung Jihan Alfadia Khoirul Ummam Lia Amaliya Lia Amaliya Lia Amaliya Lilis Setiani Listiono listiono M. Gary Gagarin Akbar Mochamad Agus Antoni Moh. Shofi Anan Muhamad Jiia Fauzi Muhammad Gary Gagarin Akbar Muhammad Shidqi Mubarok Nadia Syahida Nanik Narya Suryadi Narya Suryadi Narya Nova Desi Ratnasari Nurdin Nurdin Nuryanah Tirostiah Meidah Raden Lita Nur Elita Rr. Winarti Pudji Lestari Rr. Winarti Pudji Lestari Sartika Dewi Sartika Dewi Sartika Dewi Siska Mariza Siti Dhiafajaazka Sopyan Sopyan Sopyan Sopyan Sri Wahyuni Sutras Budi Prayogo Suyono Sanjaya Tanti Alfareza Herdianti Tatang Targana Tatang Targana Taufik Caniago Taufiqoh Bina Ariani Tri Setiady Wahyu Hidayat Wahyu Koswara Wahyu Mulyandaru Wawan Indra R. Wike Nopianti Wike Nopianti Wike Nopianti Wulan Cahya Ningrum Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yuniar Rahmatiar Yustya Laraswati Yusuf Rizki Zarisnov Arafat Zarisnov Arafat Zatmika Nur Farhan