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All Journal Arena Hukum Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Adabi, Muhammad Ikhwan
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Agriculture, Biological Sciences & Forestry Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Other

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IMPLEMENTASI QANUN ACEH NOMOR 9 TAHUN 2008 TENTANG PEMBINAAN KEHIDUPAN ADAT DAN ADAT ISTIADAT DI GAMPONG LAMIE KECAMATAN DARUL MAKMUR KABUPATEN NAGAN RAYA Darussman, Chandra; Adabi, Muhammad Ikhwan; Djusfi, Apri Rotin; Ath Thariq, Phoenna; Jalaluddin, Jalaluddin; Aulia, Eza; Mauliansyah, Fiandy
Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Vol 3, No 2 (2021): Juli-Desember
Publisher : Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/baktiku.v3i2.4454

Abstract

The enactment of Law Number 11 of 2006 concerning the Government of Aceh has provided a legal basis for Aceh Province to revitalize traditional life in Aceh Province. As an inseparable part of the Aceh Province, Gampong Lamie, Darul Makmur District, Nagan Raya Regency is certainly part of the legal area of the Aceh Qanun No. 9/2008. The implementation of community service activities is carried out by the method of delivering materials directly by displaying materials in the form of Aceh Qanun No. 9 of 2008. Customs settlement of cases in Aceh is recognized by several regional regulations and policies. Article 13 paragraphs (2) and (3) of Aceh Qanun Number 9 of 2008 state that the settlement of 18 types of disputes/disputes between customs and traditions as referred to above is resolved in stages and law enforcement officers provide an opportunity for disputes/disputes to be resolved first. traditionally in the gampong (village) or other names. In addition, it is also stated in the Joint Decree of the Governor of Aceh, the Head of the Aceh Regional Police, and the Chair of the Aceh Customary Council Number: 189/677/2011, 1054/MAA/XII/2011, B/121/I/2012 concerning the Implementation of Gampong and Mukim Customary Courts. Other Names in Aceh.
PENANGGUHAN PENAHANAN TERHADAP GISEL ANASTASIA DITINJAU DARI KITAB UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG TENTANG PORNOGRAFI Muhammad Ikhwan Adabi; Chandra Darusman; Jalaluddin Jalaluddin; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3538

Abstract

Suspension of detention is regulated in Article 31 of Law no. 8 of 1981 concerningCriminal Procedure Law, which states that at the request of a suspect or defendant,an investigator or public prosecutor or judge, in accordance with their respectiveauthority, can hold a suspension of detention with or without a guarantee of moneyor a guarantee of person, based on the conditions. which is determined. Theserequirements are regulated in Article 21 paragraph (1) of the Criminal ProcedureCode or referred to as subjective requirements and Article 21 paragraph (4) KUHAPor so-called objective requirements. The subjective view carried out by the PoldaMetro Jaya investigators in suspending detention of a case (GA) is not in accordanceor continuous with Article 21 paragraph (1) of the Criminal Procedure Codeaccording to the author's subjective view. Against (GA) is charged with Article 4paragraph (1) jo. Article 29 and / or Article 8 of Law no. 44 of 2008 concerningPornography. The criminal regulation that ensnares (GA) is in the form ofimprisonment for more than five years. If seen from the objective requirements, thisis not in accordance with Article 21 paragraph (4) of the Criminal Procedure Code.Article 21 paragraph (4) of the Criminal Procedure Code states that the conditions fordetention of a suspect or defendant cannot be withdrawn, the suspect's ordefendant's relationship with a prison sentence of more than five years
PERBUATAN MELAWAN HUKUM MATERIL TERHADAP TINDAKAN MENGAMBIL BRONDOLAN SAWIT (STUDI KASUS KABUPATEN NAGAN RAYA DESA LAMIE) Muhammad Ikhwan Adabi; Chandra Darussman S; Apri Rotin Djusfi; Phoenna Ath Thariq; Eza Aulia; Jalaluddin Jalaluddin
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 2 (2021): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i2.4416

Abstract

An act against the material law in criminal law is that a person commits an act against the law living in society (unwritten law). So if a person's actions are not against an unwritten law, then he cannot be punished. The author wants to investigate whether the theft of loose palm oil in Lamie Village is an act against the law or not. The author's initial hypothesis is that in several plantations in Lamie Village, after harvest workers have finished harvesting palm oil where they work, there is a habit of harvesting workers choosing loose palm kernels that have fallen to the ground and then sold. The research method in this writing is through an empirical juridical approach. This research was conducted by enforcing or applying normative law into legal relationships in society. The results of the study said that all garden owners in Lamie Village with a land area of 3 ha and above allowed harvesters to take loose palm oil. So the harvester's actions are not against the unwritten law. Then, some garden owners whose land area is 3 ha and below must have prior permission from the garden owner. If the permit is given then it does not violate the unwritten law, but on the contrary if the permission is not given then the perpetrator may be subject to Article 362 of the Criminal Code concerning theft.
Tinjauan Yuridis Sanksi Pidana Delik Perbuatan Cabul terhadap Anak dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual Muhammad Ikhwan Adabi; Apri Rotin Djusfi; Eza Aulia; Phoenna Ath Thariq; Chandra Darusman; Jefrie Maulana
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.6105

Abstract

This study focuses on sexual crimes in the form of obscene acts against children. According to R. Soesilo, obscene acts are all acts that violate decency or decency, or can also constitute a heinous act that is included in the environment of sexual lust. The problem lies in the criminal sanctions regulated between the two regulations. Criminal sanctions regulated in the PA Law and the PKS Law have differences in terms of the length of the sentence, the amount of the fine, and others. Then there will also be a test of the PA Law and the TPKS Law against the theory of the purpose of punishment. The research method used is a normative research method, namely research conducted with reference to the principles, legal concepts, legal norms contained in the legislation. The results of this research are that in terms of the comparison of the length of imprisonment or the number of fines, the PA Law is more effective than the TPKS Law. There are also articles regulated in the PA Law that are not regulated in the TPKS Law, such as Articles 76D and 76E. In the article, it is more specific how to commit obscene acts, namely by means of "threats of violence and violence." Both the PA Law and the TPKS Law adhere to a combined theory. In the PA Law and the TPKS Law, the main punishments regulated are imprisonment, fines and payment of restitution to victims. If it is related to the combined theory, then the PA Law and the TPKS Law have fulfilled the purpose of the combined theory. However, in the TPKS Law, in addition to stipulating the main punishment, it also regulates additional crimes, namely revocation of child custody or revocation of guardianship, announcement of the identity of the perpetrator and/or confiscation of profits and/or assets obtained from criminal acts of sexual violence. With the provision of additional penalties in the TPKS Law, it can be seen that the types of criminal sanctions in the TPKS Law provide more complete understanding of the combined theory. So that it can be concluded that the TPKS Law in terms of types of criminal sanctions is more comprehensive in its arrangement.
EKSEKUSI PUTUSAN PENGADILAN AGAMA YANG BELUM INKRACHT BERKENAAN DENGAN HAK ASUH ANAK Chandra Darusman S; M. Ikhwan Adabi; Apri Rotin Djusfi; Phoenna Ath Thariq; Eza Aulia; Rahmat Jhowanda; Liza Agnesta Krisna
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.9

Abstract

Law Number 23 of 2002 concerning Child Protection emphasizes that in the event of separation due to divorce and other situations without eliminating the child's relationship with his parents, the child still has the right to meet and have permanent personal contact with both parents. However, the situation that occurs in society and the existence of a legal vacuum shows that often children cannot meet their parents who have been appointed as custodians because the divorce case decision has not yet become legally binding. This normative juridical research uses statutory approach and the conceptual approach. The concept of child protection regulated in the Child Protection Act and other laws and regulations also includes the protection of children in situations of parental household conflict and protection in situations where the legal process against parental household conflicts is still ongoing and has no permanent legal force. The researcher recommends a change to the Law on Religious Courts. In this case, it is necessary to add legal norms that stipulate those children must be handed over to parents who are holders of custody since the court decision is pronounced, or the issuance of a Supreme Court Rule as the legal basis for implementing execution.
Co-Authors Adam Sani Apri Rotin Djusfi Aulia, Eza Chandra Darusman S Fiandy Mauliansyah Jalaluddin Jefrie Maulana Krisna, Liza Agnesta Phoenna Ath Thariq Rahmat Jhowanda