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All Journal Jurnal Hukum dan Keadilan Mediasi SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Riza Chatias Pratama
Lecturer at Law Faculty, University of Muhammadiyah Aceh
Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Sanksi Disiplin Terhadap Anggota Polri Yang Melakukan Perkawinan Siri Riza Chatias Pratama; Dinard Fhathird
Jurnal Hukum dan Keadilan "MEDIASI" Vol 5, No 2 (2018)
Publisher : Fakultas Hukum Universitas Muhammadiyah Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37598/jm.v8i2.893

Abstract

Siri marriage is a marriage between a man and woman, without permission and without the prior wife's knowledge. In Indonesia, marriage itself is a crime because it has been regulated in the law. Indonesian Criminal Code provides sentence to perpetrators of marital threats threatening a maximum of 5 years in prison. In practice, Siri marriages still occur, and are also carried out by members of the National Police. This study uses empirical normative research methods that use data in the form of primary legal materials and secondary legal materials. Data collection is done by field research (field research and library research), then the data is analyzed quantitatively. The results showed that the factors causing the occurrence of marital marriages were psychological factors, disharmony in the household, lack of legal awareness of regulations and the existence of conflicting legal procedures or discipline / discipline. The application of disciplinary sanctions is carried out after the District Court's verdict, then the Polri Professional Code of Ethics session is held. Obstacles in its remedies are due to interventions of the police independence in handling cases or human resource development and lack of complaints of negative behavior.
The Application of Restorative Justice for Children as Criminal Offenders in the Perspective of National Law and Qanun Jināyat Rizanizarli Rizanizarli; Mahfud Mahfud; Riza Chatias Pratama; Fikri Fikri
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 1 (2023)
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i1.15633

Abstract

This study aims to examine the application of restorative justice to children as criminal offenders based on the 2012 SPPA Law and the 2014 Qanun Jināyat. This study is an empirical legal study using a statutory approach and restorative justice theory. Data collection techniques were carried out through in-depth interviews and literature studies. The results of the study show that Article 5 paragraph (1) of the 2012 SPPA Law stipulates that if a child commits a crime or jarīmah, a restorative justice approach must be prioritized, and in Article 7 paragraph (1), it is stated that at investigation, prosecution, and examination level of a child's case in the district court, it is mandatory to attempt diversion. The Qanun Jināyat of 2014 does not separately regulate the settlement of children who commit crimes. However, it designates laws and regulations regarding juvenile justice. Qanun Jināyat regulates the handling of children who carry out a jarīmahikhtilaṭ to carry out an examination guided by the law mentioned above. However, in the case of children who commit crimes of ikhtilaṭ and are investigated by the police, the process is carried out in a restorative justice and diversionary manner. The forms of settlement in restorative justice are reconciliation with or without compensation, return to parents or guardians, social rehabilitation, and religious rehabilitation. This study argues that restorative justice treats children in a dignified manner oriented towards juctice and the interests of the child. Likewise, the study shows that SPPA Law and Qanun Jināyat complement each other.
Co-Authors Dinard Fhathird Fikri Fikri Mahfud Mahfud Rizanizarli Rizanizarli