Muhammad Zainal
Dosen Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Zainul Hasan Probolinggo

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Penerapan Restorative Justice Dalam Penyelesaian Perkara Pidana Oleh Lembaga Penegak Hukum Di Indonesia: (Berdasarkan Nota Kesepakatan Bersama Ketua Mahkamah Agung, Menteri Hukum dan Ham, Jaksa Agung dan Kepala Kepolisian Tahun 2012) Kholidazia El HF.; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan

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Abstract

The research on "The Application of Restorative Justice in the Settlement of Criminal Cases by Law Enforcement Agencies in Indonesia (Based on a Memorandum of Understanding with the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Attorney General and Chief of Police in 2012)" aims to: 1) to know and understand decisions about the types of criminal acts that can be applied by Restorative Justice in the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012; 2) to analyze the application of Restorative Justice carried out by Law Enforcement Agencies in Indonesia based on the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012. This research uses normative legal research or library law research or also called literary studies with a statutory approach where it is necessary to understand the hierarchy and principles in statutory regulations. Based on the results of the study, broadly speaking, the results of this study can be concluded as follows:a. Types of Crimes That Can Be Settled Through Restorative Justice 1) The Supreme Court of the Republic of Indonesia in General Courts: Minor crimes, cases of women in conflict with the law, cases of children in conflict with the law and narcotics cases; 2) at the Indonesian Prosecutor's Office: The suspect has committed a crime for the first time, the crime is only threatened with a fine or is threatened with imprisonment of not more than 5 (five) years and the crime is committed with the value of the evidence or the value of the loss caused as a result of the crime. a criminal offense of not more than Rp. 2,500,000 (two million five hundred thousand rupiah); 3) in the Indonesian National Police: all crimes against general crimes that do not cause human victims.b. Application of Restorative Justice 1) in the Supreme Court of the Republic of Indonesia in the General Courts Environment: The application of Restorative Justice is adjusted to the type of criminal case, however, the principle of application is the same, namely by seeking peace and compensation; 2) at the Attorney General's Office of the Republic of Indonesia: by making peace efforts between the suspect and the victim; 3) in the Indonesian National Police: efforts to reconcile and settle disputes between the litigants (the reporting party, and/or the family of the reporting party, the reported party and/or the family of the reported party and representatives of community leaders) with the investigator's superiors knowing. Keyword: Law, Restorative Justice
Praktek Perjanjian Bagi Hasil Tanah Pertanian Antara Petani Pemilik Dengan Petani Penggarap Di Desa Gondosuli, Kecamatanpakuniran, Kabupaten Probolinggo: (Yuridis Empiris) Fathul Qorib; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan

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Abstract

Basically, the State of Indonesia is an agrarian country, where the land can be planted with any crops, therefore the author takes the title "Practice of Agricultural Land Production Sharing Agreements Between Owner Farmers and Cultivators in Gondosuli Village, Pakuniran District, Probolinggo Regency" which is directly related to the agreement. profit sharing from agricultural land in Gebangan Village. In writing this thesis, the author raised three problems, namely: (1). What are the Procedures, Forms and Amounts of the Profit Sharing Coefficient of Agricultural Land in Gebangan Village. (2). How are the Efforts to Improve the Fate of the Farmers in relation to the Procedures, Forms and Coefficients for Sharing Agricultural Land Yields in Gebangan Village. (3). Who usually mediates when there is a problem between the Owner Farmer and the Cultivator in Gebangan Village.The purpose of this writing is Special Purpose.Specifically, the goal to be achieved is to know the practice of sharing agricultural land in Gebangan Village, Krejengan District, Probolinggo Regency, including wanting to know the Procedures, Forms and Profit Sharing Coefficients between Owner Farmers and Cultivators, so that in the future it will be known as well. the shortcomings that exist in the implementation of the agreement, so that in the end it will be possible to take steps to improve the future of the Farmers, especially Cultivators. Where the sharecroppers are always oppressed by landowners who have a lot of capital. General PurposeIt is to develop the level of institutional scientific knowledge, in this case Educational Institutions on Campus, including policy makers in the field of Agriculture, especially those relating to efforts to advance the future of Small Farmers in Indonesia, so that with this knowledge they can be used as a guide for updating provisions. there is, with the hope that the lives of the Farmers who are actually very useful for the Indonesian Nation are better and more advanced, so that our nation can be known again as an Agrarian Country.The method of this research is using the Juridical Empirical research method in which the legal sources used are from several valid references and through direct research in the field, where the resource persons have been directly involved in the practice of this profit-sharing agreement. The results of this study are the authors can provide a little knowledge to the people who live in Gebangan Village how the procedure for the correct agricultural land production sharing agreement for owners and cultivators, which is based on Law No. 2 of 1960, the correct agreement must be in writing, there is a witness or make an agreement in front of the local village head so that the legal basis is strong, if there is fraud from one of the parties who made the agreement then it can be brought to justice because they already have strong evidence to be brought to justice, but now there are still many farmers making agreements with just words without making a written agreement so that if there is a problem you can't do anything. Therefore, the government made a law for agricultural land production sharing agreements that occurred between the owner and the cultivator, so that the land owner could not arbitrarily treat the tenant farmers, after being given an understanding of the agreement regulated by Law Number 2 of 1960, in Gebangan Village. have already entered into a written agreement.. Keyword: Constitution, Practice
Studi Komparasi Dan Analisis Terhadap Tindak Pidana Kesusilaan Zina, Pemerkosaan Dan LGBT Dalam Perspektif KUHP Dan RKUHP 2015 Hj. Khusnul Hitaminah; Muhammad Zainal
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan

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Abstract

The law as we know it has three concepts that are the essence and foundation of the law itself, namely providing justice, providing benefits and certainty. Law is born, grows and develops with the community, meaning that the law undergoes a process of change at any time along with the development of people's behavior, therefore the law must be dynamic so that people are protected and their safety is guaranteed when they feel their life is threatened. One of the things that is rife in society lately is the occurrence of sexual harassment, rape and free same-sex sexual relations, all of which are troubling to us as a nation that has high civilization by upholding moral values, but it is tarnished by the rise of incidents such as illustrated above. Therefore, the law has an active role as a tool to protect and prevent that what has been described above is an extraordinary event in our country. So that peace, peace and the image inherent in our nation that upholds the honor of moral values can be guaranteed for its sustainability. Along with that, although all this research is normative, it aims to provide information to the public that the law must be dynamic and not stagnant considering that society is always dynamic along with the times, so that this research conducts a study and comparative study of the laws that apply now and in the future, which of course this is a form or manifestation of our concern and the state apparatus to ensure the safety and comfort of the community. From some of these explanations, the author takes the title "Comparative Study and Analysis of Crimes of Morality, Adultery, Rape and LGBT in the Perspective of the 2015 Criminal Code and RKUHP" with the following objectives: For the public in general, to know that the articles in the Criminal Code that regulate the issue of adultery, rape and LGBT are too specific and narrow so they need to be expanded to be more comprehensive. To let the public know that the legislative body has tried to make new breakthroughs by adding new articles in the Criminal Code regarding the rules regarding Adultery, Rape and LGBT. With the addition of articles in the new Draft Criminal Code, it is possible to contribute justice to all victims of adultery by means of violence or rape. It is also hoped that with this RKUHP people will no longer have same-sex intercourse, which is carried out freely without any sanctions for the perpetrators.. Keyword: Comparative Study, Moral Crimes, Criminal Code and RKUHP
Tinjauan Yuridis Terhadap Upaya Hukum Kasasi Jaksa Penuntut Umum Atas Putusan Bebas Pada Kasus Baiq Nuril Berdasarkan Pasal 244 Kitab Undang-Undang Hukum Acara Pidana Muhammad Zainal; Kholidazia El. HF.
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 1 (2021): Maret 2021
Publisher : STIH Zainul Hasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (272.763 KB)

Abstract

All citizens are equal before the law and are obliged to uphold the law and the government with no exceptions", the quote is the content of Article 27 paragraph 1 of the 1945 Constitution. The constitution is the highest law above other laws. This article is a mandate that we must obey as citizens, so that whoever and whatever our position is, of course we must obey a rule of law without any exceptions, in order to create a sense of security and peace, because the law has a rule and principle which is the main foundation. of the law itself, namely providing a sense of justice, benefits and certainty. In the law enforcement process carried out by court agencies, the final point is a decision taken by the panel of judges, and every decision taken will certainly lead to a polemic, one party considers the decision fair and on the other side considers the decision unfair, so that the principle of Certainty of the law itself is sometimes biased. Although in essence the law functions to ensure a sense of security, order and peace in society, behind that it is not uncommon for the law to sometimes create unrest in the community, because after all the law cannot be separated from society as a legal subject, and vice versa, society cannot be separated from the law, as stated in the statement. Cicero "Ubi Societi Ibi Ius, Ibi Ius Ubi Society" where there is society there is law, where there is law there is society. This research is normative but raises a legal case that is phenomenal and viral on social media and becomes a polemic in the midst of society, as if something went wrong in its application, namely the acquittal of a defendant but was appealed by the Public Prosecutor so that it seemed contradictory. with actual legal norms and there is no legal certainty and does not provide a portion of justice as the function of the law itself, in this context the author is interested in studying it in this study so that the polemics that arise can be studied in terms of the existing rules. Because this case has attracted the attention of many people who think that the law is not in place, "the strong are immune to the law while the weak are oppressed, the law is sharp downwards but blunt upwards" statements such as. That's what often appears when the weak do not get justice. Because of the polemics that arose in this case, the author is interested in examining it in an application of the articles in the Criminal Procedure Code as a basis for providing an explanation of the cases raised in this study, as the provisions of the law are juridical normative empirical. Keyword: Yiridis Review, Cassation Legal Effort, Free Decision, Article 244 of the Criminal Code