Claim Missing Document
Check
Articles

Found 2 Documents
Search

Sanksi Pidana Bagi Pelaku Poligami dalam Kitab Undang-Undang Hukum Pidana (KUHP) Dalam Perspektif Hukum Islam dan Sistem Hukum Nasional Muhammad Afdhal Askar
Bertuah: Journal of Sharia and Islamic Economics Vol 2, No 1 (2021): Bertuah: Journal of Sharia and Islamic Economics
Publisher : STAIN Bengkalis

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

Abstract

Polygamy marriages have been going on for a long time for some people in Indonesia. The practice of polygamy is usually also motivated by several factors such as household harmony, absence of offspring, biological reasons and so on. However, with the enactment of the Criminal Code through the concordance principle which has led to legal unification hitherto, the practice of polygamy which is carried out outside the provisions of the legislation is determined to be a crime that is threatened with a criminal sanction. In its continuation, this creates a lot of controversy to Indonesian people because polygamy is basically a sharia and something that has been going on for a long time in some Indonesian people. Therefore, criminal sanctions according to Article 279 of the Criminal Code paragraph (1) and (2) to polygamy actors need to be reviewed because it is not in line with the source of material law in Indonesia, namely Pancasila and protection of human rights in practicing religion in accordance with religion and belief. . This writing is carried out through normative juridical research with qualitative research.
KEDUDUKAN KEJAKSAAN DAN PENGISIAN JABATAN JAKSA AGUNG DALAM SISTEM KETATANEGARAAN INDONESIA Husin Husaini; Muhammad Afdhal Askar
Bertuah: Journal of Sharia and Islamic Economics Vol 1, No 2 (2020)
Publisher : STAIN Bengkalis

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

Abstract

The Attorney General's Office of the Republic of Indonesia is a government institution that exercises state power in the field of prosecution and other powers based on law. Attorney General who is the leader and highest person in charge of the prosecutor's office who leads, controls the implementation of the duties and authorities of the prosecutor's office. As a law enforcement agency under the executive power and the position of Attorney General who is appointed, dismissed, and accountable to the President, this state institution is not independent in exercising its authority. This research uses normative legal research. The source of the data used in this thesis is collection through literature research, namely by examining secondary data in the form of books, laws and regulations, papers related to this writing. The results of this study conclude that the public prosecutor's office is in the executive realm to make this institution easy for executive power to intervene. Based on this research, the Attorney General's Office exercises authority related to judicial power, but this institution enters the executive realm and filling the position of Attorney General is the President's prerogative. Therefore, the authors recommend changes to the position of the Attorney General's Office and filling the position of Attorney General with changes to the constitution or changes to the prosecutor's law. This is to create an independent prosecutor's office in exercising its authority free from influence and interference from any power. Keywords: Position and Position, Attorney General's Office and Attorney General, Independent.