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Journal : LEGALITAS

KEKUATAN HUKUM TERHADAP KESEPAKATAN DAMAI DALAM PERKARA KEKERASAN DALAM RUMAH TANGGA (KDRT) DITINJAU DARI PERSPEKTIF HUKUM PIDANA DAN HUKUM ISLAM DI INDONESIA Imron, Imron
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 2, No 2 (2017)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (398.798 KB) | DOI: 10.31293/lg.v2i2.3384

Abstract

This study was conducted to answer two things : first, how enforceable peace agreement in the settlement of domestic violence (domestic violence) were evaluated from the Perspective of Criminal Law and Islamic Law in Indonesia. Second, how problems of law enforcement domestic violence (domestic violence) in Indonesia.Based on the study results showed that the force of law a peace agreement in the settlement of domestic violence from the perspective of criminal law is very strong and fundamental. In addition, the completion of domestic violence cases are resolved through a peace agreement in line with the principles and characteristics of Islamic Criminal Law the Law of Islam put the obligation of rights, charity, and the reward for anyone who can reconcile a family who face problems in the family. This also applies to the husband and wife that is in conflict within the family so as to provide awareness for both of them not to do anything that could harm the family unit itself. The purpose of law in general is to uphold justice by the creator of human volition so as to materialize the public order and peace, and purpose of Islamic law contained in the Qur'an and Al-Hadith, which is for the happiness of human life in this world and the Hereafter, by taking all that is useful and to prevent and reject all that is not useful to human life both physical and spiritual individuals and communities that preserve religion, life, intellect, lineage and property.Problems of law enforcement domestic violence in Indonesia, that cases of domestic violence have occurred which have been addressed and has been decided by the Court which has been run by law enforcement for justice and for the creation of a sense of justice that has to judge and give a verdict / impose imprisonment for offenders who have declared legally proven guilty of committing the crime of domestic violence as a form of guarantee of security to prevent domestic violence later, it still does not have a sense of justice, because they pose an ongoing problem for the victims that the victims were mostly divorced from domestic violence perpetrators and at the which eventually became a victim not only on the wife alone but also on children and the integrity of the household. So that penal mediation was the best solution to overcome the problem of domestic violence and law enforcement is the advice in the implementation of Islamic law in Indonesia.
HAK IMUNITAS ADVOKAT BERDASARKAN PASAL 16 UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XI/2013, TANGGAL 14 MEI 2014 Imron, Imron
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 5, No 2 (2020)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v5i2.5033

Abstract

Advocates are people who work in providing legal services, both inside and outside the court, advocates are also a noble or honorable profession, advocates have a role that is no less important than other law enforcers and has the same position as a law enforcer so that it is natural for lawyers to have the right of immunity, namely the right of immunity to the work of his profession.Advocates in carrying out their profession, cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith for the benefit of the client's defense outside or in court, but in practice there are many cases involving advocates when carrying out their profession in the field up to the verdict until the verdict criminal.The problem raised in this paper is whether the lawyer is immune to the law with the existence of an advocate's immunity rights and how the legal protection of the advocate's immunity rights in carrying out his profession. This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.With the enactment of laws and regulations governing the rights of advocates of immunity, that advocates are not immune from the law but because the tasks or work done by advocates constitute the work or noble profession, then he is given special authority, namely the right of immunity or the right to immunity in law carrying out his professional duties