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All Journal Al-Hayat: Journal of Islamic Education International Journal of Law and Society Jurnal Pendidikan Nusantara
Ferry Irawan Febriansyah
Universitas Muhammadiyah Ponorogo, Indonesia
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Journal : International Journal of Law and Society

 1 
Analysis Legal Protection Towards Wife as a Victim in Case Domestic Violence Ferry Irawan Febriansyah; Lucky Andriansyah
International Journal of Law and Society Vol 1 No 2 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i2.12

Abstract

The purpose of this study was to obtain data and explain the factors that cause domestic violence. In addition, it is also to explain how far the development of legal protection for wives as victims of domestic violence. This study uses a normative legal research method with a legal approach. Data collected directly from the community is called primary data, while data through library sources is called secondary data, laws and regulations, scientific publications, journals, and research-related papers. Research findings are presented in the form of a systematic description. To evaluate the collected data, a normative analysis approach will be used. Factors causing domestic violence. First, there is a disparity between men and women, both at home and in public. Second, domestic violence is associated with power dynamics between husband and wife and with gender inequality in society. Legal protection for wives who are victims of husband violence. Forms of legal protection for women victims of violence are contained in the Law on the Elimination of Domestic Violence (Law No. 23 of 2004). Forms of legal protection include victims' rights in the form of: protection from family, police, prosecutors, courts, advocates, or other parties temporarily or based on protection orders from courts, health services according to medical needs, and special treatment. Legal protection for perpetrators of physical violence, psychological violence, and sexual violence consists of criminal sanctions.
Implications of the Covid-19 Pandemi as Forcing Circumstances (Overmacht) in Credit Agreements Haadi Arrosyiid; Ferry Irawan Febriansyah
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.25

Abstract

This study discusses whether the Covid-19 pandemic can be classified as a force majeure (overmatch) in a credit agreement. This study uses a normative juridical method by conducting a literature study on legal materials obtained from laws, literature, and other books related to this writing. From the results of the research that has been done, the policies implemented during the Covid-19 pandemic could have gone better. This is marked by the continued decline in the community's economy, so the achievements in the agreements still need to be fulfilled. Many parties, one of which is a debtor in a credit agreement, have failed to pay by using force majeure (overmatch) to avoid responsibility for compensation. The Covid-19 pandemic can indeed be classified as a force majeure (overmacht) as long as the debtor can prove the reasons he stated to the creditor in several ways, namely 1) An unexpected event occurred, 2) An event that occurred beyond his control/fault, and 3) some events prevent the debtor from fulfilling his achievements.
Criminal Acts of Murder Committed in Forced Circumstances (Overmacht) Haadi Arrosyiid; Ferry Irawan Febriansyah
International Journal of Law and Society Vol 2 No 1 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i1.29

Abstract

The main objective of this research is to find out what is Forced Circumstances (Overmacht) and why Forced Circumstances (Overmacht) can free perpetrators from criminal responsibility. Departing from here, in conducting research, the author uses normative research methods with a statutory approach (Statue Approach), namely legal research that focuses on examining documents, namely implementing various secondary data such as legal references, statutory regulations, court decisions, and legal theory, and can also be in the form of opinions expressed by legal scholars in processing research. The results of research conducted by the author show that First, Overmacht occurs because the killer does it by first attacking, making his soul vibrate, then defending himself so as not to become a real victim. This was done in self-defence because he had a choice, either he died, or his opponent died. Second, the criminal act of murder under force majeure (overmacht) cannot be held criminally responsible for the perpetrator because, from the start, it is known that it was an act of self-defence (overmacht), and then the investigation must be stopped. If the trial stage continues, the Judge must use his conscience in determining the Judge, and there must be substantial evidence, such as CCTV footage or eyewitnesses from the incident. It can also be based on the actual situation. Criminal liability itself is for a crime, and its purpose is to determine whether a suspect or defendant should be held accountable for a crime that has occurred.
Phenomenology Analysis of Functional Bureaucratic in Budget Abuse Insyira Yusdiawan Azhar; Ishomuddin; Oman Sukmana; Ferry Irawan Febriansyah
International Journal of Law and Society Vol 2 No 2 (2023): International Journal of Law and Society (IJLS)
Publisher : LETIGES in collab with NAJAHA & APJHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i2.33

Abstract

This research aims to look micro-based on the subject's experience of how several bureaucratic actors in small towns commit the phenomenon of budget abuse. The research method used is a qualitative approach with a phenomenological research type. The primary data was obtained by interviewing five main informants and field observations, while the secondary data was obtained from various related encyclopedia sources. Data analysis used Moustakas' theory by reading interview transcripts, horizonalization, a cluster of meaning, and developing textural descriptions to validate reflexity, credibility, and transferability. This study's results reveal how corruptors' actions are more motivated by a person's scientific attitude, which is based on social a priori as explained by classical phenomenology, compared to situational factors that are felt by the body as initiated by neo-phenomenology.
Analysis of Offense Sexual Abuse on The Psychological Effects of Victims Ferry Irawan Febriansyah; Afiful Ikhwan; Ucuk Agiyanto; Pretty Desya Saputri
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : LETIGES in collab with NAJAHA & APJHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.61

Abstract

The population level of citizens must be balanced with the high level of welfare of the Indonesian population. Every citizen has the right to obtain it by allowing it to grow and develop optimally, physically, mentally, socially and as a personality. One of the efforts is to protect against violence, in this case, sexual violence. This study aims to reveal the impact caused by victims of sexual abuse. The results of this study explain that the psychological impact of sexual harassment is quite a lot, such as somatization, nervous pain, chronic pain, changes in sexual behaviour, schooling, learning problems, and problems including the use of illegal drugs, self-harm, cruelty to animals, human crime. Grown up and committed suicide. Therefore, the state's role is to provide legal protection to create a sense of security and legal guarantees for the obscenity that befalls them.
Co-Authors Afiful Ikhwan Alfalachu Indiantoro Aries Isnandar Haadi Arrosyiid Heriadi Insyira Yusdiawan Azhar Ishomuddin Johan Fendy Pratama Lucky Andriansyah Oman Sukmana Pretty Desya Saputri Syam, Aldo Redho Ucuk Agiyanto Yogi Prasetyo