Pub Date : 2022-10-14DOI: 10.33756/eslaj.v4i2.19012
Nur Fika Palilati
This research aims to review the compilation of Islamic law on the prohibition of interfaith marriages, which will result in marriage registration. The research method is judicial sociological research, which employs a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that the prohibition on interfaith marriages does result in the registration of marriages, with Muslims registering marriages through the office of religious affairs. Interfaith marriages are prohibited in the rules of the Compilation of Islamic Law, one of which is explained in Article 40 KHI. Wherever it is mentioned in the article, women and men are prohibited from marrying women and men of other religions. The KUA can register Muslim marriages, while the Civil Registry Office can only register marriages for people who are married to a religion other than Islam. This means that a marriage can only be registered at the Population Service, or KUA, if it has been legalized by law or a recognized religion.
{"title":"Review of Compilation of Islamic Law Against Interfaith Marriage Prohibition results in the registration of marriages","authors":"Nur Fika Palilati","doi":"10.33756/eslaj.v4i2.19012","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.19012","url":null,"abstract":"This research aims to review the compilation of Islamic law on the prohibition of interfaith marriages, which will result in marriage registration. The research method is judicial sociological research, which employs a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that the prohibition on interfaith marriages does result in the registration of marriages, with Muslims registering marriages through the office of religious affairs. Interfaith marriages are prohibited in the rules of the Compilation of Islamic Law, one of which is explained in Article 40 KHI. Wherever it is mentioned in the article, women and men are prohibited from marrying women and men of other religions. The KUA can register Muslim marriages, while the Civil Registry Office can only register marriages for people who are married to a religion other than Islam. This means that a marriage can only be registered at the Population Service, or KUA, if it has been legalized by law or a recognized religion.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133028680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study aims to determine enhancing the function of the election supervisory body through participatory supervision. The method used in this research is empirical research methodology and uses a qualitative approach as well as descriptive and qualitative analysis techniques. The results of this study indicate that increasing participatory supervision of the functions of the election supervisory body is carried out with two kinds of programs, the first is socialization which aims to build public awareness that they have an obligation to guard their right to vote in elections by participating in supervising the stages of the election administration. While the second is the corner of supervision can be interpreted as a center for the development of science and knowledge about democracy and election supervision.
{"title":"Improving the Functions of the Election Supervisory Body Through Participatory Supervision","authors":"Mohamad Rhava Kavriandi Musa, Mohamad Rivaldi Moha","doi":"10.33756/eslaj.v4i2.18308","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18308","url":null,"abstract":"This study aims to determine enhancing the function of the election supervisory body through participatory supervision. The method used in this research is empirical research methodology and uses a qualitative approach as well as descriptive and qualitative analysis techniques. The results of this study indicate that increasing participatory supervision of the functions of the election supervisory body is carried out with two kinds of programs, the first is socialization which aims to build public awareness that they have an obligation to guard their right to vote in elections by participating in supervising the stages of the election administration. While the second is the corner of supervision can be interpreted as a center for the development of science and knowledge about democracy and election supervision.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124779436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-06DOI: 10.33756/eslaj.v4i2.18415
Zulkifli S Alintiq
The purpose of this research is to know and analyze about kObstacles in the implementation of restitution for victims of traffic accidents that cause death are;Legal procedures and processes are long and complicated, law enforcement is not involved in the implementation of restitution, which means that the police do not intervene in determining compensation costs, the majority of people do not know that there is compensation in the form of restitution that must be given to perpetrators outside of the criminal cases they receive and factors perpetrators who are unable to pay compensation. By him, the researcher suggests that the police play an active role in providing socialization to the community regarding the rights they receive when they become victims of traffic accidents, especially the existence of a merger of cases with claims for compensation and law enforcers should facilitate the process of submitting requests related to compensation (restitution), by accelerating settlement of criminal cases experienced by victims in the trial process.
{"title":"Aspects of Obstacles to the Implementation of Restitution for Victims of Traffic Accidents Causing Death","authors":"Zulkifli S Alintiq","doi":"10.33756/eslaj.v4i2.18415","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18415","url":null,"abstract":"The purpose of this research is to know and analyze about kObstacles in the implementation of restitution for victims of traffic accidents that cause death are;Legal procedures and processes are long and complicated, law enforcement is not involved in the implementation of restitution, which means that the police do not intervene in determining compensation costs, the majority of people do not know that there is compensation in the form of restitution that must be given to perpetrators outside of the criminal cases they receive and factors perpetrators who are unable to pay compensation. By him, the researcher suggests that the police play an active role in providing socialization to the community regarding the rights they receive when they become victims of traffic accidents, especially the existence of a merger of cases with claims for compensation and law enforcers should facilitate the process of submitting requests related to compensation (restitution), by accelerating settlement of criminal cases experienced by victims in the trial process.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129356153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-11DOI: 10.33756/eslaj.v3i2.14695
Ayub Wahidun Muntholib
The purpose of this study was to determine what factors influence the mediation process in the settlement of divorce cases at the Gorontalo Religious Court Class 1A. The type of research used is Sociological Juridical research, using data types consisting of primary data, secondary data, and tertiary data. Data collection techniques were carried out using interviews, observation, and library techniques. Then the data were analyzed descriptively and provided an overview or explanation of the subject and object of research as the results of the research conducted. The results of this study indicate that the problem with the delay in the mediation process for divorce cases at the Religious Courts of Gorontalo City Class 1A is caused by several factors including the desire of the parties, namely to be clean and hard to choose divorce, so the parties do not have good faith to resolve the dispute peacefully, the openness factor which is usually influenced by the shame and prestige of the parties to reveal personal problems in the mediation process, the mediator factor in the sense that the imbalance between the incoming mediation cases and the human resources in the Gorontalo religious court class 1A. based on data in 2021 there are 153 mediation cases but the available human resources are only 8 Judges and mediators so it will be difficult to handle with limited human resources, and environmental factors in the sense that the parties become discouraged and feel prestige when deciding to make peace because if this party made an amicable decision while the case was already in court, they were worried that they would become a laughing stock and also become the subject of stories by friends from both sides.
{"title":"Problems of Mediation by Judges against Divorce Cases in Gorontalo Religious Court Class 1A","authors":"Ayub Wahidun Muntholib","doi":"10.33756/eslaj.v3i2.14695","DOIUrl":"https://doi.org/10.33756/eslaj.v3i2.14695","url":null,"abstract":"The purpose of this study was to determine what factors influence the mediation process in the settlement of divorce cases at the Gorontalo Religious Court Class 1A. The type of research used is Sociological Juridical research, using data types consisting of primary data, secondary data, and tertiary data. Data collection techniques were carried out using interviews, observation, and library techniques. Then the data were analyzed descriptively and provided an overview or explanation of the subject and object of research as the results of the research conducted. The results of this study indicate that the problem with the delay in the mediation process for divorce cases at the Religious Courts of Gorontalo City Class 1A is caused by several factors including the desire of the parties, namely to be clean and hard to choose divorce, so the parties do not have good faith to resolve the dispute peacefully, the openness factor which is usually influenced by the shame and prestige of the parties to reveal personal problems in the mediation process, the mediator factor in the sense that the imbalance between the incoming mediation cases and the human resources in the Gorontalo religious court class 1A. based on data in 2021 there are 153 mediation cases but the available human resources are only 8 Judges and mediators so it will be difficult to handle with limited human resources, and environmental factors in the sense that the parties become discouraged and feel prestige when deciding to make peace because if this party made an amicable decision while the case was already in court, they were worried that they would become a laughing stock and also become the subject of stories by friends from both sides.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129683510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-10DOI: 10.33756/eslaj.v0i0.14988
Gloryna Rahayu Chrysti
Abstract : The purpose of this research is to unravel the implementation of restorative justice by the police in criminal acts of defamation on social media, especially those that occur in the jurisdiction of the Gorontalo Regional Police. This type of research is empirical legal research using a field approach through interviews, supported by a statute approach and a case approach . The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. Based on the results of the study, the answers to the existing problems were obtained, that the effectiveness of the implementation of restorative justice by the police in the criminal act of defamation on social media in the Gorontalo Regional Police jurisdiction has actually been running in accordance with the expected restorative justice, although in its implementation it is still far in quantity when compared to the number of cases entered and processed through RJ. In 2019, 2020 and 2021 there were 11 cases of defamation that were resolved through RJ at the Gorontalo Regional Police and it is a success of the police as a mediator for resolving cases before entering the legal court process, the police have played their role in providing mediation offers to the parties in pursue restorative justice. All components involved in restorative justice or a restorative justice approach must implement in an integrated manner between the police, litigants, and community leaders as well as traditional leaders in cases of criminal defamation on social media.
{"title":"Implementation Of Restorative Justice By The Police On Defaming In Social Media","authors":"Gloryna Rahayu Chrysti","doi":"10.33756/eslaj.v0i0.14988","DOIUrl":"https://doi.org/10.33756/eslaj.v0i0.14988","url":null,"abstract":"Abstract : The purpose of this research is to unravel the implementation of restorative justice by the police in criminal acts of defamation on social media, especially those that occur in the jurisdiction of the Gorontalo Regional Police. This type of research is empirical legal research using a field approach through interviews, supported by a statute approach and a case approach . The analysis used in this study is descriptive data analysis using a qualitative approach to secondary data and primary data. Based on the results of the study, the answers to the existing problems were obtained, that the effectiveness of the implementation of restorative justice by the police in the criminal act of defamation on social media in the Gorontalo Regional Police jurisdiction has actually been running in accordance with the expected restorative justice, although in its implementation it is still far in quantity when compared to the number of cases entered and processed through RJ. In 2019, 2020 and 2021 there were 11 cases of defamation that were resolved through RJ at the Gorontalo Regional Police and it is a success of the police as a mediator for resolving cases before entering the legal court process, the police have played their role in providing mediation offers to the parties in pursue restorative justice. All components involved in restorative justice or a restorative justice approach must implement in an integrated manner between the police, litigants, and community leaders as well as traditional leaders in cases of criminal defamation on social media.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130614162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-23DOI: 10.33756/eslaj.v4i2.18142
Ardi Rauf, Vifi Swarianata
The purpose of this study is to find out the factors that cause the emergence of domestic violence crimes in the Gorontalo porles hokum area and to find out the efforts of the police to minimize cases of domestic violence crimes in the jurisdiction of the Gorontalo police. The method used in the study is empirical research with qualitative data. Approach techniques carried out in this data collection include Literature Studies, Interviews, and Questionnaires. The results showed that the causal factors behind someone committing violence in the jurisdiction of the Gorontalo police, among them were infidelity, economic factors, patriarchal culture, drunkenness, and playing gambling. The role of polri in dealing with domestic violence is, among others: Preventively, polri is more inclined to mediate. And Repressively: The role of the National Police is repressive on its own by carrying out actions, including Investigation, investigation, and Protection. An update on this research is that the author relates the theory of Criminology and the theory of punishment in this topic of discussion.
{"title":"Seeing Domestic Violence in Gorontalo from the Point of View of Criminology","authors":"Ardi Rauf, Vifi Swarianata","doi":"10.33756/eslaj.v4i2.18142","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18142","url":null,"abstract":"The purpose of this study is to find out the factors that cause the emergence of domestic violence crimes in the Gorontalo porles hokum area and to find out the efforts of the police to minimize cases of domestic violence crimes in the jurisdiction of the Gorontalo police. The method used in the study is empirical research with qualitative data. Approach techniques carried out in this data collection include Literature Studies, Interviews, and Questionnaires. The results showed that the causal factors behind someone committing violence in the jurisdiction of the Gorontalo police, among them were infidelity, economic factors, patriarchal culture, drunkenness, and playing gambling. The role of polri in dealing with domestic violence is, among others: Preventively, polri is more inclined to mediate. And Repressively: The role of the National Police is repressive on its own by carrying out actions, including Investigation, investigation, and Protection. An update on this research is that the author relates the theory of Criminology and the theory of punishment in this topic of discussion.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114570591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-23DOI: 10.33756/eslaj.v4i2.18339
LM Ady Saputra
The purpose of this writing is to analyze what the judges consider about the crime of abortion (Decision Study Number: 90/Pid.Sus/2021/PN/Gto). The writing method used is Normative writing, using 2 approaches namely; law (statute approach) and a case approach (case approach). The results of this writing show; In decision Number: 90/Pid.Sus/2021/PN/Gto. Judges are not based on strong juridical considerations by applying the principle of lex specialist derogate legi general and the principle of lex posterior derogate legi priori,
{"title":"Analysis of Lack of Basis for Judge Considerations in Cases of Abortion by Teenagers","authors":"LM Ady Saputra","doi":"10.33756/eslaj.v4i2.18339","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18339","url":null,"abstract":"The purpose of this writing is to analyze what the judges consider about the crime of abortion (Decision Study Number: 90/Pid.Sus/2021/PN/Gto). The writing method used is Normative writing, using 2 approaches namely; law (statute approach) and a case approach (case approach). The results of this writing show; In decision Number: 90/Pid.Sus/2021/PN/Gto. Judges are not based on strong juridical considerations by applying the principle of lex specialist derogate legi general and the principle of lex posterior derogate legi priori,","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131527254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18328
Ananda Putri S. Maksum, W. A. Dungga, Mellisa Towadi
This study aims to analyze criminological reviews based on the theory of anomie criminal acts of fraud (Illegal Investment) and law enforcement of criminal acts of fraud in the Gorontalo Regional Police. This study uses the Normative - Empirical method. By using primary data and secondary data, data collection techniques through interviews, observation, and literature studies. The results of this study indicate the causes of people becoming perpetrators of illegal investment fraud, namely wanting to enrich themselves, and taking advantage of opportunities for the lack of public knowledge about the mechanisms and ways of working investment products and the general public. Factors that lead to criminal acts of illegal investment: Economic, environmental, and social factors Investing in Indonesia is regulated in Law no. 25 of 2007 concerning Investment. Law enforcement by the Gorontalo Regional Police general criminal investigation cyber investigation process through complaints of victims of illegal investments. To obtain the identity of the perpetrator, and the role of the perpetrator in the implementation of investment fraud crimped es, an investigation process is carried out up to the final stage of the legal process.
{"title":"Illegal Investment Crimes in the Perspective of Anomie Theory","authors":"Ananda Putri S. Maksum, W. A. Dungga, Mellisa Towadi","doi":"10.33756/eslaj.v4i2.18328","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18328","url":null,"abstract":"This study aims to analyze criminological reviews based on the theory of anomie criminal acts of fraud (Illegal Investment) and law enforcement of criminal acts of fraud in the Gorontalo Regional Police. This study uses the Normative - Empirical method. By using primary data and secondary data, data collection techniques through interviews, observation, and literature studies. The results of this study indicate the causes of people becoming perpetrators of illegal investment fraud, namely wanting to enrich themselves, and taking advantage of opportunities for the lack of public knowledge about the mechanisms and ways of working investment products and the general public. Factors that lead to criminal acts of illegal investment: Economic, environmental, and social factors Investing in Indonesia is regulated in Law no. 25 of 2007 concerning Investment. Law enforcement by the Gorontalo Regional Police general criminal investigation cyber investigation process through complaints of victims of illegal investments. To obtain the identity of the perpetrator, and the role of the perpetrator in the implementation of investment fraud crimped es, an investigation process is carried out up to the final stage of the legal process.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124891465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18291
Zulkifli H. Demanto Demanto
This study discusses black stone mining in Bone Bolango Regency, Gorontalo Province. The type of research used in this research is sociological or empirical legal research. This research uses a normative legal science approach (laws and regulations). The author finds that the legal consequences arising from the illegal mining of black stone in Bone Bolango Regency is a criminal act in the mining sector prohibited by regulations, and the authors find that the role of the District Government. Bone Bolango in preventing environmental damage due to black stone mining activities consists of 3 things, namely; 1). Reclamation; 2). Periodic checking and monitoring; 3). Providing education to the community. Based on the explanation in the discussion and conclusions that the authors have described above, the authors have recommendations for suggestions to the government as follows; 1). Local governments must actively participate in protecting the environment in cases of damage caused by illegal mining activities; 2). The government must formulate appropriate regulations to protect the rights and interests of all parties.
{"title":"Black Stone Mining (Effort to Control Environmental Damage)","authors":"Zulkifli H. Demanto Demanto","doi":"10.33756/eslaj.v4i2.18291","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18291","url":null,"abstract":"This study discusses black stone mining in Bone Bolango Regency, Gorontalo Province. The type of research used in this research is sociological or empirical legal research. This research uses a normative legal science approach (laws and regulations). The author finds that the legal consequences arising from the illegal mining of black stone in Bone Bolango Regency is a criminal act in the mining sector prohibited by regulations, and the authors find that the role of the District Government. Bone Bolango in preventing environmental damage due to black stone mining activities consists of 3 things, namely; 1). Reclamation; 2). Periodic checking and monitoring; 3). Providing education to the community. Based on the explanation in the discussion and conclusions that the authors have described above, the authors have recommendations for suggestions to the government as follows; 1). Local governments must actively participate in protecting the environment in cases of damage caused by illegal mining activities; 2). The government must formulate appropriate regulations to protect the rights and interests of all parties.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131284691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-14DOI: 10.33756/eslaj.v4i2.18327
Nur Amalia Katili, Dian Ekawaty Ismail, Suwitno Yutye Imran
This study aims to analyze the chronology of cases of forced defense decisions. Normative research methods using statutory research approaches and case approaches and analytical techniques used to process legal materials are legal hermeneutics. The results of this study indicate that the decisions 794/Pid.B/2014/PN.Llg and No.257/Pid.B/2015/PN.Sky has fulfilled the elements of the noodweer requirement, namely that defense is coercive, what is being defended is oneself ), there was a very imminent threat of an imminent attack at that time, and that attack was against the law. has also fulfilled the element of the principle of subsidiarity which is the benchmark for forced defense. The disparity of decision No. 794/Pid.B/2014/PN.Log and the decision No. 257/Pid.B/2015/PN.
{"title":"The Disparity in Judge's Decisions in Forced Defense Cases","authors":"Nur Amalia Katili, Dian Ekawaty Ismail, Suwitno Yutye Imran","doi":"10.33756/eslaj.v4i2.18327","DOIUrl":"https://doi.org/10.33756/eslaj.v4i2.18327","url":null,"abstract":"This study aims to analyze the chronology of cases of forced defense decisions. Normative research methods using statutory research approaches and case approaches and analytical techniques used to process legal materials are legal hermeneutics. The results of this study indicate that the decisions 794/Pid.B/2014/PN.Llg and No.257/Pid.B/2015/PN.Sky has fulfilled the elements of the noodweer requirement, namely that defense is coercive, what is being defended is oneself ), there was a very imminent threat of an imminent attack at that time, and that attack was against the law. has also fulfilled the element of the principle of subsidiarity which is the benchmark for forced defense. The disparity of decision No. 794/Pid.B/2014/PN.Log and the decision No. 257/Pid.B/2015/PN.","PeriodicalId":309785,"journal":{"name":"Estudiante Law Journal","volume":"640 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127671984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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