Pub Date : 2024-07-06DOI: 10.22373/legitimasi.v13i1.23379
Jabbar Sabil
Fiqh is an abstract concept not bound to a particular case in space and time, so it becomes universal. Through a legal decision, the judiciary applies Fiqh to one of the cases in particular. It shows that Fiqh implementation requires other legal instruments, such as the judiciary. The implementation aspect of Fiqh is an object study for Siyasa Sharia, so Fiqh and Siyasa had to moderate and integrate into the law system. This paper examines the moderation of Fiqh and Siyasa in the Aceh Darussalam Sultanate and their integration into the legal system. This study is normative legal research that uses a historical approach. The data source for this research is primary legal material in the form of the constitutional text of the Sultanate of Aceh Darussalam, namely Adat Meukuta Alam, and other supporting texts. This study found that the constitution of the Aceh Darussalam Sultanate drew on moderate Fiqh and Siyasa. The results of this study conclude that Fiqh and Siyasa were integrating into a legal system that complements one another
{"title":"Fiqh and Siyasa Model of Integration: A Study of The Constitution of The Sultanate of Aceh Darussalam","authors":"Jabbar Sabil","doi":"10.22373/legitimasi.v13i1.23379","DOIUrl":"https://doi.org/10.22373/legitimasi.v13i1.23379","url":null,"abstract":"Fiqh is an abstract concept not bound to a particular case in space and time, so it becomes universal. Through a legal decision, the judiciary applies Fiqh to one of the cases in particular. It shows that Fiqh implementation requires other legal instruments, such as the judiciary. The implementation aspect of Fiqh is an object study for Siyasa Sharia, so Fiqh and Siyasa had to moderate and integrate into the law system. This paper examines the moderation of Fiqh and Siyasa in the Aceh Darussalam Sultanate and their integration into the legal system. This study is normative legal research that uses a historical approach. The data source for this research is primary legal material in the form of the constitutional text of the Sultanate of Aceh Darussalam, namely Adat Meukuta Alam, and other supporting texts. This study found that the constitution of the Aceh Darussalam Sultanate drew on moderate Fiqh and Siyasa. The results of this study conclude that Fiqh and Siyasa were integrating into a legal system that complements one another","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"344 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141836885","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 : 2024-07-06DOI: 10.22373/legitimasi.v13i1.22357
Yuni Roslaili, Muhammad Maulana, Dinni Maghfirah, Suparwany Suparwany
Customary law has been used to decide certain criminal matters in Aceh instead of positive law. This was the case in the persecution incidents that occurred in various villages in the Meureudu region, where the idea of Sayam was employed. This study aimed to determine the practice of compensation in the concept of Sayam, the effectiveness of its use in resolving persecution and criminal conflicts, and whether there were any gaps between the concept of mediation in Indonesia and the concept of Sayam mediation in Aceh. This research used descriptive normative analysis and referred to legal pluralism, which considers the interplay of state, customary, and religious law using an empirical social approach. The results of this study found two types of procedures for reporting cases of persecution in the concept of Sayam: First, the complaint of the case was addressed to the village apparatus, and second, the complaint of the case was submitted to the police station. The technical compensation to the victim used four methods: deliberation, customary reusam, and losses, which were borne together based on the motto "saboh pisang koh dua" (one banana divided for two), and the last, based on the policy of traditional leaders. The gap between the concept of sayam in Aceh and the concept of mediation in Indonesia was that in the concept of sayam, as in general customary law, there was no recording, and in the concept of sayam, decisions were sometimes based on the decisions of traditional leaders.
{"title":"Sayam: Implementing Customary Law in The Resolution of Persecution Criminal Cases in Aceh","authors":"Yuni Roslaili, Muhammad Maulana, Dinni Maghfirah, Suparwany Suparwany","doi":"10.22373/legitimasi.v13i1.22357","DOIUrl":"https://doi.org/10.22373/legitimasi.v13i1.22357","url":null,"abstract":"Customary law has been used to decide certain criminal matters in Aceh instead of positive law. This was the case in the persecution incidents that occurred in various villages in the Meureudu region, where the idea of Sayam was employed. This study aimed to determine the practice of compensation in the concept of Sayam, the effectiveness of its use in resolving persecution and criminal conflicts, and whether there were any gaps between the concept of mediation in Indonesia and the concept of Sayam mediation in Aceh. This research used descriptive normative analysis and referred to legal pluralism, which considers the interplay of state, customary, and religious law using an empirical social approach. The results of this study found two types of procedures for reporting cases of persecution in the concept of Sayam: First, the complaint of the case was addressed to the village apparatus, and second, the complaint of the case was submitted to the police station. The technical compensation to the victim used four methods: deliberation, customary reusam, and losses, which were borne together based on the motto \"saboh pisang koh dua\" (one banana divided for two), and the last, based on the policy of traditional leaders. The gap between the concept of sayam in Aceh and the concept of mediation in Indonesia was that in the concept of sayam, as in general customary law, there was no recording, and in the concept of sayam, decisions were sometimes based on the decisions of traditional leaders. ","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"8 3‐4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141837001","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 : 2023-05-12DOI: 10.22373/legitimasi.v12i1.15995
Salman Abdul Muthalib
This paper examines the typology of Nahdlatul Ulama fiqh thinking as one of the major religious organizations in Indonesia. A religious organization inherently shares a basic foundation with the society itself, thereby encountering no challenges in carrying out various organizational activities. This paper aims to determine whether this organization falls into the categories of tajdid, salaf, or tamazhub. Based on the analysis of its articles of association, muktamar (major assembly), and fatwas, it can be concluded that Nahdlatul Ulama was initially categorized as adhering to a particular school of jurisprudence (mazhab). However, since the 1990s, Nahdlatul Ulama has not only followed the opinions of a single school of thought but has also studied the methods pursued by scholars of that school.
{"title":"Tipologi Pemikiran Fikih Nahdhatul Ulama","authors":"Salman Abdul Muthalib","doi":"10.22373/legitimasi.v12i1.15995","DOIUrl":"https://doi.org/10.22373/legitimasi.v12i1.15995","url":null,"abstract":"This paper examines the typology of Nahdlatul Ulama fiqh thinking as one of the major religious organizations in Indonesia. A religious organization inherently shares a basic foundation with the society itself, thereby encountering no challenges in carrying out various organizational activities. This paper aims to determine whether this organization falls into the categories of tajdid, salaf, or tamazhub. Based on the analysis of its articles of association, muktamar (major assembly), and fatwas, it can be concluded that Nahdlatul Ulama was initially categorized as adhering to a particular school of jurisprudence (mazhab). However, since the 1990s, Nahdlatul Ulama has not only followed the opinions of a single school of thought but has also studied the methods pursued by scholars of that school.","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117165460","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 : 2023-04-13DOI: 10.22373/legitimasi.v12i1.16660
Datuk Abdul Azizul Hakim, S. Sumarno
Abstract: The criminal act of paying wages below the minimum wage is not distinct from the criminal aspect of white collar crime, that is a criminal offense committed by a person with a high socioeconomic status and a respectable commission of a crime in the interest of his work. The corporate criminal acts frequently include white collar crimes. The company's activities give a possibility for white-collar criminality to occur. The study investigates the legal resolution of crimes involving wages below the minimum wage using the white collar crime approach. This is a juridico-normative study employing qualitative data analysis. The juris-normative method is employed to analyze data through a library study on specialized secondary data discussing the norms contained in the provincial minimum wage provisions. Juridic-normative method refers to research that leads to the origins of white-collar crime, specifically in relation to the origins of good faith, with the intention of establishing justice. The results indicate that there are still numerous business owners who do not comply with the regulations. This practice has a significant impact on the well-being of victims of crime earning below the minimum wage. The efficacy of efforts to prevent criminals from receiving below-minimum payments must consider the causes of the crime. The examination of this research found criminological factors in the criminal act of paying wages below the minimum, white collar crime characteristics, and preventive and repressive efforts in the management of white collar crime.
{"title":"Pendekatan White Collar Crime: Penanggulangan Tindak Pidana Pembayaran Upah Dibawah Minimum","authors":"Datuk Abdul Azizul Hakim, S. Sumarno","doi":"10.22373/legitimasi.v12i1.16660","DOIUrl":"https://doi.org/10.22373/legitimasi.v12i1.16660","url":null,"abstract":"Abstract: The criminal act of paying wages below the minimum wage is not distinct from the criminal aspect of white collar crime, that is a criminal offense committed by a person with a high socioeconomic status and a respectable commission of a crime in the interest of his work. The corporate criminal acts frequently include white collar crimes. The company's activities give a possibility for white-collar criminality to occur. The study investigates the legal resolution of crimes involving wages below the minimum wage using the white collar crime approach. This is a juridico-normative study employing qualitative data analysis. The juris-normative method is employed to analyze data through a library study on specialized secondary data discussing the norms contained in the provincial minimum wage provisions. Juridic-normative method refers to research that leads to the origins of white-collar crime, specifically in relation to the origins of good faith, with the intention of establishing justice. The results indicate that there are still numerous business owners who do not comply with the regulations. This practice has a significant impact on the well-being of victims of crime earning below the minimum wage. The efficacy of efforts to prevent criminals from receiving below-minimum payments must consider the causes of the crime. The examination of this research found criminological factors in the criminal act of paying wages below the minimum, white collar crime characteristics, and preventive and repressive efforts in the management of white collar crime.","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134298205","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 : 2023-04-03DOI: 10.22373/legitimasi.v11i2.14305
Nanang Supena, Taufiqurrohman Syahuri
This study examines the existence of Li and Fa in the Chinese legal system and legal politics. This research uses a normative legal methodology based on a historical methodology. According to the findings of the study, the legal system and Chinese legal politics emphasize the terms Li and Fa, which, in essence, allude to Li's teachings, which emphasize a set of ethical or moral standards that regulate patterns of human behavior and must be adhered to by every individual. In the meanwhile, Fa is a written law that every Chinese citizen must respect. In essence, this concept is a law that is intrinsic to the state, applies universally and without exception, and is codified in statutes. These two terms became the standard for the development of China's legal system and legal politics. Indirectly, China, which adheres to communism, follows the standards of morality and the law as a guide for life.
{"title":"Eksistensi Politik Hukum Li dan Fa Dalam Ajaran Cina","authors":"Nanang Supena, Taufiqurrohman Syahuri","doi":"10.22373/legitimasi.v11i2.14305","DOIUrl":"https://doi.org/10.22373/legitimasi.v11i2.14305","url":null,"abstract":"This study examines the existence of Li and Fa in the Chinese legal system and legal politics. This research uses a normative legal methodology based on a historical methodology. According to the findings of the study, the legal system and Chinese legal politics emphasize the terms Li and Fa, which, in essence, allude to Li's teachings, which emphasize a set of ethical or moral standards that regulate patterns of human behavior and must be adhered to by every individual. In the meanwhile, Fa is a written law that every Chinese citizen must respect. In essence, this concept is a law that is intrinsic to the state, applies universally and without exception, and is codified in statutes. These two terms became the standard for the development of China's legal system and legal politics. Indirectly, China, which adheres to communism, follows the standards of morality and the law as a guide for life.","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133341624","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}
A traffic accident in which the perpetrator is not responsible, leaving the victim alone without stopping the vehicle, and not providing assistance is called a hit-and-run. The crime of hit and run is a problem that needs to be addressed because it is an immoral act and harms others. This thesis will be discussed Police Efforts in protecting hit-and-run victims in the Serang City Region and the Police's efforts to deal with obstacles in protecting hit-and-run victims in the Serang City Region. The research method used is empirical juridical, namely examining applicable legal provisions with data obtained in the field, namely the Serang City Police Resort, in the form of processing data on hit-and-run cases by the police and interviews to obtain information about the factors causing the hit-and-run crime, as well as the handling process. by the police in this case. The handling of the hit-and-run by the police is after receiving a report of a traffic accident, going directly to the crime scene (TKP), collecting evidence, and making an official report at the crime scene. After finding the culprit, an investigation is carried out, if an investigation into the hit-and-run case has been carried out and not found sufficient evidence, then the investigation is terminated (SP3). However, if the perpetrator has not been found, the investigation will continue until the perpetrator is found. In handling hit-and-run criminal cases, the police often experience obstacles, including the lack of evidence and witness statements, and the lack of infrastructure and human resources in the traffic unit which results in delays in handling hit-and-run accidents in the Serang City Police District.
{"title":"Perlindungan Hukum Korban Tindak Pidana Tabrak Lari di Serang Kota","authors":"Anindya Sekar Kirana, Fuqoha Fuqoha, Fitria Agustin","doi":"10.22373/legitimasi.v11i2.14934","DOIUrl":"https://doi.org/10.22373/legitimasi.v11i2.14934","url":null,"abstract":"A traffic accident in which the perpetrator is not responsible, leaving the victim alone without stopping the vehicle, and not providing assistance is called a hit-and-run. The crime of hit and run is a problem that needs to be addressed because it is an immoral act and harms others. This thesis will be discussed Police Efforts in protecting hit-and-run victims in the Serang City Region and the Police's efforts to deal with obstacles in protecting hit-and-run victims in the Serang City Region. The research method used is empirical juridical, namely examining applicable legal provisions with data obtained in the field, namely the Serang City Police Resort, in the form of processing data on hit-and-run cases by the police and interviews to obtain information about the factors causing the hit-and-run crime, as well as the handling process. by the police in this case. The handling of the hit-and-run by the police is after receiving a report of a traffic accident, going directly to the crime scene (TKP), collecting evidence, and making an official report at the crime scene. After finding the culprit, an investigation is carried out, if an investigation into the hit-and-run case has been carried out and not found sufficient evidence, then the investigation is terminated (SP3). However, if the perpetrator has not been found, the investigation will continue until the perpetrator is found. In handling hit-and-run criminal cases, the police often experience obstacles, including the lack of evidence and witness statements, and the lack of infrastructure and human resources in the traffic unit which results in delays in handling hit-and-run accidents in the Serang City Police District.","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125118110","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 : 2023-04-03DOI: 10.22373/legitimasi.v11i2.15007
A. Syatar, Kurniati Kurniati, Rindi Rindi, Arif Rahman Ramli
Sexual harassment in verbal and non-verbal forms has become increasingly prevalent globally. This study revealed cases of sexual harassment in cyberspace in accordance with National Law regulations in Indonesia on immortality, such as the Criminal Code and Law Number 4 of 2008 concerning Pornography and Law Number 13 Of 2006 on Legal Protection of Witnesses and Victims. Meanwhile, in the Islamic legal order, sexual harassment in cyberspace is seen in the discussion of the Jinayah Fiqh, classified as jarimah takzir and contains elements of abomination or insulting acts. The legal protection for victims of sexual harassment in Islamic law is in the form of imposing sanctions on perpetrators, which the government determines following the magnitude of their crime. The hope of strengthening immoral punishment has become necessary for Indonesia by considering the spirit and value embodied in Islamic criminal law.
{"title":"Sexual Harassment in Cyberspace in the Perspective of Islamic Criminal Law and National Law","authors":"A. Syatar, Kurniati Kurniati, Rindi Rindi, Arif Rahman Ramli","doi":"10.22373/legitimasi.v11i2.15007","DOIUrl":"https://doi.org/10.22373/legitimasi.v11i2.15007","url":null,"abstract":"Sexual harassment in verbal and non-verbal forms has become increasingly prevalent globally. This study revealed cases of sexual harassment in cyberspace in accordance with National Law regulations in Indonesia on immortality, such as the Criminal Code and Law Number 4 of 2008 concerning Pornography and Law Number 13 Of 2006 on Legal Protection of Witnesses and Victims. Meanwhile, in the Islamic legal order, sexual harassment in cyberspace is seen in the discussion of the Jinayah Fiqh, classified as jarimah takzir and contains elements of abomination or insulting acts. The legal protection for victims of sexual harassment in Islamic law is in the form of imposing sanctions on perpetrators, which the government determines following the magnitude of their crime. The hope of strengthening immoral punishment has become necessary for Indonesia by considering the spirit and value embodied in Islamic criminal law.","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133625614","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 : 2023-04-03DOI: 10.22373/legitimasi.v11i2.14750
Zainab Ompu Jainah, Yoga Dwi Anggara
One of the development activities for inmates is the provision of medical rehabilitation and social rehabilitation for drug offenders. Implementation of medical and social rehabilitation for drug offenders at Class II B Gunung Sugih Prison in accordance with Director General of Prisons Order No. PAS-36.OT.02.02 of 2020 about Correctional Service Standards is the focus of this research. This study examines the adoption of medical and social rehabilitation programs for drug offenders. What obstacles impede the implementation of medical and social rehabilitation programs for drug offenders? This study employs a normative and empirical legal methodology. The findings indicate: The execution of medical and social rehabilitation for drug convicts begins with an assessment of the client's concerns so that medical and social rehabilitation can be applied promptly. Acceptance occurs after determining the nature of the client's problem, as well as his or her physical, psychological, social psychological, and level of expertise, while simultaneously assigning the client to several sorts of programs. The purpose of social and skill mentoring is to improve client interaction patterns, preserve emotional stability, build a sense of responsibility and discipline, and foster the desire to become a better individual. Insufficient medical equipment and infrastructure of buildings and special rooms prevent medical and social rehabilitation from taking place. There are drug users in prison who suffer from serious diseases and a lack of family support.
{"title":"Implementasi Rehabilitasi Medis dan Sosial Terhadap Narapidana Narkotika Pada Lembaga Pemasyarakatan","authors":"Zainab Ompu Jainah, Yoga Dwi Anggara","doi":"10.22373/legitimasi.v11i2.14750","DOIUrl":"https://doi.org/10.22373/legitimasi.v11i2.14750","url":null,"abstract":"One of the development activities for inmates is the provision of medical rehabilitation and social rehabilitation for drug offenders. Implementation of medical and social rehabilitation for drug offenders at Class II B Gunung Sugih Prison in accordance with Director General of Prisons Order No. PAS-36.OT.02.02 of 2020 about Correctional Service Standards is the focus of this research. This study examines the adoption of medical and social rehabilitation programs for drug offenders. What obstacles impede the implementation of medical and social rehabilitation programs for drug offenders? This study employs a normative and empirical legal methodology. The findings indicate: The execution of medical and social rehabilitation for drug convicts begins with an assessment of the client's concerns so that medical and social rehabilitation can be applied promptly. Acceptance occurs after determining the nature of the client's problem, as well as his or her physical, psychological, social psychological, and level of expertise, while simultaneously assigning the client to several sorts of programs. The purpose of social and skill mentoring is to improve client interaction patterns, preserve emotional stability, build a sense of responsibility and discipline, and foster the desire to become a better individual. Insufficient medical equipment and infrastructure of buildings and special rooms prevent medical and social rehabilitation from taking place. There are drug users in prison who suffer from serious diseases and a lack of family support.","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114978691","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 : 2023-04-03DOI: 10.22373/legitimasi.v11i2.16064
Muhammad Ridho Sinaga
This article discusses the existence of women’s and children’s units. The Women and Children Unit is responsible for providing services in the form of legal protection for women and children as victims of crime and law enforcement against their perpetrators. At present, the child, as the perpetrator of other violations of the law, is investigated according to the field of violations committed by the child and not dealt with by the Women and Children Unit. The focus of this article is on how the position and authority of the Women and Children Unit are based on Regulation No. 10 of 2007 on the Organization and Organization of Women and Children Units, as well as the urgency of the reform of criminal law through the powers of the Women and Children Unit. The research method is the juris-normative study of law. The findings of the research show that the Women’s and Children’s Units were given authority on the basis of Article 11 of Capolri Regulation No. 3 of 2008. This rule provides special protection and treatment for children who commit certain criminal acts, both as victims and as perpetrators of certain crimes. The uncertainty of the Women's and Children's Units in the process of handling children in terms of the investigation of the child of a criminal offense caused a large number of children to be involved in the investigation and investigation process, which was carried out by adult investigators and not children. With the impact caused in the process of handling the child, the offender’s conduct is considered inappropriate or less relevant. The provisions on the treatment of children of perpetrators in the case of investigation and investigation of children should be reformulated so that the child is protected from the negative impacts that may affect the fulfillment of the objectives of the child criminal justice system.
{"title":"Jaminan Perlindungan Hukum Anak: Optimalisasi Unit Perempuan dan Anak Institusi POLRI","authors":"Muhammad Ridho Sinaga","doi":"10.22373/legitimasi.v11i2.16064","DOIUrl":"https://doi.org/10.22373/legitimasi.v11i2.16064","url":null,"abstract":"This article discusses the existence of women’s and children’s units. The Women and Children Unit is responsible for providing services in the form of legal protection for women and children as victims of crime and law enforcement against their perpetrators. At present, the child, as the perpetrator of other violations of the law, is investigated according to the field of violations committed by the child and not dealt with by the Women and Children Unit. The focus of this article is on how the position and authority of the Women and Children Unit are based on Regulation No. 10 of 2007 on the Organization and Organization of Women and Children Units, as well as the urgency of the reform of criminal law through the powers of the Women and Children Unit. The research method is the juris-normative study of law. The findings of the research show that the Women’s and Children’s Units were given authority on the basis of Article 11 of Capolri Regulation No. 3 of 2008. This rule provides special protection and treatment for children who commit certain criminal acts, both as victims and as perpetrators of certain crimes. The uncertainty of the Women's and Children's Units in the process of handling children in terms of the investigation of the child of a criminal offense caused a large number of children to be involved in the investigation and investigation process, which was carried out by adult investigators and not children. With the impact caused in the process of handling the child, the offender’s conduct is considered inappropriate or less relevant. The provisions on the treatment of children of perpetrators in the case of investigation and investigation of children should be reformulated so that the child is protected from the negative impacts that may affect the fulfillment of the objectives of the child criminal justice system.","PeriodicalId":424275,"journal":{"name":"Legitimasi: Jurnal Hukum Pidana dan Politik Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130206926","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 : 2023-04-03DOI: 10.22373/legitimasi.v11i2.15267
Seva Mayasari, Toguan Rambe
Bullying is an event that is so worrying because it occurs in educational institutions such as Islamic boarding schools. The background to the occurrence of bullying is due to the different characters of the students, their age or level of education, and the culture of their family origin. With these various differences in the background, life in Islamic boarding schools is full of diversity, but problems can also arise, one of which is bullying. The location of this research is at the Padang Sidempuan Islamic Boarding School, namely Al Ansor Padangsidempuan Islamic Boarding School and Darul Ikhlas H. Abdul Manap Siregar Padang Sidempuan Islamic Boarding School. This study aims to find out how bullying occurs in Islamic boarding schools in Padang Sidempuan City and how to deal with it. Data collection techniques used were observation, interviews, focus group discussions (FGD), and documentation. Data analysis is used with qualitative descriptive analysis. The results of this study show that the forms of bullying that occur are physical bullying, verbal bullying, psychological bullying, and social bullying. To deal with bullying that occurs in Islamic boarding schools, those schools carry out two actions: first, preventive action, which consists of Islamic boarding school religious activities; and second, repressive action, which means that if there is a complaint of bullying, the person concerned will be called to the BK room and processed. If proven guilty, sanctions will be given according to what was violated. The sanctions given are in accordance with what was agreed upon at the beginning of entering the hut. Starting from physical sanctions, summoning parents, even expulsion from the hut. So far, the two Islamic boarding schools have never reached the realm of the law (court). Most are resolved amicably or according to the rules that apply in Islamic boarding schools.
欺凌事件之所以令人担忧，是因为它发生在伊斯兰寄宿学校等教育机构。欺凌发生的背景是由于学生的不同性格，他们的年龄或教育水平，以及他们的家庭出身文化。在这些不同的背景下，伊斯兰寄宿学校的生活充满了多样性，但问题也会出现，其中之一就是欺凌。这项研究的地点是在巴东西登普安伊斯兰寄宿学校，即Al Ansor巴东西登普安伊斯兰寄宿学校和Darul Ikhlas H. Abdul Manap Siregar巴东西登普安伊斯兰寄宿学校。本研究旨在了解巴东西登普安市伊斯兰寄宿学校发生霸凌的原因及处理方法。使用的数据收集技术是观察、访谈、焦点小组讨论(FGD)和记录。数据分析与定性描述性分析相结合。本研究结果表明，发生欺凌的形式有身体欺凌、言语欺凌、心理欺凌和社会欺凌。针对发生在伊斯兰寄宿学校的欺凌行为，这些学校采取了两项措施:一是预防措施，包括伊斯兰寄宿学校的宗教活动;第二，压制性行动，即如果有人投诉欺凌，有关人员将被传唤到BK室进行处理。如果被证明有罪，将根据违反的内容给予制裁。所给予的制裁是根据进入小屋时所达成的协议。从身体制裁开始，传唤父母，甚至驱逐出小屋。到目前为止，这两所伊斯兰寄宿学校从未进入法律(法庭)的领域。大多数问题都是按照伊斯兰寄宿学校的规定和平解决的。
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