Legitimasi: Jurnal Hukum Pidana dan Politik Hukum

Bringing Fishermen Together Through the Customary Maritim Law of the Sea in the South West Aceh Region: al-Shulh's Perspective

Tue, 31 Dec 2024 00:00:00 +0800

Panglima Laot is a customary structure among fishing communities in Aceh province, which is tasked with leading the customary alliance managing Laot customary law. Panglima Laot resolves marine disputes using the principles of harmony, harmony, and appropriateness. Thus, there are three problem formulations in this paper. First, what are the forms of minor criminal offenses that occur in the Marine Area of Susoh Sub-district, Southwest Aceh Regency? Second, how is the process of resolving minor crimes between fishermen in the sea area of Susoh District, Southwest Aceh Regency by Panglima Laot? Third, how is the settlement of minor crimes in the sea area of Susoh District, Southwest Aceh Regency, according to Ṣulḥu? This research is field research and uses a qualitative approach. That is by interviewing the Panglima Laot of Southwest Aceh. The results showed that. First, there are three cases of minor crimes that occurred in the sea of Susoh District, Southwest Aceh Regency, including cases of fighting, cases of bloodshed fights, and cases of fish theft. Second, the process of resolving these minor crimes is carried out by first making a report to the Panglima Laot Teupin, then the Panglima Laot te also makes a report to the Panglima Laot Lhok and the district Panglima Laot, and a customary hearing is made which is attended by members of the Panglima Laot along with village officials and the families concerned then the disputing parties get advice from the Panglima Laot and village officials who are present to make peace, finally giving fines outside the trial. Third, the settlement of minor crimes at sea in Susoh District, Southwest Aceh Regency is in accordance with the concept of al-Ṣulḥu, namely settlement by deliberation and fairness.

Implementation of Compensation in the Form of Restitution for Child Victims of the Crime of Human Trafficking: Study on the Jurisdiction of the City of Padang

Harmelia Harmelia, Ilhamda Fattah Kaloko, Irfan Harmain, Dian Mustika Intan — Mon, 30 Dec 2024 00:00:00 +0800

Trafficking in persons is regulated in Law Number 21 of 2007 concerning eradicating the Crime of Trafficking in Persons. One form of legal protection for victims is the provision of compensation in the form of restitution. Children and women were often victims of the crime of trafficking in persons. The problem how is the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang. What are the obstacles in the application of compensation in the form of restitution to children as victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang? The study uses an empirical legal. Data collection techniques are through interviews and document studies, and data analysis is qualitative. The conclusion is the application of restitution for children who are victims of criminal acts of trafficking in persons in the jurisdiction of the city of Padang has not been optimal. The obstacle in implementing restitution for children as victims of the crime of trafficking in persons is the lack of awareness of law enforcement officers on victim protection, especially restitution, which results in the rights of the victims of criminal acts being often neglected because they tend to be law enforcement are more focused on imposing criminal charges against perpetrators.

Resolving Illegal Fishing in Rumpon Unjam: The Strategic Role of Panglima Laot in Aceh's Customary Law

Riadhus Sholihin, Nurul Husna, Irwansyah Irwansyah, Wahyu Maulana, Ishma Raihan — Tue, 31 Dec 2024 00:00:00 +0800

Illegal fishing is a crime that causes one party to suffer losses. Consequently, fishing activities in Indonesian waters must adhere to the regulations. The purpose of creating a legal regulation is to establish a provision and legal protection in order to maintain peace within an organisation in the event of a conflict. In this instance, the existence of panglima laot in carrying out the function of customary law is one of the role models for the order of community life in resolving the issue of unauthorized fishing on Rumpon Unjam or other people's platforms. This research seeks to determine how the mechanism for resolving illegal fishing in Rumpun Unjam is governed by customary law with the function of panglima laot, as well as the review of Islamic law on the mechanism for resolving illegal fishing in Rumpon Unjam under customary law with the function of panglima laot. This research uses field research as its methodology. Among the methods of data collection are observation and interviews. The findings of this study indicate that the mechanism for resolving illegal fishing crimes in Rumpon Unjam, which are resolved by customary law by the Sea commander, is appropriate because the customary law imposed on the perpetrator requires a deterrent effect so that he or she will not repeat the same act by receiving appropriate sanctions for the sake of justice for the victim. According to a review of Islamic law, the mechanism for resolving illegal fishing crimes in Rumpun Unjam people who are resolved by custom by the commander of the laot is in accordance with the punishment recommended by the Qur'an because it uses ta'zir law, which is a punishment decision from the regional ruler, and the punishment imposed is appropriate retribution for the actions committed. When viewed from the victim's perspective, the imposed punishment is consistent with Islamic law because it satisfies the victim's sense of justice.

Virtual Witness Testimony in Criminal Cases During the COVID-19 Pandemic: A Study on Evidence in the Banda Aceh Sharia Court

Tue, 31 Dec 2024 00:00:00 +0800

This study discusses the legal certainty of electronic criminal trials, particularly the presentation of witness testimony virtually during the COVID-19 pandemic. Guidelines for electronic criminal trials are needed to ensure uniform implementation and to uphold fair trial rights. As a province with the authority of the Syar'iyah Court, Aceh should be able to anticipate the spread of COVID-19 by implementing electronic trials. The research focuses on the regulations related to electronic trials, specifically the presentation of witness testimonies virtually as evidence in criminal cases, and the practices implemented at the Banda Aceh Sharia Court. This research uses a descriptive-analytical method with a qualitative approach. The sources of data for the research are field research and library research. The research results show that the form of legal certainty regarding electronic criminal trials or jinayat during the COVID-19 pandemic is the agreement on cooperation between the Supreme Court, the Prosecutor's Office, and the Ministry of Law and Human Rights on the Implementation of Trials Through Teleconference, which was then established by Supreme Court Regulation Number 4 of 2020 concerning the Administration and Trial of Criminal Cases in Court Electronically. In practice, the Banda Aceh Sharia Court determined that the presentation of witness testimony during the COVID-19 pandemic must be conducted in the courtroom. However, it is still carried out virtually to connect with the defendant in the detention center or prison where he is held.

Restitution to Victims of Rape Crimes: Examination of Judicial Decision Number 06/JN/2019/MS.Lsm

Mursyid Djawas, Dedy Sumardi, Ratna Yusdiana, Atika Nabila, Cut Najwa Safa Yumna — Tue, 31 Dec 2024 00:00:00 +0800

Recompense for victims of rape is governed by Article 51 of the Aceh Jinayat Law, which underscores the victim's entitlement to request recompense. In reality, judges do not impose restitution punishments on all rape cases, as the victims of rape do not submit a restitution request. This results from a deficiency in comprehension concerning the procedure for seeking recompense for the victim's incurred losses. This study examines the provision of recompense for rape victims through the lens of Islamic criminal law, specifically concerning the nature and status of reparation. This paper is a normative legal analysis. Data acquisition was performed via library research. The research findings indicate that the restitution mechanism within the Qanun Jinayat is inadequately detailed, resulting in numerous rape victims being unable to seek restitution. Consequently, judges cannot impose restitution penalties without such requests from the victims. In Islamic criminal law, reparation holds an equivalent status to diyat. The method for restitution in Islam does not necessitate a request; instead, the judge explicitly determines that the culprit is obligated to pay diyat to the victim of rape for their crimes. Consequently, the government should establish an institution to provide restitution to rape victims if the perpetrator is unable to pay restitution, as the provision of restitution is contingent upon the financial capability of the perpetrator. Furthermore, standards should be established to determine the minimum reparation that the offender must provide to the rape victim, ensuring that the restitution aligns with the losses incurred by the victim.

Ngaming Customary Sanctions in the Resolution of Physical Violence Crimes in Gayo Lues: An Islamic Criminal Law Perspective

Tue, 31 Dec 2024 00:00:00 +0800

Physical violence is an act that causes pain, injury, or serious wounds. In the Gayo Lues community, there is a customary law that regulates sanctions against perpetrators of physical violence. Adat Ngaming, one of the customs of Gayo Lues, regulates the types and levels of sanctions and the weight of the sanctions according to the purpose of forming a law. This research examines how the Ngaming customary sanctions resolve physical violence cases according to the customary law of the Marpunge Raya settlement and the review of Islamic criminal law on Ngaming customary sanctions for perpetrators of physical violence in the Marpunge Raya settlement. This research uses the empirical legal research method through library and field data collection techniques. The research results show that Ngaming customs impose sanctions on perpetrators of physical violence crimes according to the type and severity of the actions committed by the perpetrator. Violence to the head that causes a lot of bleeding (blood flowing out) is compensated with one goat, and the bleeding wound is treated (luke besalin) until healed. If the blood flows a little (does not stream), it is compensated with a chicken, and the bleeding wound is treated (luke besalin) until it is healed. The Ngaming customary sanction is by the sanctions regulated in Islamic criminal law, where wounds on the head that bleed (al-Damiyah) and wounds on the head that do not bleed (ghair al-Damiyah) are subject to legal sanctions. For physical violence on objects other than the head and face, the penalty is to pay for medical expenses until recovery, which is not regulated in Islamic criminal law because violence on objects other than the head and face has different penalties, namely, ja’ifah wounds and non-ja’ifah wounds. The penalty for a ja’ifah wound is one-third of the diyat, while the penalty for a non-ja’ifah wound is qishash.

Sentencing of Juvenile Narcotics Offenders in the Sidoarjo District Court

Leba Max Nandoko Rohi, Tanudjaja Tanudjaja — Tue, 31 Dec 2024 00:00:00 +0800

This research aims to answer the question of the judge's considerations in deciding a narcotics criminal case involving a child at the Sidoarjo District Court. And why is a form of legal protection provided to a child found guilty of committing a narcotics crime at the Sidoarjo District Court? This study is a legal research using a statute approach and a case approach. The analysis was carried out using qualitative juridical methods. The research found that the sentencing of a child in a narcotics case at the Sidoarjo District Court, based on Decision No. 12/Pid.Sus-Anak/2021/PN.Sda, considered the violation of Article 112 (1) of the Narcotics Law, the child’s confession, witness testimony, and evidence. The judge also took into account the child's age, emotional stress from parental divorce, and applied a restorative justice approach, opting for a six-month work training at Marsudi Putra Social Welfare Institution for rehabilitation, involving family, legal counsel, and the Probation Office.

The Exploration of Human Rights from the Perspective of Development Law Theory: What and How?

Didik Suyitno, Sulaksono Sulaksono, Eny Sulistyowati, Fradhana Putra Disantara — Tue, 31 Dec 2024 00:00:00 +0800

This study analyzes human rights in legal development to ensure that fundamental human rights are not neglected. Human rights are inherent to every human being, derived from religious, moral, and noble cultural values. Everyone is part of society, consisting of individuals with fundamental rights. Human rights-based development planning becomes a benchmark in development planning so that it does not sacrifice human rights but is used as a tool to achieve goals in enforcing the right to development. However, this becomes a challenge that needs to be faced to prioritize human rights without neglecting the public interest. This study aims to develop development strategies based on the close relationship between strategies and development processes with efforts to promote respect for human rights. The study method uses a normative juridical approach. Data were collected through legal literature and legal materials, namely primary, secondary, and tertiary legal materials. The research results show that development law is important to address increasingly complex social changes and ongoing development agendas. The state must prioritize and ensure that business and development align with the fulfillment of the right to a good and healthy living environment rather than opening up space for environmental destruction. The manifestation of the legal development model is to pay attention to the human dimension as the main goal of development, which provides citizens with access to participate in decision-making in various fields of life. The law allocates greater authority to citizens for their self-realization as subjects, not objects shaped and controlled by other subjects.