Justisi: Jurnal Ilmu Hukum

THE APPLICATION OF DIFFERENT CRIMINAL SANCTIONS AGAINST DRUG ABUSERS IS CONNECTED WITH ARTICLE 112 PARAGRAPH (1) OF LAW NUMBER 35 OF 2009 CONCERNING NARCOTICS

Tira Habibah — 2024-03-14

The application of different criminal sanctions or criminal disparities is the application of criminal sanctions, in this case the application of criminal sanctions that are not the same or for criminal acts whose dangerous nature can be compared without a clear basis for awarding them. The problem raised in this study is how the Judge considers in applying different criminal sanctions against narcotics abusers in decision number 203/Pid.Sus/2021/Pn.Blt and number 295/Pid.Sus/ 2021/PN.Blt and what are the factors that result in differences in the application of criminal sanctions to the two decisions above. This study uses a normative juridical approach. The results of this study are the Judge's considerations in decision number 203/Pid.Sus/2021/Pn.Blt The Judge based on the legal facts revealed at the trial that the Defendant Yamsul Arifin was an abuser for himself so that the Judge in applying criminal sanctions deviated from special minimum criminal provisions in Article 112 paragraph (1), while the Judge's consideration in decision number 295/Pid.Sus/2021/Pn.Blt that the Defendant Elysa Sadola is a trafficker so the Judge continues to apply a sentence between the minimum and maximum limits specifically in Article 112 paragraph (1) Law Number 35 of 2009 concerning Narcotics. Then the factors that result in the application of different criminal sanctions against narcotics abusers in the two decisions are differences in legal facts revealed in court, there are multiple interpretations in Article 112 paragraph (1), discretion or freedom of judges, and the absence of sentencing guidelines.

JURIDICAL REVIEW OF MARRIAGE ANNULMENT DUE TO IDENTITY FORGERY ACCORDING TO ARTICLE 27 OF LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE

Rd.N.Sayyidatussa'adah S.A — 2024-03-18

Marriage is living together of a man and a woman who meet certain conditions, a marriage can be annulled due to a violation of the prohibition, this shows the damage or cancellation of something that is prohibited because it does not meet the requirements and harmony according to the law. The issues raised in this study are how marriages are annulled as a result of identity falsification according to law number 1 of 1974 which has been amended by law number 16 of 2019 about marriage and how are the judge's considerations regarding word number 1767/Pdt.G/2017 /PA. Krw. The purpose of this research is to find out the cancellation of marriage due to falsification of identity according to law number 1 of 1974 which has been amended by law number 16 of 2019 about marriage and to find out the judge's considerations regarding word number 1767/Pdt.G/2017/PA .Krw. In this study the authors used a type of qualitative research using the Normative Juridical approach, the purpose of which was to analyze the problem by examining legal materials. The result of the author's research are in the decision 1767/Pdt.G/2017/PA.Krw. The existence of an annulment of marriage related to carrying out a marriage with identity falsification carried out by the husband and the implementation of the marriage has violated Article 27 paragraph (2) of Law Number 1 1974 which has been amended by law number 16 of 2019 about Marriage. The cancellation of the marriage itself is when a marriage that has taken place can be canceled if one of the parties does not meet the conditions set for the marriage. as a result, the marriage that was carried out immediately broke up and was considered as if it had never existed.

JURIDICAL REVIEW OF THE MARRIAGE BAN OF INDIGENOUS PEOPLES OF MIRAH VILLAGE AND GOLAN VILLAGE, SUKOREJO DISTRICT, PONOROGO REGENCY IS REVIEWED FROM LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE

Amanda Salsabila Surya — 2024-03-18

The existence of customary law is a source of law in Indonesia, to be precise in Mirah Village and Golan Village, Sukerojo District, Ponorogo District. There is a customary rule that prohibits the two villages from carrying out a marriage. the worst is death. This can be seen from the discrepancy that exists between the customary law of the Mirah people and the Golanese people and the national law, whereas in the national law there is nothing that regulates the prohibition of inter-regional marriages. This research contains identification of the problem of how in the villages of Mirah and Golan there was a prohibition on inter-regional marriages and how to analyze the juridical prohibition on marriages of the Mirah and Golan Indigenous Peoples when viewed from Law Number 1 of 1974 concerning Marriage. This research aims to determine the prohibition on marriage between Mirah village and Golan village and to find out the juridical analysis of the prohibition on marriage between Mirah village and Golan village when viewed from Law Number 1 of 1974 concerning Marriage. This research method uses the Normative Juridical research type. Research Results The prohibition on marriage between Mirah and Golan villages occurs because there is an oath from the ancestors which is still adhered to today and has become a legal rule for both communities and that in Law Number 1 of 1974 Article 6 and Article 8 letter F includes the rules related to the ban on marriage that occurred in the villages of Mirah and Golan.

THE JURIDICAL REVIEW OF INTERFAITH MARRIAGE IS LINKED TO LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE AS AMENDED BY LAW NUMBER 16 OF 2019 CONCERNING MARRIAGE

Adinda Silvia Febrianty — 2024-03-18

Indonesia is known for its diverse cultural customs that have been embedded from their previous ancestors and different religions and beliefs. Of course, each has different rules. Similar to marriage, the variety of religions and streams of belief in Indonesia does not rule out the possibility of interfaith marriage. Interfaith marriages are marriages performed by people of different religions or different beliefs. The issues raised in this study are how the validity of interfaith marriage according to Law Number 1 of 1974 concerning Marriage has been amended by Law Number 16 of 2019 concerning Marriage and how the judge's consideration in granting requests for different religions in the study of decision number 916 / Pdt.P / 2022 / PN. Sby. The purpose of this study is to determine the validity of interfaith marriage according to Law Number 1 of 1974 concerning Marriage and to find out the judge's consideration in granting an interfaith marriage request in the study of decision Number 916/Pdt.P/2022/PN. Sby. This research is a type of qualitative research that uses a normative juridical approach method, namely the approach of research by researching and reviewing the object of research through literature study. The author's conclusion to the decision is that there is an imbalance or inconsistency with Law Number 1 of 1974 concerning Marriage, that in article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage states that marriage is valid, if it is carried out according to the laws of each religion and belief.

JURIDICAL REVIEW OF THE WITHDRAWAL OF PARENTAL GRANTS TO THEIR CHILDREN IS REVIEWED BY THE COMPILATION OF ISLAMIC LAW (KHI)

Banny Abdillah — 2024-03-18

A grant defined as a gift to the possession of goods without remuneration or an agreement by which the grantor in his lifetime freely and irrevocably, delivers something for the purposes of the grantee who accepts the surrender. The issue raised in this study is How the judge considers case number 89./Pdt.G/2019/PA. TALU and what distinguishes the withdrawal of grants according to the compilation of Islamic law (KHI) with the Civil Code. In this study, the author uses a type of qualitative research using the normative juridical approach method, the intention is to analyze the problem, carried out by reviewing legal materials. The results of the study are in decision number 89./Pdt.G/2019/PA. TALU obtained in this study is that there is a voluntary grant of land to his child and then the grant is withdrawn by the grantor, the withdrawal of the grant that has been given according to article 212 (KHI) that the grant cannot be withdrawn except for the parents' grant to their child. In the compilation of Islamic Law limits the possibility of withdrawal of grants, unless it involves parents giving grants to their children, According to the Civil Code the withdrawal of grants can be made by expressing intention to the grantee and filing demands for the return of the goods that have been granted. These two legal systems provide different bases in the context of grantmaking.

Legal Protection Against a Mother Who Has Baby Bluess

Atasa Tarisah — 2024-03-21

Postpartum mothers who suffer from baby blues syndrome may abuse their biological children. Baby blues syndrome is a form of mental disorder. The chronology, mental condition, evidence and results of forensic psychiatry in a case of abuse by a perpetrator who suffers from a mental disorder are very important considerations and determine whether or not the perpetrator can be punished. This is considering that apart from the Criminal Code, regulations regarding legal accountability for perpetrators of mental disorders are also regulated in Law of the Republic of Indonesia Number 36 of 2009 concerning Health (UU Health) and Law of the Republic of Indonesia Number 18 of 2014 concerning Mental Health (UU Mental Health ). This research also explores the form of legal responsibility for the perpetrator. This research methodology uses normative juridical, with a statutory regulation approach and a case approach. Data collection was obtained using the data analysis method in the form of descriptive qualitative analysis of secondary data. The results of the research show that perpetrators suffering from baby blues syndrome when committing abuse cannot be punished due to forgiving reasons based on Article 44 paragraph (1) of the Criminal Code which is an exception for mental disabilities for the mental disorders they suffer from. Criminal liability certainly cannot be imposed on the perpetrator. The form of legal responsibility is carrying out rehabilitation as well as efforts to cure it, as well as carrying out education regarding the mental illness suffered.