Compendium of Judge Made Law is a scientific journal that focuses on comparative and conceptual studies of legal decisions made by judges (judge-made law). This journal is present as an academic space to critically analyze how jurisprudence develops, is applied, and is compared across jurisdictions, both in terms of legal arguments, principles, and the construction of judges' thoughts through legal research methods using a case approach or case study. Published twice a year, this journal is a forum for academics, researchers, and legal practitioners who want to explore the depth of judicial thought and strengthen progressive legal discourse through an analytical approach to court decisions. This spirit encourages the development of dynamic and reflective law, Compendium of Judge-Made Law invites contributions of scientific articles that prioritize originality, relevance, and depth in analyzing legal practices and theories that live through judges' decisions.
Faculty of Law, Universitas Muslim Indonesia
Criminalization of Pornography: Assessing the Limits of “Intent” in Indonesian Criminal Law
The criminalization of pornography in Indonesian criminal law raises significant interpretative challenges, particularly in determining the boundaries of intent (dolus) and criminal liability in the digital era. This study aims to analyze the legal qualification of the act of intentionally creating pornographic content and to examine the extent of criminal responsibility when such content is disseminated without the direct intent or control of the creator. Employing a normative juridical method with a case approach, this research focuses on Decision Number 51/Pid.B/2021/PN.Mgn as an empirical basis for analysis. The findings reveal that the application of law in such cases tends to emphasize the fulfillment of actus reus while insufficiently examining the element of mens rea, particularly the intent to distribute or make the content accessible to the public. The case demonstrates that the defendant’s intent was limited to private recording, whereas the dissemination occurred due to third-party intervention. This condition raises critical issues regarding causality, where the concept of novus actus interveniens should be considered as a factor that breaks the chain of criminal liability. The study also identifies a tendency toward overcriminalization, resulting from a formalistic interpretation of legal provisions without adequate consideration of context, proportionality, and individual fault. This research contributes to the existing literature by offering a novel perspective on the reinterpretation of intent in pornography-related offenses, particularly in situations involving loss of digital control. It argues for a more contextual and substantive approach in assessing criminal liability, distinguishing clearly between private acts and public consequences. The study recommends legislative reform to clarify the boundaries between the creation and dissemination of pornographic content, as well as the development of judicial guidelines to ensure consistent and proportionate law enforcement in the digital age.
Copyright (c) 1970 Muwafiq Zaid https://creativecommons.org/licenses/by-sa/4.0
This study aims to determine and analyze the forms of contempt that can be categorized as contempt of court in the legal perspective in Indonesia. To determine and analyze the legal basis that regulates contempt of court in the legal system in Indonesia. This study uses the research method used is the Normative research method, namely a legal research method that is sourced from regulatory and secondary document data in the form of collection from library and tertiary materials which are documents containing concepts and information such as dictionaries. The results of this study indicate that 1) Contempt of court is a form of violation of the honor, dignity, and authority of the court, whether carried out inside or outside the courtroom, which can hinder the judicial process and damage public confidence in the judicial system. Enforcement of contempt of court is important to protect the authority and dignity of the judicial institution, so that the court can carry out its judicial functions fairly, without pressure or interference from any party. This act can be a real action or a statement delivered inside or outside the court that can affect the course of the trial or legal process. The act of contempt of court is regulated in statutory regulations, 2) although there are no rules that specifically regulate it, several articles in the Criminal Code regulate the issue of contempt of court such as articles 207, 217, 224 and so on. This research recommendation states that there is a need for more stringent and detailed regulations in the law regarding contempt of court, so that there is legal certainty in taking action against violations of the dignity and authority of the court.
Copyright (c) 2025 Muhammad Iqbal Zul Abdi, Andi Istiqlal Assaad, Andi Cakra Cindrapole https://creativecommons.org/licenses/by-sa/4.0
Distribution of Inheritance According to Mawaris Islamic Jurisprudence Law in the Compilation of Islamic Law
Abstract: The application of the reverse burden of proof in gratification cases within corruption offenses is a pivotal legal instrument in Indonesia’s anti-corruption strategy, yet its effectiveness remains subject to both theoretical debate and practical challenges. While this mechanism normatively grants defendants the opportunity to prove that the gratification received is unrelated to their official position, there is a notable research gap in examining how judicial reasoning determines the success or failure of such proof in court proceedings. This study employs a normative juridical method with a case study approach, focusing on court decisions that implement the reverse burden of proof. The analysis centers on the construction of judicial arguments in assessing the evidence and statements presented by the defendant. The findings reveal that the defendant failed to convince the panel of judges that the gratification in question was beyond the scope of their authority, highlighting the substantial evidentiary burden borne by defendants. These results underscore the necessity for a comprehensive understanding of both substantive and procedural legal aspects in reverse proof mechanisms, while contributing to the broader discourse on the development of criminal procedural law in corruption cases in Indonesia.
Copyright (c) 2025 Muhammad Adam Surya Raya, Salmawati Salmawati, Mursyid Mursyid https://creativecommons.org/licenses/by-sa/4.0
Judicial Considerations in the Rejection of Conservatoir Beslag in Land Disputes
Abstract: This study examines the urgency of legal protection in resolving land disputes by analyzing judicial considerations and the fulfillment of requirements for the issuance of conservatoir beslag in a court judgment at the appellate level. Land disputes constitute a significant issue as they relate to the certainty of rights, the potential for prolonged conflict, and the vulnerability of communities to document misuse or unlawful possession. The central problems addressed in this research are how judges consider and determine rulings in land dispute cases and whether the requirements for conservatoir beslag have been fulfilled in the case under review. The study employs a normative legal approach to examine relevant legal materials and identify the structure of judicial reasoning. The analysis shows that the judge’s decision is grounded in the principles of justice, legal certainty, and the protection of lawful land rights by assessing valid ownership evidence, the legal standing of the parties, and the relevance of prior decisions that confirm unlawful acts committed by the defendant. The issuance of conservatoir beslag is considered to have met its foundational requirements, supported by sufficient preliminary evidence, a clearly identified disputed object, and reasonable concern over potential transfer of the object that could disadvantage the rightful party. The findings highlight the pivotal role of judges in maintaining the status quo of disputed objects to prevent further harm and strengthen legal protection for legitimate owners. This study recommends enhancing public legal education and strengthening inter-institutional coordination to support the effectiveness of preventive measures in land dispute cases.
Copyright (c) 2025 Moh Rafli Darussalam, Dwi Handayani, Sri Amlinawaty A.Muin https://creativecommons.org/licenses/by-sa/4.0
Reverse Proof System In Gratification In Criminal Acts Of Corruption
This study aims to examine the application of the reversal of the burden of proof in gratification-related corruption cases, using Decision No. 45/Pid.Sus-TPK/2021/PN Mks as a case study. In the context of Indonesian law, the reversal of the burden of proof is a legal mechanism that enables defendants to demonstrate that the gratuities received are not connected to acts of corruption. This research adopts a normative juridical method combined with a case study approach to analyze how judges interpret and implement the reversal of proof provisions as stipulated in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption. The findings indicate that the panel of judges concluded the defendant failed to prove that the received gratuities were unrelated to their official position or authority. Consequently, the reversed burden of proof did not exonerate the defendant from legal accountability. These results highlight the inherent challenges defendants face in fulfilling the evidentiary burden and underscore the necessity for a comprehensive understanding of both substantive and procedural aspects of law in the application of reversed proof mechanisms. This research is expected to contribute to the development of criminal procedural law, particularly in corruption cases in Indonesia.
Copyright (c) 2025 Muh Rifaldy Palorongi Hamid, Nurul Qamar, Hardianto Djanggih https://creativecommons.org/licenses/by-sa/4.0
The Dilemma of Law Enforcement in Determining Suspects in Online Gambling Site Promotion Cases: A Case Study at the South Sulawesi Regional Police
This study aims to identify and analyze the obstacles faced by the police in determining suspects in cases involving the promotion of online gambling sites through information technology. This research employs an empirical legal research method, which examines the application of legal norms based on real conditions in the field. Data were collected through interviews, observations, and a literature review of primary and secondary legal materials. The study was conducted at the Regional Police of South Sulawesi (Polda Sulsel).The results indicate that the legal procedure for determining suspects in online gambling promotion cases at Polda Sulawesi Selatan involves several stages: investigation, inquiry, collection of valid evidence, and witness examination. Once at least two sufficient pieces of evidence are obtained in accordance with the Indonesian Criminal Procedure Code (KUHAP), the investigator formally determines the perpetrator as a suspect. Law enforcement is carried out carefully, as offenders often disguise their digital identities using fake accounts, virtual private networks (VPNs), and proxy servers. The main challenges faced by the police include difficulties in tracing perpetrators’ identities due to digital obfuscation, limited access to encrypted communication data, and the lack of public participation in reporting online gambling promotion activities. These findings highlight the importance of improving investigators’ technical capacity and strengthening inter-agency cooperation, particularly with the Ministry of Communication and Informatics and digital platform providers, to enhance the effectiveness of law enforcement against cybercrime based on information technology.
Copyright (c) 2025 Muhammad Agung Hidayah, La Ode Husen, M. Azham Ilham https://creativecommons.org/licenses/by-sa/4.0
The Death Penalty from the Perspective of Criminal Law and Islamic Law: A Comparative Study in Indonesia
Abstract: This study aims to analyze the application of the death penalty from the perspective of Indonesian criminal law and Islamic law. The study was conducted to identify common ground and principal differences between the two in upholding justice and protecting human values. The method used was normative legal research with a statutory and conceptual approach, sourced from primary, secondary, and tertiary legal sources through literature review. The results indicate that in Indonesian criminal law, the application of the death penalty is intended for crimes deemed beyond the bounds of humanity, such as drug abuse, terrorism, premeditated murder, and serious assault resulting in a cruel death. Meanwhile, in Islamic law, the death penalty (qisash) is imposed on perpetrators of intentional murder, adultery (muhshan), robbery (hirabah), rebellion (bughat), and apostasy. Islamic Sharia places the death penalty as an instrument of justice aimed at preserving life, social order, and human dignity. This study recommends that the implementation of the death penalty in Indonesia be accompanied by a clear time limit at each stage of the legal process to avoid legal uncertainty. In addition, interpretation of Islamic legal texts needs to be done contextually so that they are relevant to the development of modern legal systems and human values.
Copyright (c) 2025 Agus Alim Yusuf Alim, Nasrullah Arsyad, St Ulfah https://creativecommons.org/licenses/by-sa/4.0
Criminal Acts of Sexual Harassment in the City of Makassar from a Criminological Perspective
This study aims to examine the factors contributing to the occurrence of sexual harassment crimes in Makassar City and to analyze the efforts undertaken for their prevention and control. The research employs an empirical approach, with the research location at the South Sulawesi Regional Police (Polda Sulsel). The types and sources of data consist of primary, secondary, and tertiary data, which were collected through interviews and documentation. The collected data were subsequently analyzed using qualitative analysis. The findings indicate that the factors contributing to sexual harassment crimes in Makassar City include environmental factors, peer association factors, and economic factors. Preventive and control measures implemented by the South Sulawesi Regional Police involve firm law enforcement accompanied by public education and legal literacy programs related to sexual harassment, as well as legal awareness campaigns addressing its forms, impacts, and legal consequences. In terms of countermeasures, efforts include the provision of legal protection, medical assistance, and social rehabilitation for victims of sexual harassment. Based on these findings, this study recommends that law enforcement officers be provided with gender- and victim-sensitive training to ensure professional, empathetic, and fair handling of sexual harassment cases without blaming or marginalizing victims. Furthermore, the police are encouraged to develop more accessible reporting mechanisms, such as dedicated hotlines or mobile-based applications, to enable victims to report incidents safely while ensuring confidentiality.
Copyright (c) 2026 Fajran, Nur Fadhillah Mappaselleng, Asriati Asriati https://creativecommons.org/licenses/by-sa/4.0
Legal Responsibility of Coal Mining Companies for Environmental Damage in Lappariaja District, Bone Regency
This paper aims to: (1) To determine the role of law in supervising coal mining activities in Lappariaja sub-district, Bone Regency; (2) To determine the legal responsibility of coal mining companies for environmental damage caused in Lappariaja sub-district, Bone Regency. This paper uses a descriptive empirical legal research method. This approach was chosen because it is able to provide a comprehensive picture of the phenomenon of anarchic behavior of funeral escorts on the highway, especially in the context of the application of criminal law and the factors causing it. The results of the paper show that the Legal Regulations in Supervising Coal Mining are contained in Government Regulation No. 55 of 2010 concerning the guidance and supervision of the implementation of the management and implementation of mineral and coal mining businesses. Article 13 states that: the minister supervises the implementation of mining business management carried out by the Provincial Government and Regency/City Government in accordance with their authority. The Minister, Governor/Regent/Mayor in accordance with their authority supervise the implementation of mining business activities carried out by holders of IUP, IPR or IUPK. The Legal Responsibility of Coal Mining Companies for Environmental Damage caused is: Criminal Legal Responsibility, Civil Legal Responsibility and Administrative Responsibility. Writing recommendations: (1) for the government, it is hoped that in issuing permits for mining businesses, they should conduct case studies regarding environmental impact analysis (AMDAL); (2) For mining companies, it is hoped that they will manage waste responsibly and carry out reforestation and greening in former mining areas.
Copyright (c) 2025 Muhammad Afian Hatta, Nurul Qamar, Syamsul Alam https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Criminal Liability for Identity Falsification by the Fiduciary Grantor
This research aims to determine and analyze the qualifications of the criminal act of identity forgery in a fiduciary agreement and to determine the legal considerations of the judge in making a decision in the case of Decision No. 1097 / Pid.sus / 2019 / PN. Mks. This research was conducted with a normative legal research type that uses secondary legal materials or is a study by taking several books, journals or references related to the research. The results of this study indicate that (1) The qualifications of the criminal act of identity forgery in a fiduciary guarantee agreement are the requirements that must be met in order to be categorized as a crime. Forgery is the act of replacing a letter or document carried out by an individual or group of individuals. The act of forgery is a crime characterized by a framework of falsehood or fraud against an object. Fraud is an act carried out intentionally to deceive or manipulate others for personal or group interests. Thus in this case or case No. 1097 / Pid.Sus / 2019 / PN. Mks certainly meets the requirements as a criminal act. (2) Legal analysis of the judge's decision in case No. 1097/Pid.Sus/2019/PN. Mks Regarding Identity Forgery in Fiduciary Guarantees is that the defendant has fulfilled the elements of Article 263 paragraph (1) of the Criminal Code and the elements of Article 36 of Law No. 42 of 1999 Concerning Fiduciary Guarantees. The recommendation of this study is that as law enforcement officers in determining the qualifications of criminal acts, they must be more careful in finding the elements of their actions, whether the action is a criminal act (criminal law) or a civil act (civil law) so as not to make a mistake in prosecution, and as the owner of the fiduciary object guarantee or in this case companies engaged in the fiduciary sector to be more detailed and careful when agreeing to provide fiduciary objects so that it does not happen again as in the case explained above.
Criminal liability, Identity Forgery, Fiduciary
Copyright (c) 2025 Irma Ramadani H. Nuntung, Hambali Thalib, Dian Eka Pusvita Asiz https://creativecommons.org/licenses/by-sa/4.0
Child Criminalization (Case Study of Decision No. 1270/pid.B/2022/PN.Maros)
This research aims to analyze the process of criminalizing children and actions against delinquent children at the Maros District Court, as well as the obstacles faced in its implementation. The research method used was qualitative with interview and documentation techniques at the Maros District Court and the Maros Class II State Detention Center. The research results reveal that the implementation of Law no. 11 of 2012 Juncto Law no. 3 of 1979 concerning the Juvenile Court in Maros Prison has considered the statements of witnesses and victims in the criminal sentencing process. Punishment is generally imposed on children who commit crimes, except serious crimes, by considering negotiations and alternative sanctions. This opinion is generally held by juvenile court judges and greatly influences decision making. As a country that is legally bound by the UN Convention on the Rights of the Child, Indonesia is obliged to protect children who are in conflict with the law. Law no. 11 of 2012 Juncto Law no. 3 of 1979 concerning Children's Courts is expected to be a control in law enforcement that protects children's rights.
Copyright (c) 2025 Muhammad Ashadul, Muhammad Fauzi Ramadhan, Airlangga Putera https://creativecommons.org/licenses/by-sa/4.0
Justice Collaborator In Disclosure Action Criminal Corruption
This study aims to determine and analyze the strength of the evidence of justice collaborators in disclosing corruption, and to determine the role of Justice Collaborators in disclosing Corruption. This study uses a normative research method using a library approach as the main source, such as library research. Descriptive data analysis techniques. The results of this study indicate the strength of evidence by Justice Collaborators as witnesses in corruption in disclosing corruption cases requires witnesses and evidence, effective case resolution indicates the seriousness of law enforcement officers in working together to uncover corruption. The important role of justice collaborators in uncovering corruption crimes is to provide crucial information and assist law enforcement officers in identifying perpetrators, as well as facilitating investigators and public prosecutors in finding facts in criminal cases in helping to uncover and ease the evidence process. The recommendation in this study is to provide awards or incentives for justice collaborators in providing significant information in uncovering corruption cases. Meanwhile, the regulation of justice collaborators is not clearly regulated in the regulations so that in making ideas regarding the regulation of protection for justice collaborators regarding prevention or disclosure of corruption crimes in the future, as well as related to how to impose sentences, clarity of requirements in the form of procedures and security for a justice collaborator.
Copyright (c) 2025 Fahmi Fauzi Amiruddin, Nur Fadhilah Mappaselleng , Syamsul Alam https://creativecommons.org/licenses/by-sa/4.0
Analysis Legal Action Criminal Forgery Marriage Without Permission Wife First
This research aims to analyze the legal framework of Indonesian positive law regarding the criminal act of marriage falsification without the first wife's consent and evaluate the judicial considerations in Decision Number 374 K/Pid/2011. The research method used is normative juridical, utilizing statutory, comparative, and conceptual approaches. Data sources include primary legal materials such as legislation and court decisions, and secondary legal materials from literature and previous research. The findings indicate that marriage falsification without the first wife's consent violates Article 279 of the Indonesian Criminal Code (KUHP) and may also fall under Article 263 regarding document forgery. From an Islamic law perspective, polygamy is permitted but requires justice and the first wife's consent. Decision Number 374 K/Pid/2011 highlights judicial considerations regarding the criminal elements and the impact on victims. This study recommends harmonizing positive law and Islamic law to ensure better legal certainty and strengthening polygamy regulations to prevent similar violations in the future.
Copyright (c) 2025 Selviana Nasruddin, Dachran Bustamin, Andi Darmawansya Tenriliweng https://creativecommons.org/licenses/by-sa/4.0
Legal Analysis of Handling Action Criminal Corruption in Village Fund Management
This study aims to determine the system of handling cases of corruption of village funds at the District Attorney of Gowa Regency and what factors influence the handling of corruption of village funds at the District Attorney of Gowa Regency. This research uses empirical research methods conducted at the District Attorney of Gowa Regency. Primary and secondary data were obtained using various data collection methods, including interviews, and literature reviews conducted as part of the field study. The author will write a research report by clearly presenting the research findings, which will be drawn from descriptive and qualitative analysis of the data collected. The results of this study indicate that the case handling system for corruption of village funds at the District Attorney of Gowa Regency is considered to be quite optimal in handling corruption cases in Gowa Regency, although sometimes there are still obstacles in the process of handling this case, but the court is able to overcome them and influencing factors in the handling of corruption of village funds at the District Attorney of Gowa Regency, namely the lack of ability of village officials in handling finances, regulatory factors related to regulations governing villages, and community factors such as lack of supervision in the management of village funds. It is hoped that through regular training for village officials on financial governance, applicable regulations, and the preparation of transparent and accountable accountability reports, it can improve the understanding of village officials in carrying out their duties and it is hoped that the strengthening of internal supervision by APIP and community involvement in external supervision can increase the effectiveness of supervision of village fund management. In addition, it is expected that the development of a reporting system that is easily accessible and provides protection to reporters, can strengthen transparency and prevent misuse of village funds. With a good reporting mechanism, it is expected to create a more accountable and open system for the community.
Copyright (c) 2025 Muhammad Ikram Alfareza, Nurul Qamar, Mursyid Mursyid https://creativecommons.org/licenses/by-sa/4.0
Desertion in Time of Peace Against Soldier Indonesian National Army
This writing aims to: (1) To find out and analyze the qualifications of the crime of desertion in military criminal law. (2) To find out and analyze the judge's considerations in Decision No: 135-K / PM.III-16 / AD / X / 2022. The type of research used is normative legal research, a process to find a rule, legal principles, or legal doctrines. The results of the writing show that the Qualification of the Crime of Desertion in the Criminal Code is Article 87 paragraph (1) 2 of the Criminal Code, where the qualifications are First, Military; Second, Intentionally; Third, Carrying out absence without permission; fourth, In times of peace; and Fifth, Longer than thirty days. The judge's considerations in imposing a criminal sentence on the defendant include mitigating and aggravating considerations. There are three mitigating considerations from the judge: The defendant is frank and admits his mistakes. This is based on the judge's considerations which are of a legal nature, namely the defendant's statement. The defendant is still young and has never been convicted. This is based on the judge's considerations which are non-juridical, namely the Defendant's condition. The Defendant returned to the Unit by surrendering himself to Denpom Parepare. The Defendant's actions can affect the disciplinary development of other soldiers in the unit. Based on the judge's considerations which are juridical, namely witness statements. Writing recommendations: (1) For members of the Military to increase awareness and understanding of the importance of military discipline and responsibility and improve communication between superiors and subordinates. (2) For policy makers and decision makers to hold education and training programs to provide awareness and responsibility to members of the Military and to conduct periodic evaluations and monitoring of members of the Military.
Copyright (c) 2025 Muhammad Ash Shiddik Azhari, Hambali Thalib, Muhammad Rustan https://creativecommons.org/licenses/by-sa/4.0
Criminal Responsibility Of Influencers Who Promote Online Gambling On Social Media
This research aims to find out and analyse the Criminal Responsibility of Influencers Who Promote Online Gambling on Social MediaThis research is carried out using the Normative research method, also called doctrinal law research, which is often conceptualised as what is written in laws and regulations or laws are conceptualized as rules or norms that are benchmarks for human behaviour that are considered appropriate.The results of this study show that (1) in terms of online gambling, this mode shows how flexible online gambling activities are carried out. The mode of promoting online gambling has certainly been regulated in Article 27 paragraph (2) jo. Article 45 paragraph (2) of the ITE Law explains that any person who intentionally and without the right to distribute, transmit, and/or make accessible electronic information and/or electronic documents that have the content of gambling as referred to in Section 27 paragraph (2) shall be sentenced to a maximum prison sentence of 10 (ten) years and/or a maximum fine of Rp 10,000,000,000.00 (ten billion rupiah). (2) Legal regulations regarding criminal liability for influencers who promote online gambling are expressly regulated in Law No. 11 of 2008 (UU ITE), Article 27 paragraph 2 of the ITE Law becomes the main legal basis that prohibits all forms of distribution, transmission, or provision of access to electronic information loaded with online gambling.
Copyright (c) 2025 Muhammad Irfan Amnan, Miftahul Jannah, Moch Andry Wikra Wardhana https://creativecommons.org/licenses/by-sa/4.0
Forced Defense (Noodweer) in Sexual Violence Crimes
This study aims to determine and analyze whether the application of criminal law from the perpetrator of forced defense in decision no. 1 / Pid.Sus-Anak / 2020 / PN Kpn.This study uses a Normative research method, namely discussing the legal materials that have been obtained by referring to the existing theoretical basis.The results of this study indicate the results of the judge's decision that the legal fact was not revealed that the defendant committed his actions under duress to defend himself or others as regulated in Article 49 of the Criminal Code and the defendant was charged with Article 351 Paragraph 3 of the Criminal Code.The recommendation of this study refers to the consideration of the judge as a law enforcer, to pay more attention to everyone who carries out a forced defense, in the event of a criminal act, the perpetrator of the forced defense can bravely explain the actual incident to the person concerned, namely the police as law enforcer for the actions committed.
Copyright (c) 2025 Andi Nurwiratma Akzanti, Mulyati Pawennei, Andi Cakra Cindrapole https://creativecommons.org/licenses/by-sa/4.0
Review Legal To Comments on Social Media Containing Element Harassment and Assault Psychics in Maros City
This research aims to find out and analyze the qualifications for commenting on social media which contain elements of harassment and psychological attacks in criminal acts, knowing and analyzing the judge's legal considerations in deciding case No.14/Pid.Sus/2023/Pn. Mrs. This research was conducted in Makassar City. The research location is the Library of the Faculty of Law, Indonesian Muslim University. This writing was carried out by conducting a literature study in which the author studied by prioritizing the theories that are currently being applied while at the same time obtaining documents or data related to the problem in the author's writing which was then processed and presented descriptively by the author. The results of this research show that in qualifying comments In social media that contains elements of harassment, it is classified as an attack on honor or good name. Based on the Decision of the Panel of Judges No.14/Pid.Sus/2023/Pn.Mrs, the defendant has been proven to have committed the crime of Defamation. After the author examines the decision, the author is of the view and/or opinion that the decision of the panel of judges is appropriate and in accordance with the law because in fact, the elements of the article in which the defendant is accused meet the elements that the author has described.
Copyright (c) 2025 Andi Muhammad Adriansyah, Azkari Razak, M. Azham Ilham https://creativecommons.org/licenses/by-sa/4.0
Implementation of the Land Dispute Peace Agreement Mediated by the National Land Agency of Jayapura Regency
The National Land Agency (BPN) as a government agency has been given authority by laws and regulations in the field of land in resolving land disputes or conflicts. The Process of Resolving Land Disputes and Conflicts according to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 11 of 2016 BPN as a mediator in resolving land disputes Settlement of Land Disputes and Conflicts in this ministerial regulation is also carried out based on 2 things, namely the initiative of the ministry and public complaints Dispute resolution, in this case civil disputes can be carried out either conventionally through the courts (litigation) or through alternative dispute resolution mechanisms outside the courts (non-litigation). peace outside the courts is the basis for handling land dispute resolution by BPN through mediation.
Copyright (c) 2025 Yosafat Siolemba, Muslim Muslim, Zonita Zirhani Rumalean https://creativecommons.org/licenses/by-sa/4.0
Application Of Primum Remedium Principle in Corruption Criminal Acts In Decision (Number 46/Pid.Sus.TPK/2024/PN Mks)
This study aims to find out two things, namely the first to find out the legal considerations of the Panel of Judges in applying the primum remedium principle in decision Number 46 / Pid.Sus.TPK / 2024 / PN Mks and the second to find out the application of the Primum Remedium Principle in Corruption Crimes in Decision Case Number 46 / Pid.Sus.TPK / 2024 / PN Mks has met the legal objectives. The method in this study is to use normative legal research, the type of research is carried out by studying the laws and regulations in society related to the problems that the author is studying. The results of the study revealed that the legal considerations by the Panel of Judges in decision number 46 / Pid.SUS.TPK / 2024 / PN.Mks, have applied the primum remedium principle by imposing imprisonment and additional compensation in the form of compensation commensurate with state losses. Although this case meets the requirements for applying a restorative justice approach because the value of state losses is relatively small. Apart from this controversy, the Judge's considerations in the decision are in accordance with applicable legal regulations. ²The application of the primum remedium principle in Decision Number 46/Pid.Sus.TPK/2024/PN Mks has attempted to fulfill the three objectives of the law, namely the aspect of justice, the aspect of legal certainty, and the aspect of benefit. However, in the decision, the Panel of Judges prioritized legal certainty over justice and benefit. This can be seen from the decision to impose a 1-year prison sentence and a replacement fee of IDR 50,000,000, which shows the firmness in the application of the sentence. However, in terms of justice and benefit, there is still room for improvement, especially related to the impact of prevention and deterrent effects on future corruption crimes. The recommendation or suggestion given by the author is that the prosecutor's office in this decision needs to review the application of the SE Attorney General for Special Crimes Number B1113/F/Fd.1/05/2010 for corruption cases with small state losses, by considering the efficiency of case handling costs and the effectiveness of recovering state losses. For the Panel of Judges in handing down a verdict on corruption crimes, it is best to consider the balance between the three aspects of legal objectives (justice, legal certainty, and benefit) to achieve maximum deterrent effect.
Copyright (c) 2025 Budhi Wirayudha, Lauddin Marsuni, Andi Istiqlal Assaad https://creativecommons.org/licenses/by-sa/4.0