Al-Mizan (e-Journal)

Disparitas Pemidanaan dalam Tindak Pidana Korupsi yang Mengakibatkan Kerugian Keuangan Negara

Muhammad Indra Jaya, M. Said Karim, Syamsuddin Muchtar — Sun, 10 Mar 2024 00:00:00 +0000

This study aims to analyze legal factors and factors of law enforcement officials that influence the disparity in sentencing for corruption which results in state losses. The type of research used is empirical normative legal research. The results of the study show that (1) the legal factor in the presence of disparity decisions regarding corruption crimes has not been optimal because the minimum criminal sanctions in the corruption law cause disparity in sentencing which is quite disturbing due to the non-uniformity in the provision of minimum sentences for similar offenses. (2) the factor of law enforcement officials as the cause of the disparity in sentencing of corruption case decisions is very clearly seen and felt to be very unfair to each other, there is no clear guideline regarding the prevention of disparity in corruption criminal rulings so law enforcement officers exercise their power to decide similar offenses the pretext of the judicial power law.

Senjata Api sebagai Mas Kawin Pada Masyarakat Adat di Pegunungan Arfak Papua Barat

Decyana Caprina, Abrar Saleng, Nur Azisa — Sun, 10 Mar 2024 00:00:00 +0000

This study aims to analyze the validity of firearms as dowry and the legal consequences arising from the existence of Papuan customary law in the Arfak Mountains of West Papua. This research is a normative-empirical research with a statutory approach and a legal sociology approach. The types and sources of law used in this research are primary data sourced from observation, interviews, and documentation, as well as secondary data derived from literature. Furthermore, the collected data is analyzed with qualitative description. The results showed that: (1) the validity or legality of firearms as a dowry does not apply to the marriage of the mountain people of the Arfak tribe. This is because firearms can only be owned by law enforcement officers and security forces who have permission to use firearms; (2) the legal consequences of the enactment of Arfak tribal customs regarding the provision of firearms as dowry are considered valid because firearms are only a symbol in the customs of indigenous tribes and are considered to have historical values that have been passed down from generation to generation, and are not an aspect that cancels a marriage.

Perlindungan Terhadap Anak Penyandang Disabilitas Pasca Putusan Perceraian Orang Tua di Kabupaten Kolaka

Ramlia Ramlia, Ratnawati Ratnawati, Marwah Marwah — Sun, 10 Mar 2024 00:00:00 +0000

This study aims to analyse the form of protection for children with disabilities after parental divorce and the role of the government in providing protection for children with disabilities after parental divorce. This research is empirical juridical in nature with data collection techniques derived from library research and field research. The results of this study indicate that: (1) the form of protection of children with disabilities after divorce decisions in Kolaka Regency is based on the rights of children with disabilities contained in Law Number 1 of 1974 concerning Marriage and Law Number 8 of 2016 concerning Persons with Disabilities, but has not been implemented optimally in accordance with the legislation; (2) The role of the Kolaka Regency government has not been optimal in carrying out its mandate based on Kolaka Regency Regional Regulation Number 3 of 2016 concerning the Implementation of Child Protection.

Penegakan Hukum Terhadap Tindak Pidana Pencurian Hasil Hutan Bukan Kayu (Getah Pinus) di Kabupaten Tana Toraja

Duwisno Ipang Tandilese, Syamsuddin Muchtar, Hijrah Adhyanti Mirzana — Sun, 10 Mar 2024 00:00:00 +0000

This study aims to analyze law enforcement against theft of non-timber forest products (pine resin) in Tana Toraja and inhibiting factors in law enforcement. This research is normative-empirical research using a statutory approach, conceptual approach, and sociological enforcement with data sources in the form of observations, documentation, and interviews with the police, prosecutors, and judges who handle the case. The results of this study indicate that law enforcement against the crime of theft of forest products in Tana Toraja Regency substantially uses Law Number 41 of 1999 concerning Forestry, but structurally, law enforcers are still less effective in handling it. While the inhibiting factors affecting law enforcement, namely structurally, the police are still less effective in acting according to the mandate of the law, there are still unscrupulous officials who intervene in the taking of pine resin; and related facilities or facilities are not adequate in supporting the implementation of law enforcement against the crime of pine resin theft.

Pemahaman Moderasi Beragama dalam Keluarga Melalui Pendidikan Kursus Pranikah di Desa Rumpin

Fitriyani Fitriyani, Hayaturrohman Hayaturrohman, Tsabit Latief — Wed, 13 Mar 2024 00:00:00 +0000

This research aims to provide an understanding of religious moderation to prospective brides through premarital courses in Rumpin Village with a research focus on the internalisation of religious moderation values to prospective brides through educational activities, premarital counseling, and understanding of Islamic teachings in the family environment in order to form a family that is appeasement (sakinah), love (mawaddah), affection (warahmah) and has moderate religious insight. This research is a field research with a sociological approach. Data collection techniques using documentation and observation, then analysed descriptively qualitative. The results showed that bridge-to-be in Rumpin Village in the premarital education held at the Religious Affairs Office were given religious knowledge material on how to settle down through moderate perspectives and attitudes. Moreover, the premarital education course is a programme of the Ministry of Religious Affairs which is carried out before the marriage contract is held. Islamic teachings remind us of the importance of knowledge in marriage.