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This article presents the results of an analysis of the alleged defamation case of Marissa Icha by Medina Zein. As a form of forensic linguistics study, the data in this research was analyzed descriptively-analytically using semantic and pragmatic approaches. This research found that 1) semantically, the defendants indicated that they intended to commit acts of insult and/or defamation. 2) pragmatically, the majority of these utterances fell into the form of expressive illocutions, especially to show anger or simply the personal opinion of the defendant, and thus, 3) these speeches can be said to have the potential to violate article 27 paragraph (3) of the ITE Law and articles 310 and 311 of the Criminal Code

This article presents the results of an analysis of the alleged defamation case of Marissa Icha by Medina Zein. As a form of forensic linguistics study, the data in this research was analyzed descriptively-analytically using semantic and pragmatic approaches. This research found that 1) semantically, the defendants indicated that they intended to commit acts of insult and/or defamation. 2) pragmatically, the majority of these utterances fell into the form of expressive illocutions, especially to show anger or simply the personal opinion of the defendant, and thus, 3) these speeches can be said to have the potential to violate article 27 paragraph (3) of the ITE Law and articles 310 and 311 of the Criminal Code

The Indonesian Constitutional Court in its judicial review of the Criminal Procedure Code No. 34/PUU-XI/2013 stated that Article 268 paragraph (3) regarding the limit on filing for judicial review of criminal cases is contrary to the 1945 Constitution and has no binding legal force. The Supreme Court responded to the decision by issuing Supreme Court Circular Letter No. 07/2014 which continues to limit judicial review to only one time based on the Judicial Power Act and the Supreme Court Act. Departing from regulatory dualism, this paper formulates the problem of the legal products issued by the Supreme Court and the Constitutional Court in terms of material testing of Law Number 8 of 1981 concerning the Criminal Procedure Code. This study uses normative legal research methods through a review of literature sources. Through Gustav Radbruch's Legal Theory, this study found that first, the position of the SEMA was issued even though it was in accordance with existing laws and regulations, but this decision was contrary to Gustav Radbruch's Legal Theory. Second, the legal consequences after the Constitutional Court Decision. The Supreme Court through SEMA that limits the filing of judicial review to one time is legally flawed both in terms of substance and formal formation because it contradicts the Constitutional Court Decision.

This research aims to find out what the judge's forgiveness policy (rechterlijk pardon) is in the New Criminal Code, to find out how the rechterlijk pardon formulation in the Dutch Criminal Code compares and to find out what the challenges of rechterlijk pardon (judge's forgiveness) will be in the future. The research method used is juridical-normative with a statutory approach and a case approach. The research results show that Rechterlijk Pardon puts a different concept in giving space to judges in handing down guilty decisions without criminal penalties. Before being ratified, the principle of judge forgiveness was already used in several countries, for example the Netherlands. Even judges in Indonesia have made several decisions that contain the value of the judge's forgiveness. In connection with the analysis of Rechterlijk Pardon's challenges, it is viewed from the perspective of law enforcement and legal culture in society.    

The Criminal Code is a body of laws that precisely governs how people behave in order to foster national development and alignment with state objectives, particularly for the Indonesian populace. One of the many tribes, nations, races, faiths, and civilizations that make up Indonesia is that it maintains the diversity of religious views among its citizens. There are believers of their own faiths in different parts of Indonesia, however the religions included in Presidential Determination Number 1 of 1965 are Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism. The existence of Law Number 1 of 2023 is controversial because there is legal ambiguity regarding the form and basis of sanctions against perpetrators of religious blasphemy or beliefs. As a result, their rights have not yet been granted and there is no basis for legal regulations. The study's objective is to ascertain the criminal penalties that, under Law Number 1 of 2023, are meted out to those who commit acts of religious blasphemy as well as the legal foundations for those who do so. It is possible to determine the types of criminal penalties that are given to offenders of religious blasphemy under Law Number 1 of 2023 by using a normative juridical approach.

In the second quarter of 2020, Commercial Courts in Indonesia handled 132 bankruptcy cases. In the first semester of 2020, the number of bankruptcy cases handled by the Commercial Court in Indonesia increased to 233 cases, including 43 cases handled by the Central Jakarta Commercial Court. The aim of bankruptcy is basically to provide a solution to the parties if the Debtor stops paying/is unable to pay his debts. Bankruptcy prevents/avoids unfair actions that can harm all parties, namely: avoiding execution by creditors and preventing fraud by the debtor himself. Bankruptcy is a legal institution that has an important function, namely as the realization of two important articles in the Civil Code regarding the debtor's responsibility for the obligations carried out, namely Articles 1131 and 1132. This research aims to determine the validity of the bankruptcy petition submitted by workers to the compliance company. his rights. This research uses normative juridical legal research methods. In this research, what is emphasized is the aspect of law application which is carried out integrally with morality. The research results show that a worker's bankruptcy petition is a petition submitted by workers or labor unions to the commercial court to declare the company where they work bankrupt. A worker's bankruptcy application can be filed if the company does not pay wages, allowances and other rights that should be paid to workers.

Narcotics are substances or drugs that are very useful, especially in the medical world and are needed to treat certain diseases. However, if it is misused or used not in accordance with treatment standards, it can have very detrimental consequences if accompanied by the abuse and illicit trafficking of narcotics which results in greater danger to the life and cultural values ​​of the nation which will ultimately weaken national resilience. The research method we use is a Case Study research method in which we examine a criminal defendant with methamphetamine as contained in Case Number: 1677/Pid.Sus/2023/PN Mdn, Wednesday 20 September 2023. vIn the case of a methamphetamine drug courier , two perpetrators named Saiful ag and Marzali were caught red-handed carrying 4 kilograms of methamphetamine. For their actions, the two defendants were charged under Article 114 2 of Republic of Indonesia Law Number 35 of 2009 concerning Narcotics or Article 112 Paragraph 2 of Republic of Indonesia Law Number 35 of 2009 concerning Combination Drugs. with Article 55 Paragraph 1 of the Criminal Code

This research discusses how to enforce the law against criminal acts of theft. This research is a case study research using a normative juridical approach. The normative juridical approach is a method of research carried out by studying the main legal materials such as theories, concepts, legal principles and statutory regulations related to this research. The results of the research show that the acts of theft that occurred have been carried out repeatedly so that this criminal act is a recidivist crime. The Criminal Code has regulated it and must be carried out by law enforcers who implement these regulations, as an embodiment of what is regulated in the Criminal Code. In efforts to enforce the law against criminal acts of theft, especially recidivism, it is necessary to implement the things that have been included in the statutory regulations, so that a sense of security, comfort and peace can be created in the environment and relationships within the family and social community. There are several factors that influence these crimes, including internal factors, external factors and economic factors.

The purpose of this research is to analyse the causal factors and efforts to overcome murder cases in Danga Village, Aesesa District, Nagekeo Regency. This type of research is empirical juridical, the approach that the author uses in this research is a qualitative approach. The location of this research is the Nagekeo Resort Police Office. The subjects used as researchers in this study are police officers. The data collection techniques used in this study are interviews, documentation. This research uses a type of qualitative research that produces descriptive data. The results of this study are the criminal act of premeditated murder in the case occurred due to several causative factors, such as unstable emotions, alcoholic beverages, economic factors, low levels of education, revenge factors. The existence of the application of the death penalty Article 340 of the Criminal Code against the perpetrators of the criminal act of premeditated murder which has a very serious capacity and is carried out cruelly, sadistically and truly violates the highest values of humanity. The countermeasures taken against the disclosure of murder cases are Preemtif efforts, namely socialisation, to prevent more severe crimes, the security forces conduct socialisation to the people throughout Indonesia. Furthermore, Repressive efforts are crime scene processing, the authenticity of the place that occurred at the scene of the crime. Finally, the Preventive effort is that the security forces stop the perpetrator's actions so that his behaviour is not repeated again so as not to harm many people or himself.

The determination of a suspect must be in accordance with applicable legal provisions based on 2 (two) valid pieces of evidence, namely witness statements obtained by the investigator, expert statements obtained by the investigator, letters, and instructions for each piece of evidence obtained by the investigator through an in-depth examination. The investigator's coercive actions must be carried out responsibly according to the law and legal provisions so that arbitrary actions do not occur against the suspect's freedom, independence, and human rights. The problem in this research is the law, implementation, and what factors become obstacles and obstacles in the process of determining suspects for perpetrators of criminal acts. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research. The results of this study explain that the Criminal Procedure Code (KUHAP) has clearly and firmly regulated matters relating to the rights of suspects. The rights of suspects regulated in the Criminal Procedure Code are Priority Rights for Case Settlement, this has been emphasized in Article 50 of the Criminal Procedure Code (KUHAP) which reads: a) A suspect has the right to immediately be examined by investigators, then can be submitted to the Public Prosecutor. b) The suspect has the right to immediately bring his case to court by the public prosecutor. c) The accused has the right to be tried immediately by the Court., The right to prepare a defense, the right to get an interpreter, and the right to choose their own legal adviser The purpose of this right is to get legal counsel in accordance with the provisions of Article 54 of the Criminal Procedure Code for suspects. For this reason, it is expected that in determining the suspect to have qualified investigators they pay attention to the following matters: Have general knowledge, Knowledge is quite broad, where Investigating Officers are required to have knowledge that is quite extensive, Confident in themselves. Investigating Officers must have high self-confidence, have character, be professional, understand psychology practically, be brave, honest, talented actor, wise, alert, and experienced. Courage, honesty, wisdom, and vigilance are needed in the examination process by an investigating officer. Experience Investigating officers must be experienced in order to master psychology/psychology and be able to act in acting is also very important to have.

Criminal law consists of regulations. which determines what is prohibited and what is permitted in criminal cases, and determines the punishment that can be given to people who commit them. It is easy to measure the success of Indonesia's legal reform. One of the criminal acts of theft that is often considered to occur very often is motorbike theft. Motorbikes are an important means of transportation for most Indonesian people because the price is affordable for most people with middle to lower incomes, where the increase in the number of motorized vehicles is in line with the increase in the number of crimes involving motorbikes which has led to the crime of motorbike theft. The author uses qualitative legal research with secondary data sources in this research. In this article, the research method used is the normative news method. The Police of the Republic of Indonesia have direct authority to carry out all criminal acts, including theft with violence. This is in accordance with the police's duty to maintain security and public order, protection, protection and community service, as well as law enforcement. In the law enforcement process, efforts are made to uphold functions with legal norms as guidelines for behavior in traffic or legal relations in society and the state where there are perpetrators who commit the criminal act in question, in the sense of people who, with some intention or something unintentional, as required by law, have left a consequence of climbing the law whether it is subjective elements or other elements and in article 362 of the Criminal Code it is explained that the act of taking an item which in whole or in part includes a statement by another person with the intention of possessing the item in violation of the rights.

When deciding to have a pet, of course a person cannot be separated from the risks and responsibilities for their pet. In the criminal law, article 490 of the Criminal Code explains that pet owners must be responsible for all actions caused by their animals. The results of this research show protection for dog bite victims that unlawful acts caused by animals according to criminal law in Article 359 of the Criminal Code can be held accountable to the owner of the pet dog because his mistake (negligence) caused another person to die, punishable by a maximum prison sentence of five year or a maximum imprisonment of one year. A sociological legal perspective views the effectiveness of law in society regarding unexpected negligence caused by pets, that there is still a lack of firm rules for each individual to regulate specific procedures and standards that must be met by dog pet owners. The spread of rabies to victims is due to the lack of public knowledge regarding procedures for dealing with rabies and preventive measures after the bite of a rabid animal.

The position of witnesses in the criminal justice process occupies a key position, as seen in Article 184 of the Criminal Procedure Code (hereinafter abbreviated to KUHAP). The method used is library research, collecting data by searching for sources and constructing them from various sources such as books, journals and existing research. In the criminal justice system, witnesses have not been maximally protected in a number of laws and regulations such as in the Criminal Procedure Code and in the Criminal Code, where witnesses have not received maximum attention because in the law above, almost in the articles of the Criminal Procedure Code there is not a single article that specifically regulates witness protection and almost every article in the Criminal Procedure Code and the Criminal Code, witness rights are always included with the rights of victims. The Criminal Procedure Code, which has so far been the basis for proceedings in Indonesian criminal justice, does not regulate the rights and protection of witnesses fundamentally or specifically even though there are several provisions. in the Criminal Procedure Code which regulates, regarding the rights of a witness as Article 108 paragraph (1) reads: every person who experiences, sees and witnesses and/or becomes a victim of an incident which constitutes a criminal act has the right to submit a report or complaint to the investigator or investigator either verbally or verbally. writing.

Abortion is a complex issue involving moral, legal and health considerations. Legal exceptions to abortion are a key focus in unraveling the dynamics of this complexity. Legal views and norms regarding abortion have undergone significant changes, reflecting social changes and understandings of women's reproductive rights. This study aims to analyze the regulations and legal views that define legal exceptions to abortion in Indonesia and how they relate to mitigating women's health risks. The research method involved a literature review and juridical analysis. The results show that the Health Law and Criminal Code provide exceptions for abortion under certain medical conditions, but the 40-day maximum time limit has been criticized. The role of certified health workers and constantly updated regulations play an important role. Implementation of legal exceptions remains challenging, especially in remote areas. In responding to this debate, regulations need to consider the humanitarian and psychological aspects of rape victims.

The crime of trafficking in persons (TPPO) is an extraordinary crime that must be eradicated together. Anyone can become a victim, be it men, women, even children. This study aims to find out the form of legal arrangements for children who are victims of the crime of trafficking in persons in the old Criminal Code (KUHP) and the new Criminal Code in Law Number 1 of 2023 concerning the Criminal Code. The type of research used in this research is normative legal research. The approach used in this paper is the statutory approach and the comparative approach. The results of the study show that in the latest Criminal Code there is a detailed explanation regarding the crime of trafficking in persons, which regulates corporations, regarding the act of recruiting, transporting, harboring, sending, transferring or receiving a person, through threats of violence, use of force, kidnapping, confinement , forgery, fraud, abuse of power or position of vulnerability, debt bondage, or giving payments or benefits, as well as the minimum and maximum penalties that have been categorized in Law Number 1 of 2023.

The aim of this research is to determine the application of sanctions for perpetrators of illegal levies in Spirit Mountain Village, Merdeka District, Karo Regency and to find out the obstacles in implementing sanctions for perpetrators of illegal levies in Spirit Gunung Village, Merdeka District, Karo Regency. This research is field research as supporting basic material for writing. This research uses an empirical juridical approach. The results of the research show that enforcement of the illegal quoting law in Spirit Mountain Village, Merdeka District, Karo Regency is an activity carried out because of community habits. That the practice of illegal quoting is not organized but has become a habit that is ultimately difficult to break. This habit also occurs because tourists and local residents also think this is normal. Then this act was assessed as normal by the community in the Criminal Code's view that illegal quoting practices that occur at tourist locations in the village of Lau Debuk-Debuk are prohibited. Regarding this matter, a sentence of 2 years in prison can be imposed in accordance with the mandate of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes which was amended by Law Number 20 of 1999. The Islamic Criminal Law's view of the practice of illegal quoting that occurred at a location in the Spirit Mountain Village, Merdeka District, Karo Regency is considered an act that is prohibited by Islamic criminal law. As a result, if you continue to do so, Islamic criminal law places the punishment in a ta'zir manner where the punishment follows the regulations in force in a country.

Along the times the number of crimes that occur in Indonesia is currently increasing. This crime is certainly caused by many factors whether it is from human’s self or from the rapid technology that shows the varied practices of crimes that community can imitating the pattern of crime which can be very cruel crimes such as murder accompanied by mutilation. Provisions murder or premeditated murder have been regulated in the Indonesian Criminal Code (KUHP) in book II regarding Crimes articles 338-340, if the murder is premeditated murde then the perpetrator will be threatened with a maximum sanction of the death penalty.

ABSTRAK   Tujuan dilakukan penelitian ini adalah untuk mengetahui kajian tentang tindakan aborsi apabila ditinjau dari perspektif hukum Islam serta mengetahui kajian tentang tindakan aborsi apabila ditinjau dari peraturan perundang-undangan di Indonesia. Penelitian menggunakan metode yuridis. Hasil penelitian menunjukkan bahwa kajian tentang tindakan aborsi apabila ditinjau dari perspektif hukum Islam menunjukkan bahwa tahun 2005 Majelis Ulama Indonesia mengeluarkan Fatwa MUI 4/2005 atas pertimbangan bahwa dewasa ini semakin banyak terjadi tindakan aborsi yang dilakukan oleh masyarakat tanpa memperhatikan tuntunan agama. MUI menyatakan bahwa: a) Aborsi haram hukumnya sejak terjadinya implantasi blastosis pada dinding rahim ibu (nidasi); b) Aborsi dibolehkan karena adanya uzur, baik yang bersifat darurat ataupun hajat; Aborsi yang dibolehkan karena uzur sebagaimana dimaksud pada angka 2 hanya boleh dilaksanakan di fasilitas kesehatan yang telah ditunjuk oleh pemerintah; serta d) Aborsi haram hukumnya dilakukan pada kehamilan yang terjadi akibat zina. Hasil penelitian juga menunjukkan bahwa kajian tentang tindakan aborsi apabila ditinjau dari peraturan perundang-undangan di Indonesia meunjukkan bahwa peraturan perundang-undangan di Indonesa yang mengatur tentang tindakan aborsi yakni pada Kitab Undang-undang Hukum Pidana (KUHP) dan Undang-Undang Nomor 36 tahun 2009 Tentang Kesehatan.   Kata kunci: Aborsi, Hukum Islam, Undang-Undang                                                                 ABSTRACT   The purpose of this research is to find out the study of abortion when viewed from the perspective of Islamic law and to know the study of abortion when viewed from the laws and regulations in Indonesia. The study used juridical methods. The results showed that the study of abortion when viewed from the perspective of Islamic law showed that in 2005 the Indonesian Ulema Council issued MUI Fatwa 4/2005 on the consideration that today there are more and more abortions carried out by the community without regard to religious guidance. MUI states that: a) Abortion is illegal since the implantation of blastocyst in the mother's uterine wall (nidation); b) Abortion is permissible due to old age, whether emergency or emergency; Abortions that are permitted due to old age as referred to in number 2 may only be carried out in health facilities that have been designated by the government; and d) Unlawful abortions are performed in pregnancies resulting from adultery. The results also show that the study of abortion when viewed from the laws and regulations in Indonesia shows that the laws and regulations in Indonesia that regulate the act of abortion are in the Criminal Code (KUHP) and Law Number 36 of 2009 concerning Health.   Keywords: Abortion, Islamic Law, Law

This research discusses the legal sanctions for children who kill their stepmother which occurred in Pulo Bandring District, Asahan Regency. This research will analyze the Kisaran District Court Decision Number.823/Pid.B/2019/PN.Kis, which aims 1. To find out what the provisions are for legal sanctions for children who kill their stepmother from a criminal law perspective, 2. What are the provisions for legal sanctions for children who killing his stepmother according to the perspective of Islamic criminal law, and 3. What are the legal considerations of the judge in making a decision regarding the child who killed his stepmother (Decision Study Number.823/Pid.B/2019/PN.Kis). This research uses Normative Law, which is research that examines document studies, namely using legal source materials. The results of the research in this study are: 1. A person can be said to be the perpetrator of the crime of murder and has fulfilled the elements of the crime of murder, and has been proven to have committed the crime of murder with supporting evidence, which states clearly that the person has committed the crime. criminal act of murder. 2. Not only criminal law, Islamic criminal law also regulates sanctions for perpetrators of criminal acts of murder. The crime of murder by intentionally taking another person's life in Islamic criminal law is categorized as Al-Qatlu. 3. When formulating a case, a judge must first consider the creation of fair law in society. In Decision No. 823/Pid.B/2019/PN.KIS in considering the law the judge made a decision using alternative charges. Although the alternative indictment consists of several layers, only one will be proven. Proof does not need to be carried out sequentially according to the layers, but directly to what is deemed proven. Because Article 338 of the Criminal Code has been clearly proven, based on the element of who and the element of intentionally taking another person's life, then in decision No. 823/Pid/B/2019/PN.KIS the judge decided that the defendant was caught in the second alternative charge, namely Article 338 of the Criminal Code, namely intentional murder, to which evidence was attached which was obtained at the scene of the crime. So the judge decided that the defendant was subject to imprisonment for 10 (ten) years.

The examination of witnesses regulated by Act No. 8 of 1981 on the Code of Criminal Procedure Law (hereinafter referred to as KUHAP) is a provision concerning formal criminal law. In the case No. PDM-242/JKTSL/10/2022 with the accused Ferdy Sambo (FS) and the case N. P.D.M-246/Jktsl/10/2022 with Princess Chandrwati (PC) there is an event conducted examination of witnesses jointly, becoming a material of investigation, whether such examination can be carried out simultaneously considering the witness in giving explanations must be independent. To respond to the focus of research in this research use normative jurisprudential research methods with conceptual approaches and legislative approaches. The conclusion is that the joint examination of witnesses is based on Article 172 (1) of the Convention. Accordingly, the public prosecutor or the accused or the legal counselor may prepare a witness of a qualitative nature, subject to the provisions of applicable law, so that the testimony of the witnesses may have a valid proof force. Furthermore, it is expected that the law enforcement agencies will be able to carry out witness examination procedures accurately and honestly in order to the objective of the examination in the trial, which is to material truth.