Suspension of detention is regulated in Article 31 of Law no. 8 of 1981 concerningCriminal Procedure Law, which states that at the request of a suspect or defendant,an investigator or public prosecutor or judge, in accordance with their respectiveauthority, can hold a suspension of detention with or without a guarantee of moneyor a guarantee of person, based on the conditions. which is determined. Theserequirements are regulated in Article 21 paragraph (1) of the Criminal ProcedureCode or referred to as subjective requirements and Article 21 paragraph (4) KUHAPor so-called objective requirements. The subjective view carried out by the PoldaMetro Jaya investigators in suspending detention of a case (GA) is not in accordanceor continuous with Article 21 paragraph (1) of the Criminal Procedure Codeaccording to the author's subjective view. Against (GA) is charged with Article 4paragraph (1) jo. Article 29 and / or Article 8 of Law no. 44 of 2008 concerningPornography. The criminal regulation that ensnares (GA) is in the form ofimprisonment for more than five years. If seen from the objective requirements, thisis not in accordance with Article 21 paragraph (4) of the Criminal Procedure Code.Article 21 paragraph (4) of the Criminal Procedure Code states that the conditions fordetention of a suspect or defendant cannot be withdrawn, the suspect's ordefendant's relationship with a prison sentence of more than five years
An act against the material law in criminal law is that a person commits an act against the law living in society (unwritten law). So if a person's actions are not against an unwritten law, then he cannot be punished. The author wants to investigate whether the theft of loose palm oil in Lamie Village is an act against the law or not. The author's initial hypothesis is that in several plantations in Lamie Village, after harvest workers have finished harvesting palm oil where they work, there is a habit of harvesting workers choosing loose palm kernels that have fallen to the ground and then sold. The research method in this writing is through an empirical juridical approach. This research was conducted by enforcing or applying normative law into legal relationships in society. The results of the study said that all garden owners in Lamie Village with a land area of 3 ha and above allowed harvesters to take loose palm oil. So the harvester's actions are not against the unwritten law. Then, some garden owners whose land area is 3 ha and below must have prior permission from the garden owner. If the permit is given then it does not violate the unwritten law, but on the contrary if the permission is not given then the perpetrator may be subject to Article 362 of the Criminal Code concerning theft.
The position of children as legal subjects will certainly become a problem that needs to be studied in more depth. Children who physically and psychologically still need care and guidance in order to achieve perfect growth, precisely when dealing with the law will certainly experience psychological and even physical changes in a bad direction. In the case of children as legal subjects, there is a difference between Islamic law and positive law in Indonesia because of the different objectives of establishing and enforcing the law itself. To examine this problem, qualitative research methods are used with a normative juridical approach. The data collection technique was carried out using the documentation method, in which data was collected from fiqh literature and laws related to juvenile crimes, then analyzed using the content analysis method. The results of the study show that children according to Islamic law are not subject to criminal punishment because punishment in Islam is imposed on people who are mature (adults), have good sense and criminal acts are not carried out by force. However, in Islam if a child performs jarimah, a ta'zir punishment will be imposed as guidance and teaching for the child. Meanwhile, according to positive laws in Indonesia, the punishment system is different from adults.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2025 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.