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Dita Melati Putri

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

In Law Number 1 of 2023 or the New Criminal Code, the death penalty is regulated as an extreme punishment for serious crimes with a stricter approach. Article 67 of the New Criminal Code states that the death penalty is no longer the main punishment, but the last alternative after a ten-year probation period. This study uses a normative method with two categories of legal sources: primary legal materials, namely laws that regulate the death penalty, and secondary legal materials, which explain and interpret primary laws. The debate on the death penalty involves two main currents of thought: retensionists, who favor the application to serious crimes, and abolitionists, who reject it because of human rights concerns and the risk of judicial wrongdoing. Criticism of the death penalty includes the issue of the right to life and its effectiveness in reducing crime rates, especially in corruption and narcotics cases. In this study, it was found that the New Criminal Code tries to balance the retributive and rehabilitative aspects by providing an opportunity for remorse before the application of the penalty, describing Indonesia's legal efforts to maintain the death penalty with a more selective and strict application.

Samsul Rijal Sahir

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research discusses that the application of discretion often causes problems. However, on the one hand, discretion is also helpful for the Police in carrying out the investigation and investigation process so that they can quickly solve a problem that arises in the field. Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia was born to try to put discretion into the practice of criminal law. The Criminal Procedure Code describes how discretion is applied, but the measure of the application of discretion, whether this discretion is better to exist or not, the value of discretion applied in Indonesia, and how we can exercise discretion. It has yet to be answered, and it is often a problem in the field because it seems arbitrary; for this reason, it is necessary to revise Law Number 2 of 2002 concerning the Police, which explains what discretion is and how it is applied. The research method used is normative legal research, which traces the legal literature linked to the discretionary concept approach presented by Hart.

Yudi Pranoto Atmojo; Hamdan Azhar Siregar

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Sexual relations do not only occur between different genders, but can also occur between individuals of the same sex. This problem in Indonesia often causes differences of opinion between those who support and those who oppose. It is undeniable that in the military environment there are also deviations in sexual orientation carried out by the perpetrator who is a TNI soldier in the verdict of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020. Finding, analyzing, and explaining the viewpoint of military law on the existence of LGBT in the military environment was the goal of the study. The ruling of the Military Court II-08 Jakarta Number 212-K / PM II-08AD / XI / 2020 clarifies the criminal culpability of TNI soldiers who engage in Lesbian, Gay, Bisexual, and Transgender (LGBT) actions. Legal theory, criminal responsibility theory, and the theory of legal certainty are the frameworks utilized. Normative juridical research is the methodology employed. Based on the findings of this study, the military's official stance on the presence of LGBT individuals in the military has been firmly established by highlighting the ban on LGBT individuals as stated in the TNI Commander's Telegram Letter Number ST/398/2009. As stated in Telegram Letter Number ST/1648/2019 from the TNI Commander, LGBT is one of the behaviors that soldiers are not to engage in since it goes against official orders or is not in line with soldier life norms. Furthermore, it is highlighted in the Supreme Court Circular (SEMA) Number 10 of 2020, in letter D number 1, that disobeying the TNI Commander's Telegram Letter Number ST/398/2009 dated July 22, 2009 and the TNI Commander's Telegram Letter Number ST/1648/2019 dated October 22, 2019, which forbid TNI soldiers from engaging in immoral acts with members of the same sex (Homosexual/Lesbian), can be seen as a violation of official orders under the provisions of Article 103 Paragraph (1) of the Criminal Code. In accordance with the processes or mechanisms for resolving LGBT crimes guided by Law Number 31 of 1997 concerning Military Justice, TNI soldiers found guilty of LGBT acts in the Jakarta Military Court II-08 Number 212-K/PM II-08AD/XI/2020 will face prosecution, sentencing, and criminal penalties in accordance with the specific legal regulations based on Military Criminal Law.

Mansyur Naseh Husein; Helvis Helvis

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Traditional massage parlors have changed dramatically. Several traditional massage parlors in Indonesia have been in the spotlight in recent years due to the covert prostitution practices that occur in these places. This practice involves sexual services offered as part of traditional massage services, and it has become a serious problem affecting various aspects of society. The problem discussed is how the practice of covert prostitution in traditional massage parlors in Indonesia cannot be fully criminalized under Articles 296 & 506 of the Criminal Code and how criminal law is enforced against the practice of prostitution in covert massage parlors in Indonesia. The aim of this research is to analyze the practice of covert prostitution in traditional massage parlors in Indonesia which cannot yet be fully criminalized under Articles 296 & 506 of the Criminal Code and analyze criminal law enforcement against the practice of prostitution in covert massage parlors in Indonesia. The theories used in this thesis are law enforcement theory and legal certainty theory. The research method was carried out using a statutory approach which was carried out by examining all laws and regulations relating to the legal issues being handled as well as approaching cases that occurred in the practice of disguised prostitution in massage parlor activities. Problems in the Effectiveness of implementing Articles 296 and 506 of the Criminal Code in law enforcement against prostitution in massage parlors is very dependent on the joint efforts of various parties, availability of resources, and commitment to crack down on this crime consistently and fairly. According to the author, criminal law enforcement against the practice of prostitution in hidden massage parlors in Indonesia currently does not yet have full legal certainty in the application of Articles 296 and 506 of the Criminal Code and related laws. Furthermore, related to the law enforcement factor which is less than optimal, according to the author, the legal system in the crime of prostitution does not work properly, especially related to the legal culture of individual officers who have not made efforts to enforce the law. The suggestions in the research are the need for cooperation between the government, community sponsored organizations (NGO ),child protection institutions and civil society in dealing with the problem of prostitution and improving the legal culture or culture where there must be a mental improvement of government officials and law enforcement officials so that there are no more unscrupulous individuals playing in law enforcement efforts against hidden massage parlors under the guise of prostitution.

Raja Zailani; Dahlan Dahlan; Sayid Fadhil; Erniyanti Erniyanti; Soerya Respationo

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The background of this study is the high number of terrorism cases in Indonesia that require strict law enforcement measures but must still respect human rights. Legal protection for suspects in the investigation process is crucial to ensure a fair legal process and in accordance with human rights standards regulated in various laws and regulations, including the Criminal Procedure Code, Law No. 5 of 2018, the 1945 Constitution, and Law No. 39 of 1999.The purpose of this study is to analyze the implementation of legal protection for suspects of terrorism crimes in the Riau Islands Police area, identify obstacles faced in implementing this protection, and formulate solutions to overcome these obstacles. The research method used is the empirical legal method, with a qualitative approach involving data collection through interviews, observations, and document studies.The results of the study indicate that the implementation of legal protection for suspects in the Riau Islands Police area is still less than optimal. The main obstacles identified include abuse of authority by law enforcement officers, lack of resources and capacity, and social stigma and discrimination against suspects. Abuse of authority often occurs in the form of unprocedural arrests and detentions, while limited resources result in a lack of adequate equipment and training for officers. Social stigma worsens the situation by hindering fair and humane legal protection. Based on the results of the study, it is recommended that supervision and accountability for the actions of law enforcement officers be strengthened, training and capacity building for officers be carried out continuously, and anti-stigma education and campaigns be carried out for the community. These steps are expected to increase the effectiveness of human rights protection for suspects, so that the process of investigating terrorism crimes can be carried out more fairly and in accordance with the principles of law and justice.  

Ahmad Zulqarnain Hasibuan; Syaiful Asmi Hasibuan

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Knowing how legal remedies are in the use of social media, social media has become a phenomenal and inseparable need for the Indonesian people. Some of the features possessed by social media include uploading statuses, sharing news pages, chatting, audiovisual communication and other features. Even though all people's behavior on social media platforms has been regulated by law, criminal acts as cybercrime still occur. Cybercrime is an unusual form of crime, in fact this crime can not only harm society, but can cause losses, and the peak can even destroy a country. This information age is often referred to as the digital revolution through technological developments and the development of communication tools. The internet is an information and communication technology that is most often encountered in human activities. The internet is one for surfing in cyberspace without any restrictions, a network that is very easy to access. The Criminal Procedure Code (KUHAP) and the Law on Information and Electronic Transactions (UU ITE), namely Law Number 19 of 2016 Amendments to Law Number 11 of 2008 have been applied to cyber crime.

Mars Akbar Aziz Prakoso; Mirza Elmy Safira; Budi Handayani

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Article 28 I of the Constitution of the Republic of Indonesia mandates that every citizen has the right and everyone has the right to be free from discriminatory treatment and entitled to protection thereof. Many people believe that only women can be victims of harassment. Women and men are both potential victims and the effects they get are the same. MS as a victim of sexual harassment in KPI wrote an open letter on social media about the sexual harassment that happened to her. The open letter then went viral and many social media users began to harass the personal lives of these perpetrators. From here, the perpetrators reported back to MS with allegations of defamation. The incident became the author's background in writing this research by applying normative juridical research methods, namely research that focuses on positive law or the practice of applying norms or rules in legislation. According to Article 310 paragraph (3) of the Criminal Code states that it cannot be punished if the accusation is carried out as a form of defending public interests or defending oneself. While what is known today, MS who tells her condition after being harassed on social media is an attempt to defend herself and reveal the truth.    

Khairuddin Hasibuan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The renewal of the Criminal Procedure Code (KUHAP) through the Draft Law (RUU) KUHAP opens up space for in-depth philosophical reflection on the relationship between law, justice, and humanity. This article examines the challenges of harmonizing the principle of due process of law, which emphasizes respect for individual rights in every legal process, with the criminal justice system, which is oriented towards efficiency and the purpose of punishment. This harmony is not only a technical and normative matter, but also a matter of shared understanding of what is meant by justice in the context of a more humane and human rights-based criminal justice system. Using a philosophical legal perspective, this article explores the potential for conflict and convergence between the two principles, and seeks common ground within the framework of Pancasila legal values ​​and Islamic law that prioritize humanity, substantive justice, and a balance between individual rights and the public interest. The renewal of the RUU KUHAP, in this context, is not merely a structural change, but a journey towards a legal system that guarantees the depth of justice, which is not only seen from a procedural perspective, but also from the moral and social essence of the law itself.

Nindya Septica Andari

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the juridical protection provided by the government to victims of illegal online investment crimes as regulated in Article 378 of the Criminal Code (KUHP) and Article 28 paragraph (1) of Law Number 19 of 2016 concerning Amendments to the Law Number 11 of 2008 concerning Information and Electronic Transactions. Apart from that, the provisions on criminal acts of gambling regulated in Article 303 bis Paragraph (1) of the Criminal Code are also used as a reference in this research. This research analyzes the typology of victims and the factors that cause illegal investments both online and conventional. Based on this analysis, researchers identified three types of factors that influence victims of illegal investment, namely Latent or Predisposed Victims (victims influenced by economic factors), Participating Victims (victims with low education), and False Victims (victims due to consumer behavior). In this context, researchers recommend the need for more detailed legal updates regarding online investment regulations. This update aims to strengthen the protection of the rights of investors and society as a whole, so that they feel more confident and safe in making investments. With more comprehensive regulations, the government can provide better protection for victims of illegal investment crimes and prevent illegal practices that harm society.

Fransiskus Nomor; Ida Bagus Anggapurana Pidada; Kadek Fredi Andrika Adnantara

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Perpetrators and parties related to misuse of social media in general elections, such as spreading fake news or hoaxes and spreading hate speech, may be subject to criminal sanctions as stated in the provisions of the article of the law. The method used in preparing this research is normative juridical with a conceptual approach and a statutory approach, especially the  ITE Law, the Criminal Code to further examine law enforcement regarding the misuse of social media in building public opinion in the 2024 General Election (Pemilu).In practice, Law concerning Information and Electronic Transactions itself is still not effective because it is seen as tending to limit freedom of expression and bias in its implementation. There are no standard standards for determining activities that can be considered misuse of social media. Law Number 7 of 2017 concerning General Elections does not regulate the anticipation of misuse of social media in general elections using a repressive approach or imposing criminal sanctions.

Sahril Fadillah; Heni Siswanto; Fristia Berdian Tamza; Ahmad Irzal Fardiansyah; Maya Shafira

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Assault is an intentional act that causes pain or injury to another person's body. So it can be interpreted that abuse is a form of criminal act. Based on the explanation of Article 351 paragraph (1) of the Criminal Code, it is emphasized that abuse that causes the victim to suffer serious injuries is carried out by a person against another person, even against objects, even though a person must be responsible for his actions. Criminal responsibility is intended to determine whether a suspect/defendant is responsible for a crime that occurred or not. What are the inhibiting factors in criminal liability for perpetrators of abuse which resulted in serious injuries to two victims based on Decision Number: 659/Pid.B/2019/PN.Tjk and what is criminal liability for perpetrators of criminal acts of abuse which resulted in serious injuries to two victims? Data analysis uses qualitative data analysis. The inhibiting factors in criminal accountability for perpetrators of abuse which resulted in serious injuries to two victims based on Decision Number: 659/Pid.B/2019/PN.Tjk are the legal factors themselves, law enforcement factors, means and facilities factors, community factors and cultural factors , community factors and law enforcement officers. Criminal liability for the perpetrator of the criminal act of abuse which resulted in serious injuries to two victims in Decision Number: 659/Pid.B/2019/PN.Tjk has met the value of criminal liability in accordance with the provisions of the actus because the defendant has committed an act that is prohibited as stated in it. in the Criminal Code.

Yuliana Yuliana; Ismail Ismail; Puguh Aji Hari Setiawan

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the liability of notaries for authentic deeds under the UUJN. While the UUJN does not specifically regulate criminal sanctions for notaries, the Criminal Code can be applied. Violations by notaries can lead to lawsuits against the Ministry of Law and Human Rights. The UUJN regulates the guidance and supervision of notaries by the Notary Supervisory Council and MKN. The primary focus of this research is the final decision of the Regional Notary Supervisory Council regarding administrative sanctions as outlined in Article 73 of the UUJN. The research methodology employed is a normative juridical legal research approach. The legal materials utilized in this research include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research indicate that the legal protection efforts of the community, particularly those who feel harmed by notaries in the context of notarial acts that indicate criminal acts, are carried out through a form of reactive protection, namely the filing of complaints with the Notary Supervisory Panel. The evidence presented to the Regional Notary Supervisory Panel, the district courts in civil cases for compensation and law enforcement officials (Police) in criminal cases, demonstrates the existence of evidence that can be used to support claims of criminal acts by Notaries. However, the Decision of the Regional Notary Supervisory Panel only imposes Administrative Decisions on Notaries who indicate criminal acts with verbal or written warnings.

Muslim Muslim; H. Abdul Razak Nasution

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Talking about victims of crime in general, of course, victims are individuals. In a criminal act, the victim is the party who is harmed by the perpetrator of the crime, both materially and immaterially. This greatly affects the psychological condition of the victim, not to mention the complicated judicial process that makes the victim a very disadvantaged party to the laws and regulations under it.  The position of victims in the practice of criminal procedure law is relatively less considered because the provisions of Indonesian law still rely on protection for the perpetrator (offender oriented). Normative legal research is in the form of library research and written documents as data sourced from secondary data including primary legal materials, secondary legal materials and tertiary legal materials. The nature of this research is descriptive analysis.  The data obtained in this research will be analyzed qualitatively in accordance with the specifications of the nature of the research to examine between theory and practice in legal protection of victims of criminal acts. To solve the existing problems and then draw a conclusion by utilizing the data collected through interviews and document studies, the results of this study were first analyzed using qualitative analysis. The Criminal Code (KUHP) has implicitly provided protection for victims of crime with all efforts to fulfill rights and provide assistance to provide security to victims who must be implemented by the Witness and Victim Protection Agency (LPSK) or other institutions in accordance with the provisions. As it is known that the KUHAP is not too optimal because there are more victims like the position of the perpetrator which results in a legal vacuum, and in the context of protecting victims of crime, there are preventive and repressive efforts made, both by the community and the government (through law enforcement officials). Another thing that is noted that in the Law on Witness and Victim Protection is the absence of coercive efforts regarding compensation from the perpetrator to the victim, namely not regulating the payment of compensation from the perpetrator to the witness or victim, even though the victim as a witness who is harmed by someone's unlawful actions, but is not protected.

Juni Sukarta; Muhamad Fathur Rahman Bey Husdi; Heni Widiyani

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The Latin word "corruption" comes from the words "korruptus" and "corruption", which means "bad, depraved, deviant from morals, insulting words, or slanderous. Corruption, according to the Black Law Dictionary, is defined as an action carried out with the aim of obtaining several benefits which are contrary to duties and other official truths: "an act from an official or trusted person who unlawfully and wrongly uses a number of advantages for himself or another person which is contrary to his duties and other truths". Eradication of Corruption Crimes Number 31 of 1999, which was later changed to Law Number 20 of 2001, shows that the government is committed to eliminating criminal acts of corruption. The author uses standard methods in writing this journal to describe the problems discussed: Law Enforcement in Criminal Cases Corruption of the Natuna Regency NGO Non-Governmental Organization Forkot (Case Study Decision Number 28/Pid.sus-TPK/2023/PN Tpg). They use data from various reading sources, such as statutory regulations, books, and the same decisions. The criminal act of corruption committed by Forkot NGO Natuna, led by Wan Sofian Telang, violates Article 11 of Law Number 20 2001 concerning amendments to law number 31 of 1999 concerning the eradication of criminal acts of corruption in conjunction with article 15 and article 56 1 of the Criminal Procedure Code.

Rindy Baruadi; Moh. Rusdiyanto U. Puluhulawa; Vifi Swarianata

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine criminal acts of fraud with the motive of counterfeiting Qris Barcodes in terms of the aspect of prevention through the Indonesian Criminal Law. This research is normative research which is analyzed descriptively, using a law and case approach. The results of the research are that regulations regarding criminal acts of fraud are generally regulated in Article 378 of the Criminal Code, and to strengthen the legal basis it can be accommodated through Article 35 of Law Number 19 of 2016 concerning Information and Electronic Transactions. As a special law, the ITE Law is at least a guideline and legal basis for members of the public in carrying out activities in the online world. Overcoming the occurrence of criminal acts of online fraud is carried out with preventive (non-penal) and repressive (penal) efforts. Repressive efforts in this case are regulated based on Article 35 of the ITE Law and Article 378 of the Criminal Code. Meanwhile, preventive efforts are carried out by taking precautions so that criminal acts of online fraud can be minimized without applying criminal law, but rather by carrying out preventive efforts before the criminal act occurs, such as improving the community's economy, socializing to the public how to use the internet properly and the characteristics of electronic transaction-based criminal acts of fraud.

Ismaidar Ismaidar; T. Riza Zarzani; Ongku Sapna Fella Hasibuan

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Korganization in nation building is very significant. Corporations can be said to be pillars of the nation's economy. Corporations are very influential not only on economic aspects, but also social, political and other aspects. As time goes by, crimes committed by corporations arise. The Criminal Code which does not recognize corporations as legal subjects opens up opportunities for individuals to take advantage of this legal loophole. The regulations governing corporate responsibility currently in effect are considered less effective and efficient. Provisions that clearly regulate "corporate criminal liability" are still at the Draft Criminal Code stage. Based on the research results, it was found that the corporate responsibility system has several doctrines or theories in determining responsibility. These theories include "identification doctrine, aggregation doctrine, reactive corporate fault, strict liability and vicarious liability." This research aims to increase knowledge regarding criminal responsibility by corporations. This research supports the immediate ratification of the Draft Criminal Code as an answer to legal problems regarding criminal acts committed by corporations. The method used in this research is normative juridical, with data collection techniques namely literature study. The data obtained in this research comes from writings or scientific works in the form of books, journals, dissertations and other literature.      

Siti Masyithah; Moh. R. U. Puluhulawa; Nuvazria Achir

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The research results show that perpetrators of criminal acts of dating violence in the jurisdiction of the Gorontalo City Police are subject to criminal liability as regulated in Article 351 of the Criminal Code as simple assault or Article 466 of the Law of the Republic of Indonesia Number 1 of 2023 concerning the Code of Laws. Criminal law as the latest Criminal Code. So the perpetrator commits a violation of norms that is against the law. Factors that cause violence in dating in the Gorontalo City Police jurisdiction are: personality factors, violence in dating can be caused by the personality of the perpetrator himself; the factor of the victim being dependent on his partner, the victim being dependent on the perpetrator, the perpetrator naturally feels that whatever the perpetrator does will still be forgiven by the victim even if it is an act of violence; the influence of the family environment, when children witness aggression perpetrated by their parents, this can increase the likelihood of dating violence perpetrated by that individual; social influence, that being friends with friends who are often involved in violence can increase the risk of being involved in violence because there is the influence of social characteristics and motivation to commit violence itself; The influence of the place where violence occurs, the environment where violence occurs, which is mostly carried out in closed and quiet places, is a driving factor for this violence to continue to occur because the situation and conditions allow for violence to occur and the factor of gender inequality, violence in dating where the victims are more women, this is related to socio-cultural aspects that instill gender roles that differentiate men and women.

Siska Yulia Chandra Eyato; Nur Mohamad Kasim; Sri Nanang Meiske Kamba

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the legal implications of debt collection via social media. This research is normative research with a conceptual approach, which is analyzed descriptively qualitatively. The results of the research show that the legal implications of debt collection from an agreement as fulfillment of performance are viewed from article 1365 of the Civil Code, every act that violates the law and brings loss to another person, requires the person who caused the loss through his fault to compensate for the loss, giving meaning in principle in debt and receivable agreement that has been agreed, if the agreement cannot be implemented by one of the parties then an unlawful act has occurred. In fact, debt collection via social media is not a violation as long as it does not lead to defamation of the debtor. There is a difference between unlawful acts in the context of criminal law and unlawful acts in the context of civil law, namely that more emphasis is placed on the differences in the nature of criminal law which is public in nature and civil law which is private in nature.

Nur’ Ain Tomayahu; Suwitno Yutye Imran; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Legislation regarding judicial examination procedures requires forensic experts, article 133 of the Criminal Procedure Code paragraph (1), explains that in the case of an investigator for the purposes of justice regarding a victim who has been injured, poisoned or died allegedly because of an incident which constitutes a criminal act, the judiciary has the authority to submit a request expert information. In medical experts, justice and other experts. Why do you need a forensic doctor? Because it is impossible for investigators, judges, prosecutors to know all the knowledge in the field of medicine which will later be used to deal with criminal cases related to the human body, for example: violence, murder, suicide. With this, the authorities will ask for help from a doctor as an expert witness, the doctor's testimony as an expert witness, the doctor's testimony is regulated by law. In handling murder cases, a forensic autopsy is needed which will provide clear information regarding criminal cases. Accordingly, a forensic autopsy will produce tools that can be used as evidence in deciding a case by a judge. With a forensic autopsy, the cause of a person's death will be known. Therefore, an autopsy is very much needed in the investigation of criminal acts of murder and during the trial process. This research aims to understand the process of proving the criminal act of murder in the Gorontalo District Court with case number 61/PID.B/2023/PN.GTO. and the use of autopsy evidence in the process of proving this research is analyzed normatively, namely research that analyzes the reciprocal relationship between legal facts and social facts which can be seen as independent variables and social facts as dependent variables. murder that was not accompanied by an autopsy.

Supanto Supanto; Sauzan Vidya Rastratama Mitra; Indriya Ramadhan; Debrio Daffa Abroor; Kanez Pravangastha +1 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The threat of sexual violence in Indonesia, which is getting worse day by day, has become an urgency for all levels of society in Indonesia. Inappropriate legal interpretations in society often raise big question marks about the protection of victims of sexual violence. Therefore, how is forced defense (noodwear) implemented as a reason for abolition of criminal penalties in Indonesia? At the same time, how is Article 49 paragraph (1) of the Criminal Code applied to crimes of morality? To solve this problem, it is not only the government that must intervene. However, people must also have self-defense, for example through practical self-defense movements that can protect themselves, but do not kill the perpetrator so that the victim does not go too far in defending himself. How to implement practical self-defense movements in an effort to protect victims of sexual violence? This is the problem we will examine to provide a solution. In this way, it is hoped that this effort will be able to produce an in-depth study regarding the protection of victims of sexual violence and how to apply practical self-defense to protect themselves when victims experience an act of sexual violence.