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Nency Ayu Lianawati

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

Technological advances in all fields always have an impact on society in a nation. Likewise for the Indonesian people. One of the population problems facing the Indonesian nation today is the social behavior of the younger generation, which today is very free. In fact, they will be the next generation of the nation's ideals. This research method was carried out using a statute approach and a conceptual approach containing descriptions of theories, findings and other research materials obtained from reference materials to serve as a basis for research activities. This approach is also known as the literature approach, the judge's consideration in imposing a crime on abortion committed by the defendant is based on the legal basis used by the judge, namely Article 77 A of the Republic of Indonesia Law No. 35 of 2014 concerning the stipulation of government regulations in lieu of Law No. 1 of 2016 concerning the second amendment to Republic of Indonesia Law no. 23 of 2002 concerning child protection became law in conjunction with Article 55 Paragraph 1 to 1 of the Criminal Code. The Panel of Judges in deciding this case looked at the facts at trial and declared the Defendant legally and convincingly guilty of committing a criminal act "participating in committing an act with intentionally carrying out an abortion on a child who is still in the womb for reasons and procedures that are not justified by the provisions of the laws and regulations, based on the judge's considerations, namely the public prosecutor's indictment, witness statements, defendant's statements, evidence, and articles in criminal law regulations. , as well as positive legal considerations, namely the reasons why the defendant committed the act and the consequences of the defendant's actions.

Rizky Fauzi Ardian

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Law is a guide for people in living their lives so that they are directed and avoid negative behavior. Freedom of expression, including criticism of the government, is often considered an insulting act that can result in legal action. This research aims to determine the limits of the criminal provisions for insulting the President and Vice President in the reform of criminal law (Law number 1 of 2023 concerning the Criminal Code) in Indonesia as well as analyze the provisions regarding insulting the President and Vice President who have the potential to threaten press freedom. The method used in this research is normative law, namely examining aspects of legal policy through studying the documents of Law number 1 of 2023 concerning the Criminal Code. The results of this research show that criminal law regulations regarding insulting authorities and state/government institutions, especially the President and Vice President, have developed over time. Constitutional Court (MK) decisions have an important role in establishing clear boundaries regarding expression and criticism of authorities and state/government institutions. Criticism of the performance of executive agencies can be a means of increasing government transparency and accountability. However, regulations governing insults against authorities and state/government institutions must pay attention to democratic principles and human rights.

Angelline Putri Permatasari; Aris Prio Agus Santoso

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

The criminalization of cohabitation is a phenomenon that was recently appointed as a criminal offense in the Draft Criminal Code. Cohabitation, also known as "samen leven" or "living in nonmatrimonial union", refers to the act of living together outside of legal marriage. In this analysis, researchers focus on ethical, moral and legal aspects related to the criminalization of cohabitation. This research also examines how the criminalization of cohabitation can be seen as a step in the criminal law reform process which aims to encourage criminal law reform and meet the needs of the times. In this research, researchers also consider how the criminalization of cohabitation can affect the dynamics of Indonesian society and how Indonesian society sets regulations for themselves and for the benefit of the society concerned. This research method uses a normative legal approach and secondary data collection. The results of this research are that the act of cohabitation must be included in a container with clearer regulations, and the act of cohabitation in Indonesia is an act that is prohibited by all religions.

Athiifah Hanum; Atiikah Hanum; Dewi Hariyanti

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

General elections in Indonesia uphold the principles of equality and justice for all voters and election participants. Every individual has the same right to vote and be elected without discrimination and free from the intervention of any party. The holding of elections is not free from various violations, which are divided into Criminal Elections or Elections, namely criminal acts regulated in law and threatened with criminal sanctions, violations of the code of ethics of election organizers or elections, namely violations of the norms and ethics that apply to election organizers, Administrative violations, namely violations of the technical rules for holding elections. In order to maintain the purity of elections that are essential for democracy, lawmakers categorize a number of fraud in elections as criminal acts. The Election Law not only regulates the procedures for conducting elections, but also prohibits various actions that can undermine the nature of free and fair elections, and imposes penalties for perpetrators. The type of research in this study is normative legal research, which is a research method that focuses on written legal norms.

Josep Linsaner Diadema; I Dewa Gede Dana Sugama

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to examine how mediation is used in defamation cases that involve social media. With a normative legal perspective, this study employs a descriptive qualitative methodology. In order to analyze the phenomena and draw conclusions, this study's analysis technique involves looking at phenomena through the lens of already-existing library sources. The study's findings demonstrate how efforts to resolve criminal cases through non-litigation methods such as penal mediation can stifle efforts to resolve cases legally, leading to the imposition of criminal penalties. Keeping in mind that the goal of updating Indonesia's national criminal code is not just to exact revenge or retaliation (retributivism), but rather to resolve or repair the effects of a conflict or crime. In addition, penal mediation as a means of settling cases outside the court (non-litigation) can be a solution to overcoming the problem of overcapacity that is commonly experienced by correctional institutions in Indonesia.

Yadika Fredera Sebayang; Abdul Razak Nasution

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

The correctional system aims to restore prisoners, especially women prisoners, as good citizens, and also aims to protect the community against the possibility of criminal acts by prisoners, especially women prisoners. As well as an application and an integral part of the values contained in Pancasila. From some of the possibilities that occur, the government changed the role to the Correctional Institution, meaning that the convicts are placed together and the placement process and activities according to the schedule since the convict entered the institution, in addition to the length of serving the sentence. Although this institution is not directly related to law enforcement, it plays a major role in creating public order in legal life. This research is focused on literature studies or document studies because this research is mostly carried out on secondary data and Primary Data as a trap, the data to be obtained in this study were collected by means of library research (Library Research) The library material referred to consists of primary legal materials, namely related legislation in accordance with the Criminal Code. The research specification used is descriptive analysis, namely describing the results of research with data that is also complete and as detailed as possible. Description is intended for primary, secondary and tertiary data related to legal certainty about the rights of women prisoners in Lubuk Pakam correctional institutions legislation and theories that have been relevant. The presence of Class IIB Lubuk Pakam Correctional Facility is expected to be able to provide good and appropriate guidance to prisoners and provide information to the public about the implementation of inmate guidance in detention centres through mass media and newspapers or other means in accordance with the intention of changing the public's view of prisoners, that prisoners can return to society without discrimination. The implementation of women prisoners' development in Lubuk Pakam Penitentiary contains several procedures starting from the reception of prisoners, registration to the next stage of the implementation of prisoners' development. In the implementation stage itself consists of stages, namely the initial stage of teaching prisoners to have religious and legal awareness, the advanced stage which gives direction to prisoners to always display their talents and skills so that when in the Penitentiary, prisoners have positive activities to do.

Billy Sachio; Noor Saptanti

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

This study describes and examines the issue of the legal responsibility of online gambling promoters to people who lose due to influencers, considering the situation and conditions that are in need, of course, people will be tempted to obtain instant wealth. This study aims as an effort so that victims get proportionate attention in fulfilling their rights as victims to apply for restitution against online gambling influencers who advertise by providing false or untrue reviews. This research is a normative legal research that is perscriptive. Secondary data types include primary and secondary legal materials. The technique of collecting legal materials is carried out by literature study, then the analytical technique used is the deductive method. The results of this study show that victims can hold criminal and civil liability contained in Article 27 paragraph (2) jo. Article 45 paragraph (3) of Law number 1 of 2024 concerning online gambling, Law, Law 8 of 1999 concerning Consumer Protection, Article 1365 of the Civil Code concerning PMH, Article 1320 of the Civil Code concerning the legal terms of the agreement, and the Witness and Victim Protection Agency (LPSK).    

Vinsensius Naiaki; Orpa Ganefo Manuain; Heryanto Amalo

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Children are the nation's assets as the successors of the nation's founders to make the country a developed country. As the nation's successors, children must receive comprehensive and massive protection. In the Child Protection Law, it is stated that children need special protection in various situations. For children who are in conflict with the law, the State provides legitimacy in the hope of changing children's behavior and the involvement of many parties in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System or later known as the SPPA Law. The case taken by the author is a case where it is explained that a child in conflict with the law is a recidivist or has committed a repeat crime. Child recidivism is basically the same as recidivism in general, the difference is that the perpetrator here is a child. Repetition of criminal acts here means criminal acts committed by children, whether similar or dissimilar criminal acts, including criminal acts completed through diversion. It is explained that the case written is a case of repetition of criminal acts or recidivism committed by children of criminals. The legal process for the criminal act of abuse committed by Rui Vicente alias Aroni's child no longer takes the diversion route because the perpetrator's child is a recidivist. In this regard, child perpetrators are being processed in court by holding trials which are charged under Article 351 paragraph (1) of the Indonesian Criminal Code. UU no. 11 of 2012 concerning the Juvenile Criminal Justice System.

Ryan Perdana Simamora; Rahul Ardian Fikri

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

The State of Indonesia is a state of law, which means that all legal regulations in force in the State of Indonesia must be obeyed by citizens and state administrators. However, in fact, there are still many legal regulations that are violated by citizens and state administrators, such as in cases of corruption. Corruption in Indonesia is very rampant from year to year. Therefore, it is necessary to enforce the law on corruption in order to realize upholding the rule of law, upholding justice and realizing peace in society. However, it is very worrying, it turns out that the law enforcement of corruption in Indonesia is classified as very weak. This can be seen from the fact that there are still many lawmakers or law enforcers themselves who commit acts of corruption. The formulation of regulations regarding criminal acts of corruption is a long process that has been going on since the issuance of Law Number 1 of 1946 concerning Criminal Law Regulations on February 26, 1946 which made the legal basis for changing Wetboek van Strafrecht voor Netherlands Indie to Wetboek van Strafrecht (WvS), which later known as the Criminal Code. Until now, the regulations regarding criminal acts of corruption are still undergoing changes, with the latest amendments being through Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes and Law Number 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption , 2003 (United Nations Convention Against Corruption, 2003). From the long journey of formulating regulations regarding criminal acts of corruption, it turns out that legal loopholes are still found, especially in the regulation regarding criminal acts of corruption, bribery and gratuities.

Zalfa Kamelia Rona Afsila

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to determine the criminal liability of a Notary who makes an authentic deed based on false information in the Semarang District Court decision Number 773/Pid.B/2021/PN Smg and knows the legal consequences of an authentic deed based on false information. This research uses normative legal research methods or can be called literature law research. This study examines a rule of law, legal principles, and legal doctrines associated with Semarang District Court Decision Number 773/Pid.B/2021/PN Smg to answer the legal issues faced. The types of legal materials used include primary legal materials and secondary legal materials. Meanwhile, the technique of collecting legal materials uses literature study techniques by collecting and reviewing the contents of legal materials in the form of books, laws and regulations, legal journals, legal articles, and previous research related to the problems to be researched and the data analysis techniques used are qualitative data analysis with document analysis methods, namely reviewing the Semarang District Court Decision Number 773 / Pid.B / 2021 / PN Smg with reference to the legislation relevant. The results showed that the Panel of Judges based on Semarang District Court Decision Number 773/Pid.B/2021/PN Smg in imposing criminal sanctions against Notaries who commit the crime of forgery of authentic deeds is based on the Criminal Code (KUHP). This is because the Notary Office Law (UUJN) is not specifically regulated regarding criminal sanctions. The legal consequence of an authentic deed based on false information is that it does not automatically become null and void. The annulment of an authentic deed becomes the authority of the civil judge. The mechanism for cancellation of a deed is by a party who submits a lawsuit for cancellation to the court

Yoaclino De Vedruna Ximenes; Adrianus Djara Dima; Deddy R. Ch. Manafe

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Children are a trust and gift from the Almighty God in whom the honor and dignity of being a complete human being is inherent. Every child has dignity that should be upheld and every child born must receive their rights without the child asking. It's time for the wrong paradigm that thinks children have no rights and must always obey their parents. One of the problems of violence against children is sexual violence which is the focus of this research. The cases of violence that occur are one of the weaknesses in legal protection and protection of the human rights of children who are victims, even though it is the children who must be protected. Children's rights have been expressly stated in the constitution, that the state guarantees every child the right to survival, growth and development and the right to protection from violence and discrimination. The best interests of children need to be respected, as the best interests for the survival of humanity. So that everyone always tries to ensure that children do not become victims of violence, or children fall into committing evil acts or other disgraceful acts. In general, criminal law was born to regulate and organize community life in order to create and maintain public order. Thus, before using crime as a tool/sanction, it is necessary to understand the tool itself. The Criminal Code as the parent or main source of criminal law has detailed the types of crimes, as formulated in article 10 of the Criminal Code. The research results show that the legal process in Malacca Regency is running as the law should, while the research results regarding child protection are not running or being implemented as well as possible due to the lack of legal assistance in the form of safe houses for women and children, psychologists and so on. Lack of direct support from the government itself in handling cases that occur. It is only limited to outreach to residents regarding the impacts and things that should be done to achieve harmony within the families of Malacca Regency itself.

Sutan Fachrezy Damanik; Anwar Sadat

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

This thesis aims to find out the prevention of defamation laws according to the law and Islamic law in the city of Medan. Data collection in this study was carried out by means of literature studies and interviews.  In this study, legal data were qualitatively analyzed rules and techniques to satisfy the researcher's curiosity in a juridical symptom or a way to find the truth and acquire knowledge. The results showed that the Application of defamation rules in Article 310-318 of the Criminal Code and ITE Law No. 19 of 2016 amends Law no. 11 of 2008 in handling defamation, in writing, verbally, and hate speech on social media against perpetrators tend to be repressive (use of power outside the corridors of the law). The contribution of law enforcement of criminal defamation by the police to the criminal law, cannot be said to be effective Islamic law has not specifically addressed the types of defamation and penalties so it has not been able to effectively regulate the prevention of defamation in Islamic law. The development of this law regarding defamation does not pay attention to the social dynamics that exist in society. It can be seen from the problem of defamation that many occur through social medicine whose events are still difficult to prove.

Yudan Fajar Mahendra

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

Notary is a public official who has the authority to make authentic deeds. Authentic deeds have formal functions that cannot be carried out by other public officials, so they have strong evidentiary power. In relation to this background, the author considers the following issues: the responsibility and legal protection of notaries for the deeds they make. The method used in this research is normative research using the technique of collecting legal materials through literature study, using primary and secondary legal materials. The results of the research show that the elements of the criminal act of falsifying an authentic deed committed by a notary include fulfilling subjective elements by falsifying an authentic deed. Criminal sanctions for notaries involved in this criminal act are based on Articles 264 paragraph (1) and 266 paragraph (1) of the Criminal Code, which stipulate penalties for notaries who make a deed by deliberately using the deed as if its contents were true. From this discussion, it can be concluded that deeds that do not meet the requirements set out in statutory regulations do not have strong evidentiary power and do not have binding legal force.

Pribadi Prasaja; H. Abdul Razak

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

White-collar crime has developed to a transnational level that no longer recognises the territorial boundaries of the state. The form of crime is also increasingly sophisticated and neatly organised, making it difficult to detect. Criminals always try to save money from their crimes through various means, one of which ismoney laundering. In this way, they try to launder illegally obtained money into a form that looks legal. With this laundering, criminals can hide the true origin of the funds or money from the crimes they commit. This research is focused on library studies or document studies, because this research is mostly carried out on secondary data, and Primary Data as a complement, the data to be obtained in this study are collected by means of: Library research The library material referred to consists of primary legal materials, namely laws and regulations related to the title of this research and the Criminal Code. Similarly, secondary legal materials are studied in the form of scientific works of experts including research results (including theses and dissertations) related to the title of the researcher and using Qualitative Data.

Dinda Ayu Ramadhani; Rahul Ardian Fikri; H. Abdul Razak Nasution

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

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption      

Satria Muhammad; Syiful Asmi Hasibuan

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

Fraudulent acts are currently flourishing following the era and technology advancement. Laws and regulations are made to anticipate this, but the existing laws and regulations seem like unable to combat the crime amid their increase in occurrences. This research aims to: firstly, to identify law enforcement against the e-commerce-based frauds; and secondly, to identify the obstacles in criminal law enforcement against e-commerce- based frauds. This research was conducted by using normative juridical method through literature research by examining secondary data including legislation, research results, scientific journals and references. The research results describe that the e-commerce- based fraudulent acts in principle are similar to the conventional frauds but differ in the evidences or means of action as the latter uses electronic systems (computers, internet, telecommunications equipment). Therefore, the legal enforcement against this kind of frauds is still under the applicability of the Indonesian Criminal Code and the Law No. 19 of 2016 regarding Amendments to the Law No. 11 of 2008 regarding Information and Electronic Transactions. Further, the law enforcement against the fraudulent acts in electronic-based transactions has been prevented at least by the following five factors, the laws and regulations, law enforcers, infra-structure or facilities that support the law enforcement, community and cultural factors.      

Marselinus Mardi Anto; Aksi Sinurat; Rudepel Petrus Leo

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The purpose of this study is to analyze the law enforcement of perpetrators of serious maltreatment due to hallucinations in Satarmese Barat Subdistrict, Manggarai Regency. This research is an empirical juridical research that examines a legal event that occurs through a statute cause approach. Data were collected in two ways, namely interviews and document studies. The data obtained is then presented descriptively qualitatively. The results showed that law enforcement of perpetrators of serious maltreatment due to hallucinations in West Satarmese District, Manggarai Regency in relation to liability that the perpetrators were released from criminal liability by investigators which was not in accordance with Article 44 of the Criminal Code and termination of investigation which was not in accordance with the provisions of Article 109 of the Criminal Procedure Code. The obstacles to law enforcement are influenced by several factors, namely: facilities and infrastructure factors (limited facilities and infrastructure available at Satarmese Police Station), law enforcement factors (inconsistency of investigators with existing regulations), community factors (lack of understanding of community law), and cultural factors (Manggarai community culture is thick with kedi kilo (kinship) in solving problems. 

Moh Aditya Adjara; Mutia Cherawaty Thalib; Dolot Alhasni Bakung

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The purpose of this study leads to legal action that can be done by business actors related to losses caused by fictitious orders and legal protection against business actors in online buying and selling transactions Cash on Delivery (COD) payment methods. This type of research is a juridical normative research that leads to legal norms, legal principles and using the statute approach (legislation) and supported by the fact approach (the Fact Approach) and conceptual approach (concept approach). The results of the study that the form of legal protection against business actors who are harmed by consumers is in the form of compensation and/or sanctions against consumers when consumers still do not replace the losses as intended. Although Chapter 13 of the UUPK does not specify criminal sanctions against consumers in particular, this does not mean that consumers can avoid criminal sanctions. Criminal sanctions can be imposed against consumers if the consumer's actions have met the criminal elements. The legal action of business actors against consumers who make fictitious orders can then implement the principle of strict liability, business actors who feel aggrieved over the actions of consumers who are not responsible for the goods that have been ordered can demand compensation or compensation without having to dispute the presence or absence of elements of error on the part of consumers. The threat of punishment obtained against consumers who are proven to have committed fraud will be subject to imprisonment for a maximum of four years in accordance with Article 378 of the Criminal Code.. Therefore, it should pay more attention to legal certainty regarding legal protection not only to consumers but also to business actors. Because basically losses can not only be experienced by consumers but can also be experienced by business actors.

Alwandani Alwandani; Yasmirah Mandasari Saragih; Rahul Ardian Fikri

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

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption.

Shyandra Putri Buhang; Fence M Wantu; Nuvazria Achir

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

the study aims to analyze the imposition of a criminal verdict in the case of murder that occurred in case No. 117/PID.B / 2022 / PN GTO at the Gorontalo City District Court, as well as factors that influence the judge in deciding the murder case. The research method used is normative legal research with the approach of legislation and the approach of existing cases, which are then analyzed in a descriptive qualitative. The results showed that the analysis of the verdict on the murder case No. 117/Pid.B / 2022 / PN GTO at the Gorontalo City District Court, it can be concluded that the decision is the result of a criminal justice process based on the results of the examination and the facts of the trial as well as the cooperative attitude of the perpetrator. The factors that influence the decision, among others, are the evidence presented in the trial, witness testimony, Judge's consideration, and applicable legal provisions. The judge in his decision did not consider the elements of the indictment charged by the public prosecutor, namely Article 340 of the criminal code, but instead decided the case using Article 338 of the Criminal Code which, according to researchers, does not reflect the principle of legal certainty and Justice.