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Made Dwi Raditya Utama Putra Sari; A.A Ngurah Oka Yudistira Darmadi

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

This study aims to identify and analyze the causes and legal consequences of falsifying a health certificate or a Rapid Test Covid-19 letter. This research is included in descriptive empirical research with data collection carried out through document studies and interviews, and is supported by primary legal materials in the form of applicable regulations and related to forgery of rapid test letters, secondary materials of law books and also legal journals related to forgery of letters rapid test. The data collected through research was analyzed qualitatively by arranging existing sentences so that they were easy to understand. The results of this study indicate that the factors that cause rapid test letter falsification are economic factors, time factors, factors of someone who wants to pass to travel outside the region, factors of intention and opportunity. The application of sanctions for perpetrators of crimes in the form of document forgery is generally regulated in the Criminal Code in Article 263 paragraph (1), so that criminal sanctions for perpetrators of forgery of rapid test letters are punishable by a maximum penalty of 6 (six) years in prison.

Raka Tiza

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Legal reform and the supremacy of military criminal law is seen as an effort to reform and supremacy of the legal system. In fact, it is a big problem for the Indonesian people to reform and enforce the law. Efforts to reform the Criminal Code have been going on for a long time, at least around 1964, but progress has been very slow. The renewal of the military criminal law is not only synonymous with the renewal of the KUHPM. Reforming the War Crimes Law is clearly more effective than simply updating the KUHPM. Renewal of military criminal law includes reform of the structure and content of the law. Renewal of military criminal law must be general in nature and renew the entire formulation of the Criminal Procedure Code, formulating it in a codification that is different from the codification of the Criminal Code. Therefore, the law must be applied as fairly as possible without being selective in imposing punishment.

Ni Luh Putu Sudarini; dewa gede pradnyana yustiawan

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Decision of the Constitutional Court Number 20/PUU-XIV/2016 states a lawsuit if civil procedural law applies to evidence. This is because there are differences in the law of proof with civil and criminal procedural law and considering the validity of evidence as a matter of procedural law also affects the legality of making documents, especially with electronic documents. Based on this description, the researcher makes several notes, especially regarding the certainty of an electronic contract law in Indonesia and the legality of e-contracts as evidence from a civil law point of view. The research results form the basis of legal certainty for electronic contracts in Indonesia based on article 5 of Law No. November 2008 concerning information and electronic transactions stipulated by the Constitutional Court Decision No. 20/PUU-XIV/2016, still based on the legality of electronic contracts used as evidence from a civil law perspective sourced from the decision of the Constitutional Court 20/PUU-XIV/2016 and provisions related to contracts in general are contained in the Civil Code.

Fathur Rahman Mustabir; Lisnawaty W. Badu; Suwitno Y. Imran

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The research focuses on studying the Position of Academic Freedom by academics in providing expert testimony on criminal cases in Indonesia and clarifying the status of lecturers who act as experts. The research method used is normative research method. The emergence of cases of expert witnesses being sued by legal interested parties can undermine the principle of absolute competence of a judicial body. Where in 2018 Dr. Ir Basuki Wasis, M.Sc was sued in a civil lawsuit for expert testimony given in the Corruption Case of the Former Governor of Southeast Sulawesi Province. In the Petitum case number 47/Pdt.G/LH/2018/PN Cbi of the Cibinong District Court that the information given was an unlawful act. even though academics as experts have the second position of evidence regulated in Article 184 of the Criminal Procedure Code. Then a Lecturer who acts as an Expert Witness has Academic Freedom as regulated in article 8 paragraph (1) of Law No. 12 of 2012 concerning Higher Education. The conclusion of the research results obtained is that academics as expert witnesses in Indonesia do not have a clear legal standing because the Criminal Procedure Code and Law No. 12 of 2012 concerning Higher Education do not fully regulate the criteria and requirements for being an expert. Then the phrase "expert witness" is still being debated among academics because it is not specifically stipulated in the law. In contrast to the Netherlands, which determines and regulates expert witnesses specifically, both the criteria and the register of an expert in order to reinforce the position of an expert in the formal law of the Netherlands. However, legal protection for experts has been regulated in several laws and other regulations.    

Nur Hidayati

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research examines the world's commitment to overcoming the problem of violence against women and children which is specifically stated in the sustainable development goals (sustainable development goals), including Indonesia. This type of research is normative juridical law, namely explaining and analyzing sexual violence experienced more by women and children. The approach method uses the statute approach by analyzing legislation in the form of Prosecutor's Guidelines No. 1 of 2021, Law no. 23 of 2004, Law No.17 of 2016 and PERMA No. 3 of 2017 as primary legal material. Secondary legal materials include publications on law including textbooks, journals and the Criminal Code. The legal material analysis technique is a method of grammatical and systematic interpretation. The results of the study show that there is an SPPT-PKKTP, women have the right to get justice for ongoing legal efforts, self-recovery for deprivation of rights and violence they experience, children's rights in the criminal justice process are regulated separately, namely in Article 3 of Law No.11 of 2012 regarding the Juvenile Criminal Justice System (UU SPPA). This research is expected to enrich the discourse towards renewal and development of criminal law in the future or as a reference for subsequent studies.

Gani Hamaminata

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The Criminal Justice System outlined by the 1981 Criminal Procedure Code is an Integrated Criminal Justice System that is based on the principle of "functional differentiation" between law enforcement officials/agencies in accordance with the "stage of the process of authority" granted by the law. The Integrated Criminal Justice System is a system in criminal justice that becomes a reference for the implementation of a fair trial and as expected by the wider community. In the criminal justice system, there are things that must be synchronized in order to achieve a truly integrated system, namely substance, structural and cultural synchronization.   Keywords : Criminal Justice System and Criminal Procedure Code

David Bani Adam; Safar Dwi Kurniawan; Arif Rakhman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the implementation and proof of elements of criminal acts as required by Article 379a of the Criminal Code, specifically in cases where fraud is used as a livelihood. A normative legal approach is used with an analysis of legal documents and court decisions. The two results show the main aspects: (a) objective evidence in the form of transmission of fraud patterns and similar modes of use, and (b) subjective evidence in the form of intensity to make the activity a source of life. The findings show that recognition of habits (elements of habits) and completeness of evidence are key in the application of this article. The novelty of the study is the integration between empirical conclusion data and the need for proof of economic actors' habits, a dimension that has been less explored in previous studies.

Bina Eradany

Sinov : Media Informasi Penelitian Kabupaten Semarang 2023 Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah Kabupaten Semarang

Initially the criminal justice system consisted of 3 (three) sub-systems, namely the police, courts and correctional institutions. The prosecutor's office is not considered as a sub-system that stands alone, considering that the prosecutor is considered as part of the judicial sub-system with all its activities in court. As a system, the workings of the criminal justice system are supported by the four components above, which are reflected in the Indonesian criminal procedural law which is based on the Criminal Procedure Code. Whereas the relationship between the Police and the Prosecutor is regulated in Article 1 point 1-5 of the Criminal Procedure Code, investigators are state police officials with investigative duties. Whereas Article 1 number 6-7 which regulates the official who is authorized as a public prosecutor is the Prosecutor. This separation is strictly regulated in article 284 paragraph (2) of the Criminal Procedure Code which states that it is only transitional in nature. Supervision of the Prosecutor's Office as an investigator and Prosecutor according to the Criminal Procedure Code and other regulations in dealing with corruption cases has been clearly regulated in the Criminal Procedure Code (article 284) which the legislators made to separate investigations for the Police and prosecution for the Prosecutor's Office. This separation implies an inter-agency oversight that must work in order to achieve the goal of real material justice.

Akiruddin Ahmad; Nelvitia Purba; Petrus Sitepu

Sinov : Media Informasi Penelitian Kabupaten Semarang 2023 Badan Perencanaan Pembangunan, Riset dan Inovasi Daerah Kabupaten Semarang

Children are a mandate and a gift from God Almighty, in whom dignity and worth as a whole human being are attached. Children are disabled, potential, and the younger generation is the successor to the ideals of the nation's struggle, has a strategic role and has special characteristics and characteristics that guarantee the existence of the nation and state in the future. Whereas the application of criminal sanctions against children who commit crimes of abuse resulting in death is in accordance with the demands of the Public Prosecutor by fulfilling the elements in Article 351 paragraph 3 of the Criminal Code, namely whoever and the persecution that causes death, the judge's decision states that the child named Muhammad Ridho is above, proven legally and convincingly guilty of committing the crime of "Improve resulting in death" as in the single indictment; Sentenced criminal against the Child therefore with imprisonment for 3 (three) years. Judge's Considerations in Imposing Sanctions Against Children Who Do Abuse Resulting in Death Based on Decision No. the child but belongs to the victim who accidentally fell and was taken by the perpetrator, and that it was true that the perpetrator left the victim covered in blood.

Apri Amalia; Johannes Mangapul Turnip

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Discretionary actions are the authority of investigators who are decided by the Police in dealing with legal issues ini the field directly and without asking for instructions or decisions from their superiors. The discretion exercised by investigators basically must comply with statutory regulations and the code of ethics for the police profession. However, in reality there is still discrimination in the exercise of police discretion. The aim of the research is to find out the mechanism of impelemntation and legal accountability for the police who do negligence ini traffic discretion. The research method uses normative research conducted using a statutory approach and concepts related to the police. The data used are secondary data ini the form af laws and regulations, books, scientific papers, experts, articles and then these data are processed qualitively. The results of the study show that the mechanism for applying police discretion to traffic crimes at the investigative level is that the police go to the scene of a traffic accident and then make a sketch af the crime scene, help the victim, record witness, secure avidence, the police make a case analysis and exercise discretion in case of an accident, light. The discretionary authority of the police causes investigators to have the authority to make decisions or choose various actions in resolving the law violations they handle. The discretionary authority og the police which is individual in nature is the resolution of traffic accident cases by way of deliberation between the parties involved in the accident. Criminal liabity for negligence by members of the Indonesian National Police is based on article 359 of the Criminal Code, it is proven that the actions of the defendant because of thin negligence caused another person to die is punishable by imprisonment for a maximum of five years of imprisonment for a maximum of one year.

Gisella Tiara Cahyani; Siti Bilkis Sholehah; Dara Nurul Salsabillah; Muhammad Alwan Ramadhana; Revand Arya Pratama +1 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Law is a tool for regulating people's lives with a coercive nature and requires people to follow existing rules. The law is made for the benefit of the people and contains the norms of life as a guide in society. Death penalty is a punishment with the most severe sanction scale for perpetrators of extraordinary crimes such as narcotics, premeditated murder, terrorism, and crimes against state security. However, the application of death penalty in Indonesia is controversial because it violates Human Rights (HAM) and the right to life guaranteed by the 1945 Constitution Article 28A paragraph (1). Even though there is an update in the latest Criminal Code (KUHP) which regulates probation for 10 years, pros and cons still occur in the application of death penalty. Various views on capital punishment exist, in which some consider human rights and the principles of justice. However, the death penalty must be applied carefully and pay attention to human rights.

Siti Januhairiyah Hasyim; Desy Sofiana

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The purpose of writing this article is to compare the arrangements for the crime of incest under the Indonesian Criminal Code and the Malaysian Penal Code Act. The comparison includes the similarities, differences and advantages and disadvantages of each of these laws and regulations. The sources of legal materials used are primary and secondary legal materials. The data collections uses literature study techniques and data analysis. Based on a comparison of the arrangements for the crime of incest under the Indonesian Criminal Code and the Malaysian Penal Code Act, there are several similarities, differences, advantages and disadvantages of each of these arrangements. So from this comparison we can find several advantages of the Malaysian Penal Code Act, there are several similarities, differences, advantages and disadvantages of each of these arrangements. So from this comparison we can find several advantages of the Malaysian Penal Code Act regulations regarding the crime of incest which can be input for the renewal of Indonesian Criminal Code regulations. That way, the regulation of incest crimes in Indonesia will be better.

Zainudin Hasan; Phanizar Cahaya Saputra; Lucky Arijano Augusta Putra; Muhammad Daud Aulia Ramadhan Indrajaya

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

According to data collected by Bandar Lampung Police, between the beginning of the year and the end of 2022, officers handled 2,898 incidents, including 502 reports of motor vehicle theft, 247 reports of theft with aggravation, and 78 reports of theft with violence. The purpose of this article is to describe the legal policy of violent motorcycle theft. This research is a normative legal research, in this research the elements of the crime of theft with violence as formulated in Article 365 of the Criminal Code are studied. The results showed that a person who commits the crime of motorcycle theft with violence can be caught under Article 356 of the Criminal Code. In this case, the factors that cause a person to commit a violent motorcycle theft are economic factors, social environment, opportunity, and less than optimal law enforcement.

Ahmad Yunus; Moh. Jeweherul Kalamiah

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The circulation of narcotics and illegal drugs in Indonesia has disturbed the majority of the public, and almost every day the media shows arrests of illicit traffic of narcotics and other criminal acts. In carrying out their duties as law enforcers the police are guided by the code of ethics as a guideline for daily implementation. Regulations related to the police code of ethics can be seen from Law Number 2 of 2002 concerning the Indonesian National Police, Regulations of the Chief of Police of the Republic of Indonesia Number 8 of 2006 and Number 7 of 2006 Each of them is binding on the implementation of the police's daily duties. This study analyzes law enforcement by the police in Narcotics Crimes committed by members of the National Police and criminal sanctions against members of the National Police who commit Narcotics Crimes. This study uses a normative juridical type, namely by carrying out legal research by looking at the laws and regulations related to Law no. 35 of 2009 concerning Narcotics. After the research material is obtained and collected, the material is then processed and analyzed with legal arguments based on deductive-inductive (general-specific) legal logic. The author can conclude that cases of narcotics settlement carried out by the police are the same as that of the community in general, namely through general courts.

Sri Mita Udin Soe

Jurnal Mahasiswa Kreatif 2023 International Forum of Researchers and Lecturers

This research is about juridical analysis of the application of article 1348 of the Civil Code to the practice of online arisan with a descending system. The method used in this research is normative. The purpose of this study is to find out the legal consequences caused by the Owner and Member of the Online Arisan Practice System for Decreasing the Non-fulfillment of Elements in Article 1348 of the Civil Code. The results of this study are that if one of the parties defaults or defaults, the provisions for sanctions are regulated in criminal and civil provisions, then the legal consequence is that if a member party does not complete the arisan contribution, the owner will bear the fee. so that members who commit defaults will hold negotiations/mediation efforts up to filing a lawsuit in court or carrying out a criminal law process by the owner as the person in charge of the arisan.

Santriana Santriana; Desi Anisah; Satria Indra Kesuma

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The purpose of this study is to examine how crime victims are treated by Indonesia's criminal justice system. This scientific study was written utilizing the normative legal research method, which employs a statutory approach (act approach). The study's findings demonstrate that Indonesia's criminal justice system, which is based on the Criminal Code (KUHAP), places an undue emphasis on offenders and minimal emphasis on victims. The absence of provisions in the Criminal Procedure Code that address the existence of victims of crime is one indication of this. As a result, the crime victim in this instance serves simply as a witness to establish the defendant's guilt in a court of law. In actuality, victims of crimes as much as criminals face the issue of justice and respect for human rights.  

Diah Resti Vilani; Niken Kurnia Yunita; Ahmat Luqman Nanda; David Aldo Wijaya

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Lembaga Pengembangan Kinerja Dosen

Inquiry and investigation in the mechanism there is a difference between the two. Article 1 point 5 of the Criminal Procedure Code regulates investigations to determine whether an event that is suspected of being a crime is true before finally proceeding to the level of investigation. Where the investigation stage aims to determine the truth of a criminal act. After finding out who the perpetrators of the crime were, then in accordance with the constitution a court process will be carried out through an independent judicial power. Merdeka has the principle that judicial power must be free from any form of encouragement or interference from any outside party. It is different from the power to adjudicate in the post-New Order era where legal dualism occurred. This study uses a normative juridical method with a statutory approach (Statute Approach) regarding Law Number 14 of 1970 concerning Judicial Power in the New Order regime as well as a Case Approach (Case Approach) of legal dualism carried out by President Soeharto where presidential power is attached to legal authority. justice. The power of the president attached to the power of the judiciary will give birth to the independence or independence of the decisions of the judges because there is interference from the power of the president.

Novita Anggriani Lahabu; Rafika Nur; Darmawati Darmawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

There are so many cases where the perpetrators are more than one person, which occur in our society. Often there is debate in imposing punishment on the direct makers and the indirect makers of criminal acts. To impose a sentence on a case, the judge must know which maker is directly or indirectly and bases his decision apart from the law and also considers the demands of the public prosecutor. Sometimes the perpetrators of the crime of participation are not touched at all by the law so that what they should be prosecuted by law is not even processed. The purpose of this study is to examine the criminal responsibility of the perpetrators of the crime of counterfeiting. The research conducted is normative legal research. Based on the results of the research the defendant was proven guilty of committing the crime of "making and using fake documents" as stipulated and subject to criminal penalties in Article 264 paragraph (1) of the 1st Criminal Code and second article 264 paragraph (2) of the Criminal Code. The crime of inclusion is regulated in Article 55 and Article 64 of the Criminal Code

I Gede Widhiana Suarda; Ainul Azizah; Ahmad Fahrudin

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Ethnicity, religion, race and intergroup (SARA) are social elements that have an important role in human life, therefore, the freedom of each party must be respected and guaranteed. Religion is an important element of human existence and perhaps the most impressive element that can exert an important influence on the behavior of individuals. Indonesian positive law regulates punishment for perpetrators of religious blasphemy regulated in Article 156a of the Criminal Code. The initial purpose of enacting this article was against the backdrop of the many sects of belief and mysticism teachings that were considered heretical and not in accordance with the religious teachings of the Indonesian people. Article 156a of the Criminal Code is intended to prevent religious teachings from being distorted which are considered as the main teachings by the leaders or religious leaders concerned; and this rule protects religious peace in society and maintains the values of religious teachings that are maintained by the community from insults/humiliations and from teachings not to embrace a religion based on Belief in the One Supreme God.

Khusniatul Amallia; Yana Indawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Gambling games are a crime regulated in article 303 bis of the Criminal Code. Gambling games are often used as a livelihood. Gamblers often make this a livelihood because the lures that are given from gambling games look profitable with only a little money. But this is of course just a ruse so that someone is interested in participating in gambling. Article 303 bis of the Criminal Code has regulated the crime of gambling as a means of livelihood. The Pasuruan City Police Resort is trying to enforce the law on gambling crimes that occurred in Pasuruan City. Along with the development of the era, there are more and more types of gambling crimes. Judging from its history, criminal acts of gambling will always exist and some of the people playing gambling is a customary habit that does not need to be eliminated or even reported to the Police. This of course makes the role of the Police indispensable in informing the public that this gambling game is a crime that needs to be enforced.