OJS Kader Bangsa University
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IMPLEMENTAS SANKSI PIDANA DENDA SEBAGAI ALTERNATIF PIDANA PENJARA DALAM TINDAK PIDANA PENGANIAYAAN RINGAN
Get PDFArticle misdemeanour assault, namely article 352 paragraph (1) of the criminal code states that misdemeanor assault shall be punished by a maximum imprisonment of three months or a fine of up to IDR 4,500. However, in reality. Judges often only sentences the defendant with imprisonment sentence. Although the article provides a alternative punishment as it contains the word ‘’or’’. The purpose of ths study was to identify and explain the consideration of the judges in imposing imprisonment rather than fine penalty against the perpetrators of misdemeanour assault and to identify and explain the obstacles in the implementation of fine penalty against the convict.Pasal 352 ayat (1) KUHP menyebutkan bahwa penganiayaan ringan dihukum dengan hukuman penjara selama-lamanya tiga bulan atau denda sebanyak-banyaknya Rp 4.500. namun dalam kenyataannya selama ini hakim sering memutuskan pidana penjara saja terhadap pelaku penganiayaan ringan , padahal pasal tersebut bersifat alternative yaitu dapat dipilih salah satu jenis hukuman karena memuat kata “atau. Hasil penelitian menunjukkanbahwa pertimbangan hakim lebih memilih pidana penjara dari pada pidana denda terhadap pelaku tindak pidana penganiayaan ringan karena lebih berefek jera daripada pidana denda, sebab pidana denda biaya dendanya terlalu sedikit dan sangat bertentangan dengan tujuan pemidanaan
KEBIJAKAN HUKUM PIDANA DALAM UPAYA PENANGGULANGAN TINDAK PIDANA MELALUI PENYELESAIAN SECARA NON LITIGASI
Get PDFThe law that applies to this society, because of experiencing developments following the development of life, then makes the law very diverse. So that the law can be assessed from various specific aspects. Therefore, when viewed from the aspect of its function, one of the scope of public law is criminal law which can basically be divided into material criminal law (materelel strafrecht) and formal criminal law (Formeel Strafrecht / Strafprocesrecht). related literature and books. the problem taken is How is the criminal law policy in the handling of criminal acts through efforts to resolve outside the current positive legal process? and What is the criminal law policy in the handling of criminal acts through efforts to resolve outside the process in the context of renewing criminal law in Indonesia? The results obtained from the study are that criminal law policy in the handling of criminal acts through efforts to resolve outside the positive legal process is currently only a small part, while all of which are still oriented towards formal solutions. Criminal law policy in the handling of criminal acts through efforts to resolve outside the process in the context of renewal of criminal law in Indonesia should be regulated in an integrated manner, and a criminal type that can compromise or take advantage of positive aspects is needed (the opposite also means, avoiding negative aspects) of imprisonment in a party and criminal supervision on the other hand. So compromise "criminal" with "action". In order to bring equitable justice
PEMILIHAN KEPALA NEGARA DI INDONESIA
Get PDFIn the development of law in Indonesia, especially concerning the development of the application of Islamic law, Islamic law experienced ups and downs following the political direction that existed at that time, especially in the context of the election of head of state in Indonesia. It is interesting to raise the theme of the election of the head of state, given the actual dualism of opinions relating to this matter. Is the election of head of state directly from the people or the election of head of state through people's representatives. What really is the desire and purpose of the holders of power in the Unitary State of the Republic of Indonesia. From this phenomenon, the author is very interested in researching further with the focus: "Election of State Heads in Indonesia" This research will answer the problem statement, namely; what is the system of electing heads of state in Indonesia; In an effort to answer the problem in this study, the authors used research with a historical documentary approach. Then analyzed using content analysis. The results of the study indicate that the mechanism for the selection or appointment of heads of state in Indonesia theoretically and empirically has occurred with two models. First, through the highest state institution, the People's Consultative Assembly. Second, through direct elections from people who already have the right to vote
MENGGUGAT TINDAKAN HUKUM PENYIDIK KEPOLISIAN NEGARA REPUBLIK INDONESIA MELALUI PERADILAN TATA USAHA NEGARA
Get PDFInformation disclosure and the development of ideas about legal protection against human rights, as if breaking down the polarization of thinking about the immunity of the Police Investigator. As if, only pretrial was the only legal instrument to test legal actions carried out by Police Investigators. The Criminal Procedure Code, in this case, has become a binary opposition that dominates and hegemony as a form of instrumental action ratio. It also appears historically over the refusal of the Police and Prosecutors to the instruments of the Preliminary Examining Judge, in the past. The breakdown of the development of reasoning patterns and the pattern of argumentation is evident in the very varied pretrial decisions and the existence of judicial authority institutions as a result of the 1945 Constitution of the Republic of Indonesia NRI amendment, the Constitutional Court. In a normative juridical manner, when we conduct legal literature searches, the Government has actually prepared a legal instrument to break down the binary opposition, namely through Law Number 30 Year 2014 concerning Government Administration and Law Number 5 Year 2014 concerning State Civil Apparatus. This logic is constructed from Article 1 point 2 of Act Number 2 of 2002 concerning the National Police of the Republic of Indonesia which confirms that Police Members are civil servants. Therefore, any legal action taken, excluding what has been regulated in the Criminal Procedure Code, can be filed through the State Administrative Court
PERAN ALAT BUKTI ELEKTRONIK DALAM TINDAK PIDANA CYBERBULLYING DITINJAU DARI UNDANG- UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TEKNOLOGI ELEKTRONIK
Get PDFThe development of technology and information that is increasingly sophisticated, has made humans in a situation where all the activities carried out get ease because of the help of all kinds of technology and information, one form of technological development and information that has provided many benefits to humans around the world is Internet. The emergence of the internet is one of the valuable inventions, because by using the internet can get the information needed, and someone can communicate using the internet even though the distance is far away, over time, internet access becomes easier, this is supported by the many places with wi-fi facilities and provider cards that offer internet packages via mobile phones at affordable prices. The research approach uses a law approach and a case approach. The type of research data is secondary data with primary legal materials and secondary legal materials. Data collection techniques in the form of library study and data analysis techniques used are deductive.The results of the study obtained by the author in conducting this research is a system of proof of criminal acts, Cyberbullying, which is still based on the Criminal Procedure Code, has not yet regulated the provisions regarding electronic evidence and data and Cyberbullying Criminal Acts, before the enactment of Law No. 19 Year 2016 concerning Information and Electronic Transactions there are several statutory provisions relating to the use and misuse of information technology regulated in the Criminal Code and several laws outside the Criminal Code
DIVERSI PENYALAGUNAAN NARKOTIKA TERHADAP ANAK
Get PDFThe use of criminal law as a means of combating crime, including the handling of narcotics abuse, is in the spotlight as well as a topic of long conceptual debate. Although the conceptual debate still breeds the pros and cons of using criminal law as a means of combating crime. The research approach uses a law approach and a case approach. The type of research data is secondary data with primary legal materials and secondary legal materials. Data collection techniques in the form of library study and data analysis techniques used are deductive. The results of the research obtained by the author in conducting this research is that the narcotics abuse settlement carried out by children should be carried out with a diversion process in accordance with Law Number 11 of 2012 concerning the Criminal Justice System of Children. The implementation of diversion needs to be done by transferring the implementation of the judicial process to the process of social service. In terms of the legal position of diversion against children of narcotics abusers in the perspective of criminal law development, it is a non-penal policy of handling child offenders
PERANAN ADVOKAT DALAM SISTEM PERADILAN PIDANA DI INDONESIA
Get PDFThe research entitled The Role of Advocates in the Criminal Justice System in Indonesia aims to know and analyze the Status and Role of Advocates in the Criminal Justice System. To find this out, this research was conducted by Palembang Police and District Court of I-A Palembang. to obtain primary data and secondary data directly related to the writing of this thesis. The data collection techniques are data obtained from field studies and direct interviews with the police, Palembang Police Investigator and District Court Judge I-A Palembang is the party responsible and directly related in handling cases of child crime and library research. Data analysis was done by using qualitative descriptive analysis. Based on the research it is found that the Role of Advocate in the Criminal Justice System in Indonesia The role of advocate in the judicial system in Indonesia is recognized as law enforcement parallel to other law enforcement profession, such as Police, Prosecutor and Judge as stipulated in Law no. 18 year 2003 about Advocate, so that with equal position is expected to advocate to enforce law professionally based on justice and truth. The duties, obligations, attitudes and responsibilities of an advocate as law enforcement are all contained in the code of ethics of the advocate profession which is used as the basis for conducting its activities. The fundamental of the duties and responsibilities of advocates is to relate between representing clients, upholding justice, honesty and human rights, and assisting judges in the process of upholding truth and justice. The responsibility of lawyers in law enforcement to God Almighty, to the Code of Advocate Ethics, To the rules of legislation and last to the public
PENDEKATAN RESTORATIF JUSTICE SEBAGAI MODEL PEMIDANAAN SEKALIGUS PERLINDUNGAN TERHADAP ANAK BERKONFLIK DENGAN HUKUM
Get PDFChildren as perpetrators of crimes are referred to as children in conflict with the law. According to Romli Atmasasmita, the child in conflict with the law is any act or behavior of a child under the age of 18 and who is not yet married, which is a violation of applicable legal norms and can endanger the child's personal development. For this reason, in dealing with and overcoming these various problems, it is necessary to consider the position of the child with all the characteristics and characteristics that are typical as perpetrators of a crime. Not only see whether the act is based on their thoughts, feelings and desires but must also see various things that can influence why the child is committing a crime. The approach method used in this study is a normative juridical approach. The results of this study are alternative efforts in dealing with issues related to criminal acts committed by children as perpetrators of criminal acts. Because more and more children commit criminal acts. After the enactment of Law Number 11 of 2012 concerning the Child Criminal Justice System. There are inhibiting factors in its application, namely: There is no equal perception between law enforcement officials regarding the handling of children dealing with the law for the best interests of children
ANALISIS PENCEGAHAN DAN PEMBERANTASAN TINDAK PIDANA KORUPSI MELALUI UNDANG-UNDANG RI NOMOR 8 TAHUN 2010 TENTANG PENCUCIAN UANG
Get PDFThe study entitled: Criminal Law Policy Against Corruption Prevention and Eradication Through Money Laundering Act. This study aims to analyze the relationship of criminal acts of corruption with money laundering and Prevention and Eradication of Corruption through Money Laundering Act. This research was conducted by Palembang Police and Palembang District Class I-A Court. to obtain primary data and secondary data directly related to the writing of this thesis. The data collection techniques are data obtained from field studies and direct interviews with the police, Palembang Police Investigator and District Court Judge I-A Palembang is the party responsible and directly related in handling cases of child crime and library research. Data analysis was done by using qualitative descriptive analysis. Based on research conducted that the criminal act of corruption is very closely related to money laundering crime. The crime of money laundering is a criminal offense (derifativecrime) which is always preceded by predicate crime, such as corruption criminal act of corruption is an extraordinary crime (extra ordinary crime), prevention and eradication must also use action - extraordinary action
TINDAKAN (BULLYING) DALAM DUNIA PENDIDIKAN DITINJAU DARI PERSFEKTIF HUKUM PIDANA ISLAM
Get PDFBullying in the world of education is a despicable act and is forbidden by Islam because it can hurt victims both physically and mentally. this research was conducted using a normative method where the material used came from the literature and other library sources. Conversely, if abuse is carried out by students or students who are still underage, then the offender is subject to ta'zir punishment in the form of diyath, kaffarah, alternative or substitute punishment ('uqubât al-badilâh) which aims to educate or give lessons to other actors and people do not answer the same deed. The results of this study are that bullying is an illicit act that can cause harm both physically and mentally to the victim. Abuse occurs because the quality of one's faith is so low that the person will tend to act harsh, cruel, destructive and blindly hate