1,721,108 research outputs found
Fungsi Kriminalistik dalam Proses Penegakan Tindak Pidana Narkoba di Karanganyar (Studi Kasus di Polres Karanganyar)
Get PDFIndonesia's criminalistic function is still rarely found due to its lack of criminality in the law enforcement process, while its own criminalistic function is helpful in addressing a particular criminal drug, both investigating and determining the nature and class contained in drugs. This research looked at the function of criminalistic science that investigators carry out in their law enforcement processes. The method used by the author is descriptive research with an empirical approach. The authors' research suggests that the criminalistic function of investigators in the enforcement of a drug criminal act may help to crack down on the karanganyar region
Sanksi Pidana terhadap Notaris yang Melakukan Tindak Pidana Pemalsuan Akta Otentik(Studi Kasus dalam Putusan Pengadilan Negeri Lhokseumawe Nomor :40/Pid.B/2013/PN.Lsm)
Get PDFAbstract
In the life of interaction between the community both in terms of legal actions between the community and one another it is necessary to make a legal relationship in order to have legality, one of the functions of law is to provide legal certainty in social life. For the sake of achieving legal certainty, it is necessary to have authentic written evidence regarding legal conditions, events, or actions, this has an impact on the increase in Notary services.
The purpose of this study is to find out and analyze judges' legal considerations in imposing criminal sanctions on Notaries who commit criminal acts of falsifying authentic deeds and to know and analyze ideal criminal sanctions against Notaries who commit criminal acts of falsifying authentic deeds in terms of Notary's duties and responsibilities.
The approach method used in writing this essay is deskripif ". The author uses this type of research intends to provide an overview based on authentic data, namely the decision of the District Court of Lhokseumawe Number: 40 / Pid.B / 2013 / PN. NGOs, in order to answer and find out how the judge judges in imposing criminal sanctions on the Notary who falsified the deed
The results of this study are notaries to make deeds according to the wishes of the parties facing the Notary. Without a statement or statement and wishes from the parties, a Notary is not possible to make a deed. Even if there is a statement or statement that is suspected of being false, it is included in the authentic deed, it does not cause the deed to be false. Materially the falsehood of this matter is the responsibility of the parties concerned as long as the Notary does not know about the forgery itself. If the Notary finds out that this is false, then it should be suspected that the provisions of the article can be applied to the Notary. UUJN and Notary Code of Ethics do not. firm and clear especially regarding how sanctions are imposed on Notaries, who have been sentenced to conviction through court decisions that have permanent legal force
Keywords: criminal witness, notary, fraudulent act, authentic dee
Tinjauan Yuridis Penetapan Tersangka sebagai Objek Praperadilan (Studi kasus Putusan Mahkamah Konstitusi Nomor: 21/PUU-XII/2014)
Get PDFThis study aims to determine the object of pre-trial post-Constitutional Court decision which adds the determination of the suspect as a pretrial object regulated by Criminal Procedure Code. This research method through normative juridical approach that come from primary, secondary and tertiary data. The method of data collection is the study of primary legal materials, secondary law materials and tertiary legal materials related to the object of research and then analyzed qualitatively. The results of the study indicate that the decision of the Constitutional Court Number 21 / PUU-XII / 2014 has overhauled pre-trial object set forth in the Criminal Procedure Code which is limitative by adding the determination of suspects, searches and seizures. The objective of the Constitutional Court revolutionized the pretrial object, one of them is the determination of the suspect with the aim of protecting citizens from the arbitrariness of the law enforcement officers if in the process of investigation there is a mistake in menenetapan someone becomes a suspect. Judge consideration in deciding the case with the aim of recognition, protection, guarantee and legal certainty. As a result of the law on the Constitutional Court's decision, the pre-trial object as stipulated in the Criminal Procedure Code must be interpreted including the determination of suspects, searches and seizures
Analisis Yuridis Tindak Pidana Pemerkosaan Terhadap Anak Kandung Ditinjau Berdasarkan Undang-Undang Nomor 35 Tahun 2014 Tentang Perlindungan Anak (Studi Putusan Nomor 27/Pid.Sus/2021/Pn Tim)
Get PDFCrime in criminal law as a criminal act is an act that is prohibited by criminal law regulations and is accompanied by criminal sanctions for those who violate it. Criminal acts always refer to the nature of acts that are prohibited by legal regulations and criminal responsibility is directed at the person who violates and can be punished with a crime, so that what is prohibited by legal regulations is the act. The research methodology employed by the author is normative legal or normative juridical research. The research approach utilized in this text is characterized as analytical descriptive. In cases where parents commit sexual offenses against their biological children or cause harm to multiple victims, resulting in severe physical injuries, mental disorders, transmission of infectious diseases, impaired or lost reproductive functions, or the death of the victim, they may be subject to additional penalties, such as the disclosure of the perpetrator's identity. This is governed by the stipulations detailed in Article 81, paragraph (3) of the Indonesian Republic Law Number 17, which concerns the establishment of Government Regulations in Lieu of Law Number 1 of 2016, amending the Law of the Republic of Indonesia Number 23 of 2002 regarding Child Protection, as specified in the Chief Public Prosecutor's charge
Proses Penyelidikan Dan Penyidikan Tindak Pidana Illegal Logging Dan Upaya Penanggulangannya (Studi Kasus Polres Jepara)
Get PDFThe objectives to be achieved in this research are: a) To find out the process of Investigation and Investigation in Illegal Logging. ; b) To find out what efforts have been taken by Jepara Regional Police in tackling Illegal Logging crime. The method used in this research is the empirical juridical approach. The type of research used by the author in conducting this research is descriptive research type. The results obtained are that the Jepara Regional Police conducting investigative management is an investigation activity and the investigation is distinguished as an act to search for and find truth in criminal acts. Jepara Regional Police conduct investigative management where operations use several stages including planning, organizing, implementing and attempting to control. The explanation is as follows: a) Planning (planning); b) Organizing (organizing): c) Implementation (actuating). The attitude of the Jepara Regional Police regarding the handling of illegal logging, including repressive actions, preventive actions and pre-emptive actions which are part of the crime prevention policy as part of the law enforcement policy. Jepara Regional Police in handling illegal logging, including the following: a) Preemptive Measures; b) Perventive actions: c) Repressive actions which include; 1) Investigation; 2) Investigation; 3) Arrest; 4) Detention; 5) Prosecution; 6) Trial Examination.b) Community Factors; c) Limitations of Law Enforcement Officials; d) The lack of Facilities and Pre-Facilities; e) Improvements to the Operand Mode; f) Determination of Forest Area Area; g) Old auction process; h) Apparatus involvement
Upaya Ditreskrimsus Polda DIY dalam Menanggulangi Tindak Pidana ITE Penyebaran Ujaran Kebencian Berdasarkan Atas Sara
Get PDFTechnological developments as a result of the times have various impacts, both positive and negative impacts. One of the negative impacts caused by technological developments is the emergence of cybercrimes, one of which is the spread of hate speech based on ethnicity, religion, race, between groups (SARA) which is carried out through electronic media intermediaries. This crime is very dangerous for the Indonesian people considering that Indonesia is a multicultural country. Therefore, it is necessary to prevent criminal acts committed by the Police. This study aims to determine how the efforts of the Ditreskrimsus Polda DIY in tackling the crime of information and electronic transactions (the crime of ITE) the spread of hate speech based on ethnicity, religion, race, inter-group (SARA) and the obstacles experienced by the Ditreskrimsus Polda DIY in efforts to overcome them. This research is a descriptive research, using an empirical juridical approach, the data source is primary data obtained through interviews and secondary data obtained through the library method. The results of this study indicate that efforts to overcome the crime of spreading hate speech based on SARA are carried out through two efforts, namely preventive measures in the form of pre-emptive and preventive actions, as well as repressive/repressive efforts against perpetrators of criminal acts. others, the number of personnel is inadequate and the perpetrators of criminal acts are not cooperative in the investigation process. This research is expected to be information for the public about how the police efforts in this study, namely the Ditreskrimsus Polda DIY in tackling criminal acts of information and electronic transactions for the spread of SARA-based hate speec
Tindak Pidana Lingkungan Hidup dalam Hukum Pidana Positif Indonesia (Studi terhadap Putusan Hakim Tingkat Pertama No : 8/Pid.B/Lh/2020/Pnsnt, Tingkat Banding 44/Pid.Sus-Lh/2020/Pt Jmb & Tingkat Kasasi No 37 K/Pid.Sus Lh/2022)
Get PDFThe environment is a gift from God Almighty which must be preserved and developed so that it remains a source of life support for humans and other living creatures with the aim of maintaining and improving the quality of life. The command to preserve the environment as in the Word of Allah is in the form of a prohibition against causing damage to the earth, one of which is as in Q.S. Al Baqarah/2:11formulated legal policies. Among them is Law no. 32 of 2009 concerning Environmental Protection and Management, the substance of this law not only regulates criminal sanctions but also civil sanctions and administrative sanctions, researchers raised the case from First Level decision No: 8/Pid.B/Lh/2020/PnSnt, Appeal Level 44/Pid.Sus-Lh/2020/Pt Jmb and Cassation Level No. 37 K/Pid.Sus Lh/2022This research uses a type of normative juridical research with a research approach, namely a statutory approach and a case approach. The types and sources of legal materials in this research are primary and secondary sources of legal materials. Data collection techniques use library research and document study.The results of the description are analyzed using the principles of criminal law and also the provisions governing environmental crimes. The results of this research are,OnSengeti District Court Decision No. 8/Pid.B/LH/2020/PN Snt, imposed a fine of IDR 5,000,000,000.00 on PT. Tegar Nusantara Indah because it was proven that he carried out the act of transporting forest products without being accompanied by a legal certificate of forest products. The court considered legal facts in accordance with Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. In the case of PT. Tegar Nusantara Indah (Decision Number 44/PID.SUS-LH/2020/PT JMB). At the appeal level, the Panel of Judges at the Appellate Level confirmed that the appeal petition could formally be accepted and agreed with the facts that had been assessed by the First Level Judge, and at the cassation level at the Supreme Court Decision Number 37 K/Pid.Sus Lh/ 2022 Rejected the cassation request of both parties, which means the decision from the appeal level is inkrah
Kajian Normatif Terhadap Dualisme Kewenangan Penyidikan Dan Penuntutan Tindak Pidana Korupsi Antara Kepolisian, Kejaksaan Dan Kpk
Get PDFThis study aims to determine the authority of law enforcement police, prosecutors and the Corruption Eradication Commission (KPK) in the investigation and prosecution of corruption, and knowing the mechanism of investigation and prosecution of Corruption conducted the police, judiciary and the Commission. The method used is normative. This type of data consists of primary data and secondary data. The data source consists of research literature and field research. Data collection techniques to study the documentation, literature and interviews, then analyzed qualitatively and presented descriptively. The results showed frequent occurrence of conflict and overlapping authority, it is because the Commission has a multi authority or specificity in accordance with Act No. 30 of 2002 on the Corruption Eradication Commission. The mechanism of investigation and prosecution of Corruption by police, prosecutors and the Commission that if the Commission is not conducting an investigation, while the case has been conducted investigation by police or prosecutors, the two institutions it shall notify the Corruption Eradication Commission no later than 14 (fourteen) working days after the date of commencement of the investigation. After the Commission began an investigation, the investigations conducted by the Police or the Attorney is stopped immediately and then taken over by the Commission to continue to coordinate with the police and the judiciary
Tinjauan Yuridis Terhadap Undang-Undang Perlindungan Satwadi Kota Surakarta(Studi Kasus di Pengadilan Negeri surakarta)
Get PDFTo protect wildlife from extinction has been regulated in Law No. 5 of 1990 on Conservation of Natural Resources and Ecosystem, particularly clause 21 verse (1) and verse (2) as well as clause 33 verse (3), which carries a maximum imprisonment of 5 years and a fine of 100 million rupiah (clause 40 verse (2)). Law enforcement against the rules above there are various obstacles because the perpetrators officials and rich people, the lack of facilities and infrastructure owned by officers police forces, and the low participation of the public to report violations of the crime. Habitats and the extinction of some species of these animals during the many that have been damaged or accidentally damaged by various act of a group of people who are not responsible. The biggest threat to the preservation of these animals is the human activity, mainly the conversion of forest land for construction purposes such as agriculture, mining, settlement expansion, transmigration and other infrastructure development
Pengesampingan UU Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik Terhadap Terpidana Pornografi Dalam Perkara Anak (Kajian Yuridis Empiris Putusan Nomor 5/ Pid.Sus-Anak/2016/Pn Pct)
Get PDFGlobalization is a real result of increasingly advanced human civilization in the field of science and technology (IPTEK), especially communication and information technology and electronic communications. One of the recent crimes of electronic communications is the loading of elements of pornography or cyberporn. To prevent this, the government passed Law No. 11 of 2008 on Information and Electronic Transactions (ITE). An example of a cyberporn case, surfaced through the verdict of Pacitan District Court number 5 / Pid.Sus-Anak / 2016 / PN Pct, dated May 31, 2016, with the convicted children. In this ruling, the judge referred to the Pornography Act, Criminal Code, Child Protection Law and Criminal Procedure Code (KUHAP). However, it does not touch the ITE Act. That is why, the background of this legal writing questioned the effort to waive the ITE Act, based on empirical juridical studies of the verdict. Hopefully, this writing is able to find out the cause of the waiver of UU ITE and the legal impact that arises, from the point of view of the decision. With the hope, able to provide input and develop theories, especially law enforcement of pornography against children using technology media, but has not touched the point of view of the Law on ITE.
The data in this writing was compiled through interviews with a single judge of the Pacitan District Court who passed the verdict, and the public prosecutor of the Pacitan District Attorney who gave the indictment as well as his demands. The results are then analyzed descriptively qualitative, by describing the condition or reality in the process of the ruling. Then parsed, identified, compiled and processed systematically. Culminates in the conclusions and suggestions of the authors by referring to relevant legal rules and related theories. The results of this writing, indicating that Decision Number 5 / Pid.Sus-Anak / 2016 / PN Pct depart from the indictment of the Public Prosecutor who refers to the provisions of the Pornography Act. Because the position of the convicts is still a child and student status, used the provisions that are considered quite light, in the hope of causing a deterrent effect. In addition, the provisions of the Pornography Act are considered easier to prove its criminal element. The verdict is also harmonized from the single indictment, namely returning the convicted child to the parents. It also shows that the Pornography Act is more dominant. Thus, if the ITE Act is enforced, and when the trial can not be proved its elements, it has the potential for fraudulent or unacceptable charges. As a result, the defendants can be declared free when objecting. The credibility of the Prosecutor is also questioned when such circumstances occur. Efforts to cause deterrent effect, should be accompanied by strict sanctions. Including, the judge's actions justify a single indictment, it should also be through in-depth review. For no guarantee of a single indictment can be justified. In this position the role of the Prosecutor is at stake. So the judge would be fairer in dropping the verdict.
Keywords: Electronic Information and Transaction Law, Pornography Crime, Child Case Decisio
- …
