scholarly journals General Confiscation on Bankcrupty and Confiscation on Criminal Verdict

Rechtsidee ◽  
2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Victoria Pasari Putri
Keyword(s):  
Large Scale ◽  
Criminal Procedure ◽  
Small Scale ◽  
Legal Certainty ◽  
Debt Problem ◽  
Procedure Code ◽  
Principle Of Proportionality

General confiscation of bankruptcy and criminal confiscation often occur simultaneously, this has led to debate on both sides between the prosecutor and the curator. Prerihal who is most entitled to the property of palilit and confiscated goods into a long discussion. However, if explained clearly, it will be found that public confiscation can precede criminal confiscation. In this journal, the author tries to discuss the substance and outline of the forgery by using normative writing procedures and applicable statutory regulations. In terms of the benefits of the debt and debt problem can be resolved as soon as possible and as fair as possible so that the economy is disrupted, both economies of a small scale and economies of large scale by continuing to pay attention to the Principle of Proportionality which consumes rights and obligations so that everything is in context and achieves goals that are expected to be fair to every one. In terms of legal certainty, Article 31 of the KPKPU Law that mentions all confiscations, appointed when the debtor's bankruptcy is pronounced is a new regulation and a special regulation compared to the confiscation of criminal provisions contained inArticle 39 paragraph (2) of the Criminal Procedure Code.

scholarly journals Analisis Hukum Penahanan Terhadap Tersangka di Masa Pandemi Covid-19 Pada Polsek Delitua

2021 ◽  
Vol 4 (1) ◽  
pp. 384-397
Author(s):  
Zulkifli Harahap ◽  
Edi Warman ◽  
M. Citra Ramadhan
Keyword(s):  
Environmental Factors ◽  
Government Regulation ◽  
Large Scale ◽  
Social Assistance ◽  
Secondary Data ◽  
Criminal Procedure ◽  
External Factors ◽  
Causal Factors ◽  
Legal Rules ◽  
Procedure Code

The purpose of this study was to analyze the legal rules governing the causal factors and actions taken by the Delitua Police in the event of a criminal act during the Covid-19 pandemic. This type of research is normative juridical research, namely research conducted by examining library materials (secondary data) or library law research. The results showed that the legal rules governing criminal acts that occurred during the Covid 19 period were regulated in government laws and regulations, namely the 1945 Constitution, the Criminal Procedure Code, Law No. 2 of 2002 concerning the police, Government Regulation No. 21 of 2020 concerning Large-Scale Social Restrictions (PSBB) during the Covid period as well as other supporting regulations such as Presidential Regulations, Presidential Instruction, Governor Regulations, and Chief of Police Decrees. The factors that caused perpetrators to commit crimes during the Covid period were inter-factors, namely religion, economy and poverty as well as education, as well as external factors consisting of environmental factors, promiscuity and lack of government attention in providing social assistance. Efforts to tackle the occurrence of criminal acts during the Covid period, namely by making penal and non-penal efforts by providing counseling and socialization about maintaining health, washing hands, wearing masks for prison visitors, providing social assistance to each community equally.

KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA

2019 ◽  
Vol 2 (2) ◽  
pp. 414
Author(s):  
Jhon Pridol ◽  
Firman Wijaya
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Legal Certainty ◽  
Travel Agent ◽  
Procedure Code ◽  
The Law ◽  
Court Proceedings ◽  
The Ideal

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.

scholarly journals Keabsahan Putusan Pengadilan yang Belum Inkracht sebagai Novum dalam Pengajuan Peninjauan Kembali

2019 ◽  
Vol 6 (2) ◽  
pp. 138
Author(s):  
Hardy Salim ◽  
Yoefanca Halim ◽  
Adriel Michael Tirayo
Keyword(s):  
Judicial Review ◽  
Research Method ◽  
Criminal Procedure ◽  
Court Decisions ◽  
Legal Certainty ◽  
Procedure Code ◽  
Legal Force

<p>A judicial institution has criteria that must be met, namely principles that are open, corrective, and recordive. The broadest opportunity to submit corrections and recordings of decisions that have permanent legal force (inkracht) deemed unfair by justice seekers can be done through a Judicial Review. However, the Judicial Review is very limitative, one of them with the requirement for novum. But the regulation of conditions can be said to be a condition as a novum not strictly regulated. By looking at this matter, the research is carried out with the aim of finding out the validity of court decisions which have not been inkracht as novum in the submission for reconsideration. This study is using a normative research method. In conclusion, court decisions that have not been inkracht as novum in submitting judicial review are valid because they need to prioritize the value of justice and truth before legal certainty. As long as the prerequisites in Article 263 paragraph (1) of the Criminal Procedure Code have been fulfilled, and one of the requirements in paragraph (2) has been fulfilled.</p>

scholarly journals ANALISIS UPAYA HUKUM KASASI OLEH JAKSA PENUNTUT UMUM TERHADAP PUTUSAN BEBAS

2021 ◽  
Vol 3 (2) ◽  
pp. 88-93
Author(s):  
Munarty Munarty ◽  
Marwan Mas ◽  
Ruslan Renggong
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
Equal Treatment ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Procedure Code ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Republic

Secara teori, Jaksa Penuntut Umum (JPU) tidak diperkenankan mengajukan upaya hukum kasasi terhadap vonis bebas sebagaimana diatur dalam Pasal 244 KUHAP. Namun dalam praktek selama ini, Jaksa Penuntut Umum telah beberapa kali mengajukan kasasi terhadap putusan bebas dan beberapa di antaranya di kabulkan oleh Mahkamah Agung. Hal ini terjadi karena larangan mengajukan kasasi atas vonis bebas sebagaimana diatur dalam Pasal 244 KUHAP terkesan multitafsir sehingga menimbulkan perbedaan pendapat dalam penerapannya. Kondisi semacam ini sangat berseberangan dengan prinsip-prinsip Negara Hukum, khususnya dalam Upaya mewujudkan kepastian hukum. Atas dasar itulah, Mahkamah Konstitusi melalui putusannya dengan nomor 114/PUU-X/2012 menyatakan bahwa Frasa “kecuali terhadap putusan bebas” sebagaimana tercantum dalam Pasal 244 Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (KUHAP) adalah bertentangan dengan UUD Negara Republik Indonesia tahun 1945. Menurut pertimbangan hukum Mahkamah Konstitusi, larangan mengajukan kasasi atau Putusan Bebas oleh Jaksa Penuntut Umum tidak memberikan upaya hukum biasa terhadap putusan bebas serta menghilangkan fungsi Mahkamah Agung sebagai Pengadilan Kasasi terhadap Putusan Bebas, sehingga tidak tercapai kepastian hukum yang adil dan prinsip perlakukan yang sama di hadapan hukum. In theory, public prosecutors (JPU) are not allowed to file a cassation against the acquittal as stipulated in Article 244 of the Criminal Procedure Code. However, in practice so far, Public Prosecutors have several times filed an appeal against the acquittal decisions and some of them have been granted by the Supreme Court. This occurs because the prohibition on filing an appeal for an acquittal as stipulated in Article 244 of the Criminal Procedure Code has multiple interpretations, which creates different opinions in its application. This kind of condition is very contrary to the principles of rule of law, especially in the effort to create legal certainty. On that basis, the Constitutional Court through its decision number 114 / PUU-X / 2012 stated that the phrase "except for free decisions" as contained in Article 244 of Law Number 8 Year 1981 concerning Criminal Procedure Law (KUHAP) is contrary to the 1945 Constitution of the Republic of Indonesia. According to the legal considerations of the Constitutional Court, the prohibition against filing an appeal or Free Decision by Public Prosecutors does not provide ordinary remedies against free decisions and eliminates the function of the Supreme Court as a Cassation Court against Free Decisions, so that fair legal certainty is not achieved and the principle of equal treatment in the law.

House arrest in the system of procedural preventive measures against minors (in genesis)

2020 ◽  
Vol 2020 (3) ◽  
pp. 133-139
Author(s):  
Ol'ga Tuchina
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
House Arrest ◽  
Procedure Code ◽  
Scientific Analysis ◽  
The Russian Federation

To implement the norms of international law into the practice of Russian legal system while choosing a preventive measure against an accused minor or a suspect, to decide on the most humane preventive measure is the issue of great importance. This position is reflected in Art. 423 of the Criminal Procedure Code providing the fundamental foundations of criminal procedure provisions concerning preventive measures against minors. When making a decision on restraint measures related to isolation from society, the possibility of applying an alternative, more humane preventive measure should be taken into account. The article describes the ratio of house arrest to detention. It has been justified that in the system of preventive measures house arrest should be recognized as a measure not related to isolation from society, and as a more common alternative to detention. The legislator periodically attempts to improve the procedural situation of minors involved in criminal procedure. Problems are connected with unstructured placement of norms regarding juvenile suspects and accused in the Criminal Procedure Code of the Russian Federation. Secondly, it is linked with the absence of features of house arrest of minors. All this makes the author state that despite the large-scale judicial and legal reform, the legal regulation of preventive measures against minors needs to be further improved. The subject of the study is a scientific analysis of the sources of criminal procedure legislation on the legal regulation of house arrest in the system of preventive measures against minors. The purpose of the study is to provide scientific analysis of the features of house arrest applied to minors and to form an author’s position on this issue. Research methods cover systemic analysis, structural, logical, and comparative scientific methods. The results achieved are the analysis of the system of preventive measures against minors with the identification of the specifics of house arrest, the recognition of this measure as a preventive means not related to isolation from society, and the formation of the author’s version of the norm of the Criminal Procedure Code of the Russian Federation governing this preventive step.

scholarly journals Analisis Ketidak Efektifan Prosedur Penyelesaian Hak Restitusi Bagi Korban Tindak Pidana Perdagangan Manusia (Trafficking)

2020 ◽  
Vol 20 (1) ◽  
pp. 43-58
Author(s):  
Lukman Hakim
Keyword(s):  
Human Trafficking ◽  
Criminal Procedure ◽  
Legal Aspects ◽  
Legal Certainty ◽  
Procedure Code ◽  
Trafficking Victims

This paper discusses the problem of ineffective procedures in resolving rights for victims of human trafficking resulting from dualism in its resolution. Although there is the provision of restitution for trafficking victims in Law Number 21 of 2007 concerning the Eradication of Trafficking in Person (TPPO), in the process of granting restitution it encountered some obstacles. The provision of compensation, in general, is also regulated in the Criminal Procedure Code (KUHAP), in which it provides more certain legal aspects for trafficking victims, even though there are also some obstacles when associated with human trafficking cases. The purpose of this paper is to evaluate the restitution for human trafficking victims to provide legal certainty and justice. Keyword: restitution, trafficking Abstrak Paper ini membahas mengenai adanya permasalahan ketidak efektifan dalam prosedur penyelesaian hak restitusi bagi korban tindak pidana perdagangan manusia (trafficking) yang diakibatkan adanya dualisme dalam penyelesaiannya. Meskipun sudah ada ketentuan pemberian restitusi bagi korban trafficking sebagaimana yang terdapat dalam Undang-Undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang (TPPO), namun dalam proses pemberian restitusi berdasarkan ketentuan undang-undang ini masih banyak menimbulkan kendala. Sementara ketentuan pemberian ganti rugi secara umum juga diatur dalam Kitab Undang-Undang Hukum Acara Pidana (KUHAP) dan ketentuan ini lebih memberikan aspek kepastian hukum bagi korban trafficking, sekalipun juga ada beberapa kendala jika dikaitkan dengan kasus trafficking yang terjadi selama ini. Tujuan dari tulisan ini adalah menciptakan kepastian hukum dan keadilan dalam hal pemberian restitusi bagi korban kasus trafficking. Kata kunci: restitusi, tindak pidana perdagangan manusia.

KAJIAN HUKUM TERHADAP PERAN PEMERINTAH KOTA SAMARINDA DALAM PEMBERIAN BANTUAN HUKUM

2017 ◽  
Vol 9 (1) ◽  
pp. 14
Author(s):  
Abdul Mukmin Rehas
Keyword(s):  
Criminal Procedure ◽  
Criminal Code ◽  
Equal Treatment ◽  
Legal Assistance ◽  
Legal Certainty ◽  
Legal Aid ◽  
The Public ◽  
Procedure Code ◽  
The Law ◽  
The Republic

Constitution of the Republic of Indonesia Year 1945 which is the country's constitution has given recognition, guarantees, protection and legal certainty as well as equal treatment of all citizens before the law (equality before the law). In fact, the application of the principle of Equality Before The Law in Indonesia is still lacking. In the Code of Criminal Procedure (Criminal Procedure Code) only for the granting of legal aid free of charge only if the crime committed is punishable by imprisonment of 5 years or more, while if it is less than 5 years, while if the penalties are less than 5 years then the public will not get legal aid free of charge. The enactment of Law No. 16 of 2011 on the Legal Aid eliminating restrictions as stipulated in the Criminal Code, so that people can obtain legal assistance free of charge to the entire process of both the Criminal and Civil law for the sake of the implementation of the principle of Equality Before The Law.

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