scholarly journals Pertimbangan Hakim dalam Putusan Perkara Penadaan Mobil

2021 ◽  
Vol 2 (2) ◽  
pp. 241-245
Author(s):  
Ida Bagus Mayun Andika Putra ◽  
Nyoman Gede Sugiartha ◽  
I Nyoman Subarnia

Cases in vehicle catching often occur given the increasing number of vehicle production increases. Someone commits the crime of motor vehicle theft because they want to own it, but the economy does not allow it to buy legally. One of the efforts to realize this is through restructuring because the price is much cheaper than the official price. The purpose of this research is to reveal the judges' considerations in the decision of car arresting cases and the criminal sanctions for car arresting offenders. The research method used is a normative research method with a conceptual approach and a case approach. The sources of legal materials used are primary and secondary sources of law. The technique of collecting legal materials is done by recording, quoting, reading, and summarizing the literature that refers to the judge's consideration in the decision of the car arresting case. After the legal materials are collected, they are analyzed systematically. The results of the study reveal that Article 480 of the Criminal Code is used as a criminal sanction for detention if the defendant is found guilty.

2021 ◽  
Vol 2 (3) ◽  
pp. 490-495
Author(s):  
I Gede Agus Dedy Andika ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Puspasutari Ujianti

Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.


2020 ◽  
Vol 1 (1) ◽  
pp. 207-213
Author(s):  
Ida Bagus Agung Pariama Manuaba ◽  
I Nyoman Sujana ◽  
Ni Made Sukaryati Karma

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.


2021 ◽  
Vol 2 (3) ◽  
pp. 667-672
Author(s):  
Cipta PutraI Ketut Wira Cipta Putra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma

Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah


2018 ◽  
Vol 3 (2) ◽  
pp. 99-110
Author(s):  
La Ode Bunga Ali ◽  
Muh Sutri Mansyah

Currently, the country of Indonesia is experiencing unresolved narcotics problems. various efforts to eradicate and prevent narcotics have been done, but have not caused a deterrent effect in law enforcement. There is a difficulty in eradicating it to its roots, it becomes one of the obstacles experienced by our law enforcement officers, in this study using normative juridical research method with historical approach, conceptual approach which has been studied the customary criminal sanction which is applicable during the reign of the buton sultanate and obstacles in the application of gogoli punishment. The results of this study indicate that the renewal of national criminal law in relation to criminal sanctions may originate from customary law prevailing in the sultanate of buton as intended is gogoli punishment, while the concept of gogoli punishment is a rope encircled on the body of a person convicted and withdrawn by in opposite direction until the loss of endurance or death, the punishment is included in the type of death penalty, this is relevant to immigrants who commit a narcotics criminal act in Indonesia which has been sentenced to death several times but apparently until now still not cause effects, the authors has the hope that the punishment can be applied nationally considering narcotic criminal acts that occur almost throughout the region and will damage the morale of the nation today.


2018 ◽  
Vol 3 (1) ◽  
pp. 45
Author(s):  
Jurna Petri Roszi

This article aims to describe the problems of the application of criminal sanctions against polygamy committed illegally in the middle of society. Regardless of the controversy of agreeing and disagreeing, the issue of polygamy is a reality that occurs in society. The purpose of polygamy is the same as the purpose of marriage itself, that is worship. However, when the issue of marriage, that in is fact private law, violates the provisions, then the perpetrators may be subjected to criminal sanctions. Criminal sanctions imposed on illegal polygamists are very diverse. This is supported by the attitude of government's ambiguity in viewing illegal polygamy. The Government's doubt and uncertainty in viewing the illegal act of polygamy has implications for the inherent criminal sanctions against the act, strangely the criminal sanction inherent in the law depends on the degree to which the regulations are looked at. This research uses normative law research method whith normative juridical approach. The results of illegal polygamy research is not seen as overspel acts that can be threatened with criminal provisions Article 284 of the Criminal Code because the element of overspel is not the same as polygamy. Polygamy remains a legitimate marriage as the norms contained in the Law No.1 of 1974 onmarriage.Nevertheless the marriage of polygamy must still fulfill the terms and conditions as determined by the Law No.1 of 1974.


2021 ◽  
Vol 2 (3) ◽  
pp. 651-655
Author(s):  
Ngakan Made Wira Diputra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani

Crime on this earth will never end. The most frequent criminal treatment in the community is the crime of fraud related to an object. The crime of fraud has been regulated starting from Article 378 to Article 395 of the Criminal Code. This study aims to examine the criminal sanctions against the crime of fraud in the sale and purchase of land and reveal the judges' considerations against the perpetrators of the crime of fraud in the sale and purchase of land according to the case study: Decision No. 74/Pid.B/2017/PN Gin. This study uses a normative legal research method with a legislation approach and a case study approach. The legal materials used are primary and secondary legal materials collected by library and interview techniques. Furthermore, the research data was processed and analyzed descriptively qualitatively. The results of the study revealed that the criminal sanction applied was in the form of a principal sentence by looking at the indictment of the public prosecutor which applied more to Article 378 of the Criminal Code so that in the case study the defendant was sentenced to a year in prison. The Panel of Judges made this decision after hearing statements from the defendant, victim witnesses, and evidence presented by the public prosecutor


Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 187
Author(s):  
Pebry Dirgantara

Identifying witness is a person who introduces the identity of the person to the notary. Identifying witnesses are also needed in making deeds if the parties have advanced age or have weak memory. In UUJN-P Article 40 paragraph (2) only states the conditions can be a witness in the deed. In Article 39 of the UUJN-P it is not explained about the position of the witnesses and the responsibility of the witnesses to the truth of the information regarding the identities of the viewers, in this case it can be said as the obscurity of legal norms. This study uses a normative juridical research method. The approach used in this study is through the law approach (statue approach), conceptual approach (conceptual approac) and case approach (case approach). The legal material collection technique is through library research relating to identifying witnesses in making authentic deeds. The techniques for analyzing legal materials used are description, interpretation, and argumentation. The position of the identifying witness is the person who introduces the notary to the viewer. The witness present here has a role in making authentic deeds as the person who introduces the applicants to the notary. The duty of the identifying witness is to introduce the viewers based on the identity of the viewer in the form of a valid National Identity Card. The witness here is not responsible for the contents of the authentic deed. Identifying witnesses can be held criminally responsible if they deliberately provide false information to the notary regarding the identity of the viewers in the process of making a deed. The criminal witness given to the witness is an criminal sanction in the form of a prison. Can ask for accountability because the witness is the person who first introduced the viewers to the notary and there are elements of error, the element of loss and the existence of elements of cause and effect. Pihak yang memperkenalkan identitas dari para penghadap kepada notaris disebut sebagai saksi pengenal. Saksi pengenal juga diperlukan dalam pembuatan akta apabila para pihak sudah berumur lanjut atau sudah memiliki daya ingat yang lemah.  Dalam UUJN-P Pasal 40 ayat (2) menentukan syarat saksi pengenal pada akta. Pasal 39 UUJN-P tidak menerangkan kedudukan dan tanggungjawab saksi pengenal. Penelitian yuridis normatif merupakan metode yang digunakan dalam penelitian ini. Pada penelitian ini menggunakan pendekatan undang-undang (statue approach), pendekatan konseptual (conceptual approach) dan pendekatan kasus (case approach). Adapun teknik pengumpulan bahan hukum yang digunakan yakni berdasarkan teknik kepustakaan yang berhubungan dengan saksi pengenal dalam pembuatan akta autentik. Teknik deskripsi, interprestasi serta argumentasi merupakan teknik analisis bahan hukum yang diterapkan dalam penelitian ini. Kedudukan dari seorang saksi pengenal dalam suatu akta autentik yakni sebagai pihak yang memperkenalkan para pihak sebagai penghadap kepada notaris, maka dapat dikatakan seorang saksi pengenal mempertegas keterangan yang diberikan oleh penghadap kepada notaris. Dapat dikatakan saksi pengenal memiliki tugas untuk memperkenalkan para penghadap sesuai dengan Kartu Tanda Penduduk yang berlaku. Terhadap isi akta yang dibuat, saksi pengenal tidak memiliki tanggung jawab. Pertanggungjawaban saksi pengenal secara pidana hanya dapat dikenakan apabila ia memberikan keterangan palsu terhadap identitas para penghadap. Saksi pidana yang diberikan kepada saksi pengenal adalah sanksi pidana berupa penjara dikarenakan saksi pengenal disini yang dianggap lebih mengetahui identitas dari penghadap.


2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution


2021 ◽  
Vol 58 (1) ◽  
pp. 5398-5407
Author(s):  
Ishaq, Maratun Saadah

This study aims to contribute to Islamic law regarding the criminal sanction of abortion in the Criminal Code (KUHP) as an effort to reform Indonesian criminal law. The method used is comparison, with data collection carried out by library research, by studying Islamic legal literature, interpretation of the Quran (tafsir), hadith, Criminal Code, and the Draft of Criminal Code. The sanctions for abortion in articles 346, 347, 348 and 349 of the Criminal Code are only imprisonment, not accompanied by fines. According to Islamic law these sanctions are not sufficient, because they tend to make the perpetrators not deterred, as a result the purpose of punishment is not achieved. Therefore, it needs to be updated by including the value of Islamic legal sanctions in the form of fines (diat), so that the purpose of punishment can be achieved.


2020 ◽  
Vol 1 (2) ◽  
pp. 421-425
Author(s):  
I Made Ari Nurjaya ◽  
I Nyoman Sumardhika ◽  
Ida Ayu Putu Widiati

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.


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