scholarly journals KEWENANGAN KEJAKSAAN DALAM MENGAJUKAN PERMOHONAN PEMBATALAN PERKAWINAN (Suatu Penelitian di Kabupaten Aceh Besar)

2018 ◽  
Vol 7 (1) ◽  
pp. 108
Author(s):  
Mardiyah Mardiyah ◽  
Azhari Yahya
Keyword(s):  
Field Research ◽  
Empirical Approach ◽  
Public Prosecutor ◽  
Legal Certainty ◽  
Common Goal ◽  
Public Prosecution ◽  
The Public ◽  
The Future ◽  
Research Findings ◽  
Legal Consequence

This research aims to know the authority of the public prosecutor in applying the cancellation of marriage application at Mahkamah Syar’iyah Jantho. Article 22 of the Act Number 1, 1974 on Marriage states that a marriage bond might be cancelled if it failed to fulfill the requirement. However, in the practice at the Mahkamah Syariyah Jantho, the prosecutor has never been conducted such authority. This research aims to explore the reasons of the Public Prosecution Office has never been applying for the invalid marriage and legal consequence for the prosecution office when it fails to conduct its duties. This is field research, by using a juridical empirical approach. The research findings are the public prosecution office might apply for r the marriage cancellation towards marriage as ruled in Article 23 point c of the Marriage Act due to reasons for the Prosecution Office that has never been applying is due to the reason that there is no special explanation regarding the matter and there is different perception. The Prosecution Office or the prosecutor but it has implication over the ignorance of not applying the cancellation of marriage. Thus in terms of keeping the law is working, and preventing the offense committed in the future and there is legal certainty amongst people there should be  a common goal and aims in imposing law by law enforcers in responding the authority and the position of the public prosecution office  in applying the application of marriage cancellation.

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals DASAR TEORI KEWENANGAN PENYIDIK MAUPUN PENUNTUT UMUM DALAM MENGHENTIKAN PERKARA PIDANA

Yuridika ◽  
2010 ◽  
Vol 25 (3) ◽  
Author(s):  
Taufik Rachman
Keyword(s):  
Key Words ◽  
Police Officer ◽  
Public Interest ◽  
Public Prosecutor ◽  
Public Prosecution ◽  
The Public ◽  
Primary Difference ◽  
Reasonable Prospect

Based on literature studies, theoretical based for discontinue prosecution in Indonesia is hard to found. However, in develop countries such as US, England or Australia, theoretical based for discontinue prosecution can be identified as first, “realistic prospect of conviction” and second “prosecution on the public interest” theories. These two theories actually can be found in reasoning for SP3, SKPP and article 32 section c Prosecution Act. The primary difference is, in Indonesia, the discontinuity of public prosecution (SP3 and SKPP) is not discretional. In matters when the decision for discontinue the case appears, it put the Public Prosecutor and the Police Officer on dilemmatic position, such as in case No.04/Pi.Pralan/2008/PT.SBY and No. 01/Pdt.Praper/2005/PN.Sby. Reasonable prospect of conviction” or “prosecution on the public interest” should become guidance or theoretical based for discontinue prosecution in Indonesia.  Key words : SP3 and  SKPP, discretion.

scholarly journals Monitor WhatsApp conversations in Palestinian legislation and related guarantees

2020 ◽  
pp. 84-97
Author(s):  
Abdullah Deeb Mahmoud ◽  
Keyword(s):  
Private Life ◽  
Public Prosecutor ◽  
Public Prosecution ◽  
The Public ◽  
Electronic Evidence ◽  
The Right To Privacy ◽  
Court Judge ◽  
Control Procedures ◽  
The Right ◽  
And Control

Monitoring electronic conversations in general, including WhatsApp conversations, is an investigation that falls within the jurisdiction and control of the Public Prosecution. Obtaining the approval of a Magistrate’s Court judge to conduct the observation is considered one of the basic conditions for the validity of the observation procedure. It is of the importance of electronic conversations, which have become legally recognized electronic evidence of crimes of all kinds, as long as the proper legal path that the Palestinian legislator has been followed in obtaining them is followed, the records may be audible, read, or visible, and in particular Lee is considered to be of legal value, whether it represents evidence of conviction or innocence, as a judge can extract its value after reviewing it and reviewing its details, or use an expert to analyze it, especially if it is not clear. It should be noted that protecting the private life of individuals is a constitutional and universal principle that may not be violated by control procedures except to the limits set by the law, since the right to privacy is subject to restriction and is subject to derogation from it according to legal procedures, especially in order to access the truth and achieve justice in accordance with exceptional and strict procedures. It is permissible to violate it, it is not permissible to monitor and record the conversations unless there is a benefit from them for the appearance of the truth, after the approval of the Magistrate’s Court judge upon the request of the Public Prosecutor or one of his assistants to monitor communications and (WhatsApp) conversations and registrations and deal with them to search for Evidence for a felony or misdemeanor is punishable by imprisonment for a period of no less than a year.

scholarly journals Eksekusi Pembakaran/Penenggelaman Kapal Tindak Pidana Illegal Fishing Berbendera Asing Dalam Perspektif Sistem Peradilan Pidana

2020 ◽  
Vol 9 (4) ◽  
pp. 752
Author(s):  
Guntur Dirga Saputra
Keyword(s):  
Natural Resources ◽  
Court Decision ◽  
Public Prosecutor ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Illegal Fishing ◽  
Procedure Code ◽  
The Government ◽  
Legal Force

Indonesia's natural resources in the form of very wide waters pose a threat to the crime of illegal fishing. The prevention of these crimes is carried out by giving the investigator authority to sink / burn ships with foreign flags directly without a court decision having permanent legal force as regulated in Law 45/2009. This research is a normative legal research. The results of this writing explain that the sinking / burning of foreign-flagged ships by investigators is contrary to Article 28D Paragraph (1) of the 1945 Constitution which is hierarchically higher than Law 45/2009 and SPP regulated in the Criminal Procedure Code so that it does not provide justice and legal certainty because it has seized the rights of the suspect / defendant. The sinking / burning of the ship is the authority of the Public Prosecutor to carry out the execution after a court decision has permanent legal force which stipulates that evidence in the form of a ship is seized for destruction and is not under the authority of the investigator. The government and the DPR RI should revise Law 45/2009 to revoke the authority of investigators who can directly sink / burn ships and to the Prosecutor to coordinate and involve investigators to become witnesses in the execution. Kekayaan alam Indonesia berupa perairan yang sangat luas menimbulkan ancaman terjadinya tindak pidana illegal fishing. Penanggulangan kejahatan tersebut dilakukan dengan memberikan kewenangan kepada penyidik untuk melakukan penenggelaman/pembakaran kapal yang berbendera asing yang secara langsung tanpa putusan pengadilan yang berkekuatan hukum tetap sebagaimana diatur dalam UU 45/2009. Penelitian ini merupakan penelitian hukum normatif. Hasil penulisan ini menjelaskan bahwa Penenggelaman/pembakaran kapal berbendera asing oleh Penyidik bertentangan dengan Pasal 28D Ayat (1) UUDNRI 1945 yang secara hirarki lebih tinggi dari UU 45/2009 dan SPP yang diatur dalam KUHAP sehingga tidak memberikan keadilan dan kepastian hukum oleh karena telah merampas hak tersangka/terdakwa. Penenggelaman/pembakaran kapal merupakan kewenangan Jaksa Penuntut Umum untuk melakukan eksekusi setelah adanya putusan pengadilan yang berkekuatan hukum tetap yang menetapkan barang bukti berupa kapal untuk dirampas untuk dimusnahkan dan bukan merupakan kewenangan penyidik. Pemerintah dengan DPR RI agar melakukan revisi UU 45/2009 untuk mencabut kewenangan penyidik yang secara langsung dapat melakukan penenggelaman/pembakaran kapal dan kepada Jaksa agar melakukan kordinasi dan melibatkan penyidik untuk menjadi saksi dalam pelaksanaan eksekusi.

Public Prosecutors in Criminal Investigations

2021 ◽  
pp. 2-34
Author(s):  
Stefano Ruggeri
Keyword(s):  
Criminal Justice ◽  
Dominant Role ◽  
New Technology ◽  
Fundamental Rights ◽  
Criminal Investigation ◽  
Public Prosecutor ◽  
Judicial Cooperation ◽  
Public Prosecution ◽  
The Public ◽  
European Court

The purpose of this study is to analyze how public prosecutors act in pre-trial inquiries, and, therefore, how criminal investigation leads to the institution and carrying out of public prosecution. In every model of fair criminal justice, the initiation of a criminal trial entails enormous human, organizational and financial costs, which explains the need for pre-trial investigations. The features and dynamics of pre-trial inquiries vary considerably, however. Some jurisdictions grant the public prosecutor the power to direct a criminal investigation. In those criminal justice systems that still rely on an investigative judge or magistrate, the judicial authority holds the dominant role in the pre-trial inquiry. Still others allow law enforcement agents to operate without direct supervision from prosecutors or judicial authorities. Recent years have witnessed the increasing worldwide use of intrusive measures of investigation, unprecedented because of their hidden nature or their reliance on new technology. Legislative regulations of new investigative techniques have strengthened the reach of public prosecutors. All this leads us to view the public prosecutor’s legal action in pre-trial inquiries in terms of public prosecution after investigations interfere with fundamental rights of the individuals charged with suspicion of guilt. The case-law of the European Court of Human Rights contributes to this view of the relationship between criminal investigation and public prosecution.The investigative powers of public prosecutors are further strengthened in the field of transnational criminal justice. Judicial cooperation in the EU area in recent years provides significant examples of this phenomenon, such as a new, wide-ranging instrument of transnational evidence-gathering, known as the European investigation order. This framework contributed to the enhancement of the investigative powers of public prosecutorial services within EU countries, by treating public prosecutors as judicial officers. The new European Public Prosecutor’s Office also increased the powers of prosecutorial services in member nations when they cooperate with the EPPO in transborder cases.

PENDAMPINGAN PEMBUATAN AKTA IKRAR WAKAF BAGI MASJID-MASJID DI WILAYAH KECAMATAN RASAU JAYA KABUPATEN KUBU RAYA KALIMANTAN BARAT

Al-Khidmat ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 44-58
Author(s):  
Etika Rahmawati ◽  
Surianto Surianto
Keyword(s):  
Action Research ◽  
Participatory Action Research ◽  
Public Awareness ◽  
Legal Certainty ◽  
Participatory Action ◽  
Efficient Manner ◽  
The Public ◽  
Community Awareness ◽  
The Future

AbstrakPraktik wakaf yang terjadi saat ini belum berjalan tertib dan efisien. Hal ini dikarenakan adanya permasalahan yang muncul seperti: belum disertipikatkannya tanah wakaf yang dijadikan objek wakaf, atau seorang wakif yang telah melakukan ikrar wakaf secara lisan dihadapan ahli waris dan perangkat desa, tetapi belum melakukan ikrar wakaf kepada Pejabat Pembuat Akta Ikrar Wakaf (PPAIW) di Kantor Urusan Agama setempat. Inilah yang terjadi di Kecamatan Rasau Jaya, Kabupaten Kubu Raya. Terdapat ± 11 (sebelas) masjid dari total 36 (tiga puluh enam) masjid yang belum memiliki Akta Ikrar Wakaf. Kurangnya pemahaman dan ketidaktahuan serta kesadaran masyarakat mengenai Akta Ikrar Wakaf yang menjadi alasan untuk dilakukannya pendampingan secara langsung. Pendekatan dalam penelitian ini menggunakan metode PAR (Participatory Action Research). Tujuan pendampingan ini adalah untuk memberikan pemahaman tentang pentingnya Akta Autentik seperti Akta Ikrar Wakaf dan sertipikat tanah wakaf khususnya bagi masjid-masjid di Kecamatan Rasau Jaya. Kegiatan pendampingan ini juga memberikan solusi atau penyelesaian terhadap konflik yang berkaitan dengan Sertifikasi Tanah Wakaf di Kecamatan Rasau Jaya. Hasil pendampingan dapat dijadikan acuan teoritis dan praktis dalam pembuatan Akta Ikrar wakaf dan sertifikasi tanah wakaf, seperti: memberikan kepastian hukum tanah wakaf yang ada di Kecamatan Rasau Jaya sehingga digunakan dengan aman tanpa adanya sengketa di kemudian hari, munculnya kesadaran masyarakat akan pentingnya wakaf, Akta Ikrar Wakaf (AIW) dan sertifikat tanah wakaf, serta sosialisasi dan pelayanan yang optimal dapat diberikan kepada masyarakat melalui peran dan jabatan masing-masing Pejabat Pembuat Akta Ikrar Wakaf (PPAIW), Kantor Urusan Agama (KUA) serta Badan Pertanahan Nasional (BPN) Kabupaten Kubu Raya.AbstractThe practice of waqf that has not occurred in an orderly and efficient manner. This is due to problems that arise such as: the non-certification of waqf land which is used as the object of waqf, or a waqif who has made a pledge of waqf verbally before the heirs and village officials, but has not made a pledge of waqf to the Deed of Pledge Endowcement Officer (PPAIW) in The Local Religious Affairs Office. This is happened in Rasau Jaya District, Kubu Raya Regency. There are ± 11 (eleven) mosques out of a total of 36 (thirty-six) mosques that do not yet have the Endowment Pledge Deed. Lack of understanding and ignorance and public awareness about the Deed of Pledge of Waqf which is the reason for direct assistance. The approach in this study uses the PAR method (Participatory Action Research). The purpose of this assistance is to provide an understanding of the importance of authentic deeds such as the Pledge of Endowments and certificates of waqf land especially for mosques in Rasau Jaya District. This assistance activity also provides a solution or resolution to conflicts related to the Endowment Land Certification in Rasau Jaya District. The results of the assistance can be used as a theoretical and practical reference in making the Deed of Waqf Pledge and endowment land certification, such as: providing legal certainty of the waqf land in Rasau Jaya District so that it is used safely without any dispute in the future, the emergence of community awareness of the importance of waqf, Deed of Pledge Endowment (AIW) and endowment land certificates, as well as optimal socialization and services can be provided to the public through the roles and positions of each of the Acting Officials of Endowment Pledge Acts (PPAIW), The Religious Affairs Office (KUA) and The District National Land Agency (BPN) Kubu Raya.

scholarly journals THE ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA

2017 ◽  
Vol 4 (2) ◽  
pp. 244
Author(s):  
Sri Endah Wahyuningsih ◽  
Agus Sunaryo
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Attorney General ◽  
Public Prosecutor ◽  
Police Agency ◽  
Public Prosecution ◽  
The Public ◽  
Public Prosecution Service ◽  
The Republic

In fact, there are still many cases of corruption that have not been revealed; this resulted in the public to be pessimistic with the seriousness of the Prosecutor Office in uncovering variouscases of corruption that are happening today. The purpose of this study is to know the role ofthe Prosecutor Office in the eradication of criminal acts, to obtain an overview of the mechanismof corruption handling by prosecutors in Indonesia and to analyze the obstacles and solutionsin eradicating crime in the Attorney General. The research method was sociological juridical,and data collection were gained by using observation and interview. The existence and role ofthe Public Prosecution Service in eradicating corruption crime begins when the case has notbeen transferred to the Court until the execution of the decision of the Court. However, in thecriminal act of corruption the Prosecutor’s Office has the authority as a public prosecutor aswell as an investigator. The authority of the prosecutor as a special criminal investigator shall beregulated by Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia inArticle 30 paragraph (1) letter d. In addition, in its role against the eradication of corruption, theProsecutor’s Office has always conducted a coordination relationship with the Police Agency andthe Corruption Eradication Commission. The mechanism for handling corruption in the AttorneyGeneral Office, through several procedures already set out in the law includes Investigation,Investigation and Prosecution.

scholarly journals EVALUATION OF MEDICAL TOURISM IN PUBLIC HOSPITAL SERVICES

2015 ◽  
pp. 303-309
Keyword(s):  
Medical Tourism ◽  
Field Research ◽  
Public Hospitals ◽  
Chi Square ◽  
Turkish Republic ◽  
Face To Face ◽  
The Public ◽  
Hospital Patients ◽  
Research Findings ◽  
Obstetric Services

Evaluating the services of public hospitals in medical tourism in our country, to create data structures to improve. The research is descriptive and field research. The questionnaire was used as data collection tool. The population of the research was public hospitals in Ġstanbul. It has yet to determine the sample. All were included in the study of the universe. Surveys have been applied to the hospital executives face to face. Serving a total of 62 public hospitals in Istanbul has reached 60 from the administrator. Data were analyzed by SPSS software package was used. Demographic information obtained as a result of the implementation of the survey percentage (%) and number of people (n) taking statements have been prepared. In the analysis of data obtained from the survey; frequency distribution, mean, standard deviation, chi-square (χ2) test was conducted as required statistical analysis. According to the research findings; from abroad, especially from June to July and August in the patients (86.7%) were admitted to hospitals and reference is made to themselves (90%) were determined. Patients are often admitted to the eye and obstetric services (40%), the majority (91.7%) of the patients and 46.7% from the Turkish Republic of Germany. If Turkey is found to be effective in the choice of the price with a rate of 96.7%. These results indicate that the desired level yet in the public hospitals of health tourism.It shows that we are more advanced in their health tourists. Foreign patients, especially the Public Hospitals have to choose when they come to Turkey. Choice of hospital activity in patients, beds, staff and a similar number of properties have been found to be no effect. When assessing overseas promotion activities for both types of hospital patients it has been identified where there aren‘t serious efforts. For this purpose, the Internet, magazines, newspapers, brochures or tour operators visit methods were used. In our country, it is necessary to increase the awareness level of the public hospitals in medical tourism. Management and organization structure, together with physical conditions must arrange accordingly. Need to develop promotional activities. For this, they need to do serious work with academics and industry representatives of the relevant ministries.

scholarly journals YURIDIS TERHADAP TINDAK PIDANA PENGANCAMAN YANG DILAKUKAN SECARA BERSAMA-SAMA

2018 ◽  
Vol 2 (2) ◽  
pp. 119-134
Author(s):  
Al Furqon
Keyword(s):  
Criminal Law ◽  
Field Research ◽  
Criminal Code ◽  
District Court ◽  
Public Prosecutor ◽  
State Court ◽  
Criminal Offence ◽  
The Public ◽  
Court Judge ◽  
Using Data

This research was carried out at the Makassar District Court in Makassar, with research methods using data collection techniques by means of research library and field research. The results of this research indicate that all the elements of a criminal offence committed by the pengancaman the second defendant had sesuasi with the elements contained in article 335 of the PENAL CODE with Article 55 paragraph (1) of the CRIMINAL CODE. This is apparent from satisfy all the elements in accordance with the article didakwakan on the defendant. Article didakwakan, namely Article 335 paragraph (1) of the CRIMINAL CODE. With satisfy the elements and look at the application of the criminal law against the crime pengancaman, then the defendant must account for his actions in accordance with the ruling of the District Court Judges deposed by the Makassar imprisonment of three (3) months and pay the fees. In deciding the matter State Court judge Makassar has pretty much consideration, starting from the demands of the public prosecutor, the accused, description of witnesses, as well as satisfy the elements pursuant to article didakwakan, as well as the things that are incriminating and relieve. So defendants are convicted with imprisonment for 3 (three) months and pay the fees, not fully contain the benefit law. Considering the act committed by the two defendants, then according to the author, the criminal who dropped by the Tribunal of judges rated very lightly.  

The Superfluous Congress

2021 ◽  
Vol 37 (1) ◽  
pp. 93-122
Author(s):  
Mónica Unda Gutiérrez
Keyword(s):  
Agenda Setting ◽  
Tax Reform ◽  
Field Research ◽  
Legislative Process ◽  
Business Sector ◽  
Fiscal Capacity ◽  
The Public ◽  
Mexican State ◽  
Research Findings ◽  
Original Field

This paper analyzes the roles played by the legislative, executive, and business sector in Mexico’s 2013 tax reform, drawing on original field-research findings. I examine each of these actors’ influence over the public period of congressional debate, as well as the typically invisible agenda-setting stage and the adoption of executive decrees following the legislative process. I find that Congress remains subordinated to the executive in budgetary matters and that business is more central in shaping the details of the tax bill. The tax reform achieved little, leaving the overall fiscal capacity of the Mexican State largely unchanged.

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