scholarly journals Praperadilan Terhadap Penetapan Status Tersangka Tindak Pidana Korupsi oleh Komisi Pemberantasan Korupsi

2021 ◽  
Vol 1 (2) ◽  
pp. 82-103
Author(s):  
Claudia Permata Dinda ◽  
Usman Usman ◽  
Tri Imam Munandar
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Procedure Code ◽  
The Status ◽  
Protection Of Human Rights

ABSTRAK Praperadilan yang diatur dalam KUHAP menjamin perlindungan HAM dan aparat penegak hukum dalam menjalankan tugas dan kewenangannya secara konsekwen. Lembaga praperadilan telah menciptakan mekanisme kontrol sebagai lembaga yang berwenang melakukan pengawasan terhadap kinerja aparat penegak hukum dalam menjalankan tugasnya guna tercipta proses peradilan pidana yang baik. Terkait dengan penegakan hukum dan pemberantasan korupsi, Komisi Pemberantasan Korupsi merupakan lembaga yang diamanatkan oleh undang-undang dengan wewenangnya untuk menetapkan status tersangka guna proses penyelidikan dan penyidikan tindak pidana korupsi. Penelitian ini bertujuan untuk mengetahui akibat dari perluasan objek praperadilan atas penetapan status tersangka terhadap KUHAP dan mengetahui akibat dari perluasan objek praperadilan terhadap penetapan status tersangka tindak pidana korupsi oleh KPK. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian yuridis normatif melalui pendekatan konseptual, pendekatan peraturan perundang-undangan dan pendekatan kasus. Sebelumnya, sah atau tidaknya penetapan status tersangka oleh KPK bukan merupakan objek praperadilan, namun melalui Putusan Mahkamah Konstitusi Nomor 21/PUU-XII/2014 praperadilan telah berwenang memeriksa sah atau tidaknya penetapan status tersangka. Hal ini menjadi sebuah pembaharuan dalam Hukum Acara Pidana di Indonesia. ABSTRACT Pretrial regulated in the Criminal Procedure Code guarantees the protection of human rights and law enforcement officers in carrying out their duties and authorities consistently. The pretrial institution has created a control mechanism as an institution authorized to supervise the performance of law enforcement officers in carrying out their duties in order to create a good criminal justice process.This study aims to determine the effects of the expansion of pretrial objects over the determination of the status of suspects against the Criminal Procedure Code and to determine the consequences of expanding pretrial objects to determine the status of suspected criminal acts of corruption by the KPK. The research method used in writing this thesis is a normative juridical research method through the conceptual approach, the statutory approach and the case approach. Previously, the KPK was not a pretrial object or not, but through the Constitutional Court Decision Number 21 / PUU-XII / 2014 the pretrial had the authority to examine whether or not the status of the suspect was determined. This has become a renewal in the Indonesian Criminal Procedure Code.

scholarly journals Pre-Trial Authority after the Decisions of the Constitutional Court No.21-PUU-XII-2014

2019 ◽  
Vol 6 (2) ◽  
pp. 357
Author(s):  
Deddi Diliyanto ◽  
Zainal Asikin ◽  
Amiruddin Amiruddin
Keyword(s):  
Criminal Procedure ◽  
Legal Issues ◽  
Constitutional Court ◽  
Legal Interpretation ◽  
Conceptual Approach ◽  
The Past ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Subjects

The pre-trial scope has actually been limited by Article 77 of the Criminal Procedure Code. However, the development of the law for the past 5 (five) years has broken through the boundary and preceded the discussion of the Draft Criminal Procedure Code. The expansion of the pre-trial scope, especially regarding the determination of suspects, was started before the Constitutional Court Decision No. 21/PUU-XII/2014 was issued. This research is normative legal research. It utilizes statute approach, conceptual approach and case approach. Based on the statement that the category of legal issues is a vague norm, the analytical instrument used is historical legal interpretation. The results of this study are to expand the pre-trial authority to examine and decide: 1) whether the determination of the suspect is valid; 2) whether the search is valid; dan 3) whether the seizure is valid. In addition, the pre-trial authority in judicial practice is extended to the inability of investigators to conduct investigations to the suspects (the legal subjects).

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Kedudukan dan Pelaksanaan Fungsi Legislasi Dewan Perwakilan Daerah Pasca Putusan Mahkamah Kontitusi Nomor 79/PUU-XII/2014

SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 356
Author(s):  
Garciano Nirahua
Keyword(s):  
Research Method ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
State Administration ◽  
The Status ◽  
Local Representative ◽  
Normative Perspective ◽  
Legislative Institutions ◽  
Descriptive Qualitative

The Local Representative Council is one of barometers of reformation success in Indonesian state administration. as the Local Representative Council becomes a new legislative institution that will strengthen and work closely with previously-established legislative institutions (People's Representative Council). This study aims to: (1) find out and identify the status of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court; and (2) find out and identify the implementation of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results show that the constitutional authority of Indonesian Local Representative Council as a legislator institution is still very weak. Since the decision of Constitutional Court was read, from normative perspective, there is no any legislation change, either in planning, proposing, or discussing the regulation draft in the Indonesian Parliament, related to the authority of Indonesian Local Representative.

scholarly journals Juridical Analysis of Implementation of a Virtual Trials for Criminal Case during the Covid-19 Pandemic

2021 ◽  
Vol 04 (07) ◽  
Author(s):  
Abdul Mukti ◽  
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Case Review ◽  
Conceptual Approach ◽  
Government Regulations ◽  
Face To Face ◽  
Normative Approach ◽  
Adjustment Mechanism ◽  
Procedure Code ◽  
The Supreme Court

The COVID-19 pandemic has led to changes in human order and patterns of life by implementing a new normal life. One of those affected is the law enforcement sector in Indonesia. Enforcement of Criminal Law ultimately applies an adjustment mechanism when conducting a case review in court. If during this time the examination of the case bases KUHAP with face-to-face directly methods, then with COVID-19 turn it into a mechanism of remote trial electronically (virtual) using the Supreme Court Regulation (PERMA) as the basis. Further research is needed to ensure the legality of the use of PERMA in the application of such electronic hearings. This research method is a normative approach that combines conceptual approach in the form of prevailing views and doctrines, statute approach by attracting conformity between rules, sociological, philosophical, juridical and case approach as a form of implementation or application of norms. The results of the study stated that PERMA is a legal product that is legally binding and have binding legal force. It's just that the arrangement of this virtual trial needs to be raised to the level of law so that it has parallels with Criminal Procedure Code (KUHAP), or at has the force of law least can be proposed to the President to be published into Government Regulations in Lieu of Laws or Peraturan Pemerintah Pengganti Undang-Undang (Perppu).

scholarly journals Kajian Yuridis Dasar Hukum Jaksa Penuntut Umum Melakukan Upaya Hukum Kasasi Terhadap Putusan Bebas (Vrijspraak) Dalam Sistem Peradilan Pidana Indonesia

2019 ◽  
Vol 5 (2) ◽  
Author(s):  
Heru Drajat Sulistyo
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Court Decision ◽  
Public Prosecutor ◽  
Constitutional Court ◽  
Legal Basis ◽  
Data Types ◽  
The Public ◽  
Procedure Code

This study discusses theoretically normative about the appeal made by the Public Prosecutor on the verdict free (vrijspraak) in the Indonesian Criminal Justice System intended to find solutions to the juridical problems arising from the acquittal. The problem in this study, namely: What is the legal basis for the Public Prosecutor to conduct an appeal against the verdict (vrijspraak). The research method used is a normative legal research method and uses secondary data types, including primary legal materials, secondary legal materials and tertiary legal materials collected through library studies, print media, electronic media. The results of the research study, namely: the legal basis of the Public Prosecutor conducting an appeal against the verdict (vrijspraak) is the Decree of the Minister of Justice of the Republic of Indonesia Number M.14-PW.07.03 of 1983 dated December 10, 1983 concerning Supplementary Guidelines for the Implementation of the Criminal Procedure Code (item 19) . Then the Supreme Court Decree Reg. no: 275 K / Pid / 1983 in the Raden Sonson Natalegawa case was the first decision to be born as jurisprudence for a free verdict after the entry into force of the Criminal Procedure Code. Furthermore, the Constitutional Court Decision Number 114 / PUU-X / 2012 dated March 28, 2013. The existence of the Constitutional Court Decision Number 114 / PUU-X / 2012 dated March 28, 2013, the public must accept the Public Prosecutor is contested with legal action to appeal against the acquittal (vrijspraak).

scholarly journals The role of the Crown Witness in the Process of Proving Criminal Cases in Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 21-39
Author(s):  
Ismail Ghonu ◽  
Andi Muhammad Sofyan ◽  
Nur Azisa
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Standard Of Proof ◽  
Procedure Code ◽  
Criminal Procedure Law

The research issue focuses on the examination of crown witnesses in the process of establishing criminal cases in Indonesia. The examination of the crown witnesses is necessary because law enforcement officers find it difficult to find evidence, other than the testimony of witnesses of the perpetrators themselves in order to find material truth that can be justified. The result of the research shows that the role of the crown witness in the criminal prosecution process is very significant, that is to find the material truth, so that the fast and simple proof process fulfills the minimum standard of proof, upholds public justice against the perpetrators and determines the demands of each actor in accordance with its role. The need for legal protection against the crown witness and the need for a policy of reform of criminal procedure law through the refinement of the Criminal Procedure Code relating to the content of witness material of the crown firmly and limitatively in the future. Keywords: Evidence; Criminal; Crown Witness

scholarly journals KAJIAN YURIDIS TERHADAP PENERAPAN PASAL 21 AYAT 1 KITAB UNDANG UNDANG HUKUM ACARA PIDANA (KUHAP) TENTANG PENAHANAN ATAU PENAHANAN LANJUTAN

2019 ◽  
Vol 8 (1) ◽  
pp. 32
Author(s):  
Karyoto Karyoto ◽  
Oktabilla Ayu Lestari
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Subjective Feeling ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Procedure Code ◽  
Evidence Collection ◽  
Anxiety Condition

because suspects or defendants are particularly vulnerable to violations of their human rights, especially in the context of law enforcement. The suspect or defendant is in the position of the examination object in the process. All series of processes, whether in the examination phase of witnesses, expert examinations, evidence collection, and other evidence collection, are directed to a suspect or defendant, either to convict or not to be guilty The aims of this study are: (1) To know the meaning of the obscurity of the norm in the sentence "in the case of a concerning circumstance" contained in Article 21 paragraph (1) of the Criminal Procedure Code on detention or continued detention. (2). To know and to learn the racial / basic establishment in the provisions of Article 21 paragraph (1) of the Criminal Procedure Code which contains "anxiety condition" in the case of further detention or detention. This research method uses conceptual approach, statute approach and historical approach. The results of the study are: Arrangement of continued detention and detention in the Criminal Procedure Code is highly subjective and tends to have a very wide and unlimited interpretation. This is a blatant disregard for the legal norms governing the detention and continued detention. Detention refers to the provisions of Article 21 of the Criminal Procedure Code requiring a further detention or detention order be made against a suspect or defendant allegedly committing a crime on the basis of sufficient evidence and escape concerns, removing evidence or reprising his crime. In the provisions of that article is contained subjective opportunities for resistance to a person. Worry obviously depends on the subjective feeling of the investigator, prosecutor or judge. The absence of the parameters in the phrase "circumstances of concern" that are not explicitly regulated, both within the Criminal Procedure Code itself and in its implementing rules, are particularly vulnerable to human rights violations, especially to suspects or defendants held without filled first in circumstances that cause concern in advance.

scholarly journals GOGOLI'S PENALTY IN RENEWING DEATH CRIMINAL SANCTIONS TO IMMIGRANTS OF NARCOTICS CRIMES IN INDONESIA (STUDY ON THE AGE OF BUTON)

2018 ◽  
Vol 3 (2) ◽  
pp. 99-110
Author(s):  
La Ode Bunga Ali ◽  
Muh Sutri Mansyah
Keyword(s):  
Law Enforcement ◽  
Death Penalty ◽  
Research Method ◽  
Law Enforcement Officers ◽  
The Body ◽  
Customary Law ◽  
Deterrent Effect ◽  
Criminal Sanction ◽  
Conceptual Approach ◽  
Criminal Sanctions

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.

scholarly journals Judicial legal positions in the context of conflicts related to the formation of the procedural status of persons against whom acts of criminal prosecution are actually implemented

2019 ◽  
pp. 114-119
Author(s):  
Sergey Grachev
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Status ◽  
The Russian Federation ◽  
The Right

The article considers the grounds for the emergence of the procedural status of a suspect in a criminal case. The rights and obligations of the specified person, including the right to protection are analyzed. Subject to the requirements of the criminal procedure code of the Russian Federation, legal positions of the Constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation the conclusion about the necessity of legislative consolidation of the procedural status of the person whose rights and lawful interests are affected carried out in relation to proceedings for verification of a crime report in accordance with article 144 of the Criminal procedure code and equating it to the status of a suspect, since during the pre-investigation check he has the right to protection from the criminal prosecution actually carried out against him.

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