scholarly journals Recording of Circuit Television (CCTV) as Evidence in The Process of Evidence on Criminal Case in Indonesia

2018 ◽  
Vol 1 (3) ◽  
pp. 737
Author(s):  
H. Khanafi Khanafi ◽  
Sri Endah Wahyuningsih

Proof is the most decisive stage of the proceedings, considering at this stage will be determined whether or not proved the defendant committed a criminal act as indicted prosecutors. The issues in this thesis is whether the CCTV recording can be used as evidence in the process of proving a criminal case in Indonesia and what obstacles and solutions if CCTV be used as evidence in the process of proving a criminal case. The approach used problem is empirical juridical approach. The data used are primary data, secondary data and data tertiary. While the method of data collection was done by using literature study and field work and data analysis in this research is a descriptive qualitative. The results of research and discussion addressing that (1) a video of CCTV can be used as a valid legal evidence that they meet the requirements stipulated in the ITE Law Article 5 of Act No. 19 of 2016. (2) barriers CCTV as evidence in criminal cases is the lack of lighting and lack of ITE experts from the big city, so the result is dark and the image quality is less clear, but the CCTV still can be used as electronic evidence for CCTV still in the original form. CCTV evidence greatly assist the police to carry out investigations in criminal cases of theft and murder. Suggestions in this study were: Investigator should report the crime to the local Court-related issues CCTV recording to be used as evidence.Keywords: Closed Circuit Television (CCTV); Evidence; Criminal Law.

NOTARIUS ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 176
Author(s):  
Fachrul Rozy Latuconsina

Abstract PPAT is needed by the community to provide services in the field of land, especially in making a written evidence of authentic deed PPAT. An area that is not enough to have PPAT positions can be appointed a Head of Sub-district as PPAT Temporary according to Article 5 paragraph (3) letter a GR Number 37 of 1998. Central Maluku District still lack PPAT position and has not been appointed Camat as PPAT-Temporary. Problems in this research are: 1) how the implementation of GR Number 37 of 1998, especially about Camat as PPAT-Temporary in Central Maluku District?, 2) factors influencing the implementation of the rule?, so the purpose of this research is to know the implementation of Article 5 paragraph (3) letter a GR Number 37 of 1998 in Central Maluku District and to determine the factors that affect its implementation. The research method used is empirical juridical method with primary data source and secondary data. Primary data obtained from direct research with interview technique to resource person. Secondary data sources were obtained from literature study using primary and secondary legal materials. The data obtained were analyzed qualitatively. The result of the research shows that the implementation of Article 5 paragraph (3) letter a GR Number 37 of 1998 in Central Maluku Regency has not run well, seen from there are only 3 (three) PPAT and 1 (one) Camat as PPAT-Temporary by 18 subdistrict, this is influenced by several factors , among others are: 1) Interest of Head of Sub-district to become PPAT-Temporary because every there socialization activity from District Office of Camat usually assign its staff to follow the socialization; 3) The geographical condition of Central Maluku District is vulnerable to the control so that the Camat does not have time to submit a request for appointment as PPAT-Temporary. Suggestions that can be submitted is to achieve the purpose of land registration and public service tasks to the community then it is better the appointment of the Camat as well as PPAT-Temporary by building and improving the facilities and means of transportation so that people can reach the Office PPAT easily. Keywords: PPAT-Temporary, Public Service of Land Administration Abstrak PPAT sangat dibutuhkan oleh masyarakat untuk memberikan pelayanan di bidang pertanahan khususnya dalam pembuatan suatu alat bukti tertulis yaitu akta otentik PPAT. Suatu daerah yang belum cukup terdapat jabatan PPAT maka dapat diangkat seorang Camat sebagai PPAT Sementara sesuai Pasal 5 ayat (3) huruf a PP Nomor 37 Tahun 1998. Kabupaten Maluku Tengah masih kekurangan jabatan PPAT dan belum diangkat Camat sebagai PPAT-Sementara.  Permasalahan dalam penelitian ini yaitu : 1) bagaimana implementasi PP Nomor 37 Tahun 1998 khususnya mengenai Camat sebagai PPAT Sementara di Kabupaten Maluku Tengah, 2) faktor yang mempengaruhi implementasi aturan tersebut?, sehingga tujuan dari penelitian ini yaitu untuk mengetahui implementasi Pasal 5 ayat (3) huruf a PP 37 Tahun 1998 di Kabupaten Maluku Tengah dan untuk mengetahui faktor yang mempengaruhi implementasinya. Metode penelitian yang digunakan adalah metode yuridis empiris dengan sumber data primer dan data sekunder. Data primer diperoleh dari penelitian secara langsung dengan teknik wawancara kepada narasumber. Sumber data sekunder diperoleh dari studi kepustakaan dengan menggunakan bahan hukum primer dan sekunder. Data yang diperoleh dianalisa secara kualitatif. Hasil penelitian menunjukan bahwa implementasi Pasal 5 ayat (3) huruf a di Kabupaten Maluku Tengah belum berjalan dengan baik, terlihat dari hanya terdapat terdapat 3 (tiga) orang PPAT dan 1 (satu) orang Camat sebagai PPAT Sementara dari 18 Kecamatan, hal ini dipengaruhi oleh beberapa faktor, diantaranya adalah : 1) Minat Camat untuk menjadi PPAT Sementara karena setiap ada kegiatan sosialisasi dari Kantor Pertanahan Camat biasanya menugaskan stafnya untuk mengikuti sosialisasi tersebut; 2) Kondisi geografis Kabupaten Maluku Tengah yang rentan kendali sehingga Camat tidak sempat untuk menyerahkan permohonan pengangkatan sebagai PPAT-Sementara. Saran yang dapat disampaikan adalah untuk mencapai tujuan pendaftaran tanah dan tugas pelayanan publik kepada masyarakat maka sebaiknya pengangkatan Camat sekaligus sebagai PPAT-Sementara dengan membangun dan memperbaik fasilitas dan sarana transportasi agar masyarakat dapat menjangkau Kantor PPAT dengan mudah. Kata Kunci: PPAT-Sementara, Pelayanan Publik bidang pertanahan.


2020 ◽  
Vol 3 (1) ◽  
pp. 131
Author(s):  
Lilik Eko Sukaryono ◽  
Amin Purnawan

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late.�Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.


2020 ◽  
Vol 2 (4) ◽  
pp. 477
Author(s):  
Wilmar Ibni Rusydan ◽  
Umar Ma'ruf ◽  
Bambang Tri Bawono

The purpose of this study was to describe, assess, and analyze as to what the underlying factors in implementing the Judge on Judicial Activism practice in criminal cases in order to ensure the upholding of human rights, then any obstacles encountered and solutions that were presented.This study uses a sociological juridical approach to research is descriptive analytical specifications. The data used are secondary data obtained through library research and primary data obtained through field research then analyzed qualitative use Progressive Legal Theory and Theory of Freedom and Discovery Law of Judge (Rechstvinding).The results of this study are: 1) Judge's decision to apply for Judicial Activism in criminal cases at least consider several factors, including legal developments always follow people who move quickly, in addition to the Act or other regulations are not always equipped to solve a legal case concretely, and also some other factors; 2) Obstacles that arise in practice Judicial Activism in criminal cases are divided into two (2) factors, namely the internal source of personality and emotionality judges themselves, then external factors relating to the legal system of a country.Keywords: Judicial Activism; Criminal Case; Judge; Human Rights.


2020 ◽  
Vol 4 (1) ◽  
pp. 54-61
Author(s):  
Vinky Rahman ◽  
Muhammad Khairy Humaizy

The theater usually has an attractive form to attract the attention of visitors and also has good sound control in the auditorium so as not to cause sound distortion. Performances in Medan are still inadequate to accommodate international performances. Particularly in Medan, the enthusiasm of the community towards art tends to be high, but the facilities of the place lack to accommodate performances. Data collection methods are carried out by collecting primary data through a process of field comparative study and secondary data through literature studies & comparative studies. The design approach used in design studies are analyzing the physical, conditions around the site, potential, the limits that exist on the site, Site and environmental approaches are analysis of site conditions and the best solutions, the user approach is building analysis to meet the need for facilities and quality in accommodating the show, literature studies related to titles and themes and theories that support design ideas. The Metaphor is chosen as a truss design theme to convey the shape of building design by combining metaphorical forms of buildings and the prominence of the same metaphorical theme in the building to those who visit and see buildings to prevent sound distortions by using porous materials. Medan is a big city in Indonesia as a design area with consideration of a strategic location. It is expected that with the presence of this performance center, domestic and foreign tourists and especially Medan people themselves can enjoy the comfort and get to know traditional music and dance in Indonesia.


2020 ◽  
Vol 9 (2) ◽  
pp. 275
Author(s):  
Dedi Putra

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.


2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>


2021 ◽  
Vol 11 (2) ◽  
pp. 55-61
Author(s):  
Adham -

The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe debtor. The research method used in this research is normative juridical with analytical descriptivespecifications.The research was carried out through literature study, then looked at the relationshipbetween one law and another and carried out an analysis related to the application of its practice.After getting a description of the research results, the writer analyzes and draws conclusions fromthe research results obtained. Primary data collection is also carried out to support secondary data,which is obtained by documentation and bank interviews related to the machine ownership agreement.The results of the study concluded that the implementation of the buy back guarantee was carriedout in several stages, namely the stage of the debtor's statement of default, the negotiation stage,and the stage of the agreement, the application of the buy back guarantee. Apart from that, the buyback guarantee that applies to PT. BPRS XXX Bekasi, there are two types of definitions: "buy backguarantee" and "help resell" by the supplier. Legal action has never been taken by the bank whenthere is default from the debtor. The bank is more concerned about the good ethics of the supplier tobuy / help sell the machine goods. The suggestions that the writer can give include, banks must applyprudential banking principles more selectively, suppliers do not only pursue sales targets but payattention to the side of the bank so that cooperation remains well established. n addition, research isneeded regarding the perspectives of the bank, supplier and debtor in addressing the problems thatexist in buy back guarantee in more depth and breadth.


2014 ◽  
Vol 23 (23) ◽  
pp. 73-86
Author(s):  
Mohammad Ishtiaque ◽  
Abu Hurera

AbstractMadarsa education is very common among the Muslims in India. Hundreds of thousands of Muslim children acquire their primary, and perhaps the only, formal education in these madarsas with a cursory knowledge of modern education. As a result they are lagging behind in science education and their representation and participation in the scientific activity of the country is woefully low. As such they are unable to earn sufficiently to lead a comfortable life and provide proper leadership to their community to face the challenges of the modern world. The purpose of the present study is to analyse whether madarsa education becomes a barrier in promoting modern and higher education and secondly how far these institutions helped improve socio-economic conditions of madarsa trained persons in the District of Mewat (Haryana). In the absence of secondary data, the present study is based on the primary data collected through both extensive and intensive field work. A total of 2,350 households were surveyed and information regarding demographic, socio-economic and environmental conditions of these households was collected. Such a varied nature of data was assigned weightage according to their importance and finally the composite score was calculated to find out the levels of the socio-economic conditions of madarsa trained persons.


2020 ◽  
Vol 2 (4) ◽  
pp. 571
Author(s):  
Sulistyo Utomo ◽  
Ira Alia Maerani

This research aims to identify and analyze the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia and analyze the effectiveness of criminal fines when viewed from the perspective of children as victims of crime.Method used is socio-juridical using primary and secondary data. Primary data collection technique is done with the interview, and secondary data by reading, reviewing and analyzing primary legal materials, secondary legal materials, tertiary legal materials with qualitative analysis techniques, interpreted logically and systematically and drawn conclusions.Based on the survey results revealed that the existence of the application of criminal penalties in the handling of criminal cases Child Protection in Indonesia criminal fines in criminal prospects are just as an alternative or substitute for imprisonment or confinement. And effectiveness this penalty has not run optimally because the defendant would prefer to replace the criminal penalties to imprisonment.The conclusion of this thesis is that the implementation or execution of criminal penalties in Indonesia have not been effective or not maximized because law enforcement or judges tend to prefer the imprisonment of the criminal finesKeywords: Criminal Fines; Criminal Prison; Children.


2021 ◽  
Author(s):  
Erika Rahma Setiyani ◽  
Cindy Claudia Radha Avita ◽  
Ananda Galuh Puspita

Most of the obstacles or problems that are most often experienced by householdcraft craftsmen are in terms of marketing or marketing management. Where the marketingthey do is still very traditional. In a sense, they trade manually i.e. go to the market and offertheir products to customers directly. E-commerce (Electronic Commerce) or in IndonesianElectronic Commerce is the activity of distributing, selling, purchasing, marketing products(goods and services), by utilizing telecommunications networks such as the internet,television, or other computer networks. The purpose of this research is to solve variousproblems in business which include services, product costs, and business strategies. Thiswhole system is used in order toanalyze other information systems on the implementation ofan organization's operational activities.The case study used in this research is a market expansion approach using targetmarketing opportunity analysis, system model design, customer interface facilities, marketcommunication and implementation design. The research instrument used interview andobservation techniques as well as literature study. Sampling using purposive samplingtechnique. The data of this study were obtained from primary data and secondary data. Thedesign of the application is to use the Waterfall approach. This approach is a classic modeland is systematic so that it is easy to understand because all the processes work sequentiallyin the stages of building a software.The results of this study were carried out with several research methods, namelythe Black Box method and User Acceptance. Black Box testing is a test with the system onlyobserving the results of execution through test data and checking the functionality of thesoftware, while the User Acceptance method is a testing process carried out by users which isintended to produce documents that will be used as evidence that the software or softwareused and developed has been accepted. by the user.


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