YURIDIS TERHADAP TINDAK PIDANA PENGANCAMAN YANG DILAKUKAN SECARA BERSAMA-SAMA

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.

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

Jurnal Daulat Hukum ◽

10.30659/jdh.v3i1.8811 ◽

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.

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Overmacht Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Korban Meninggal Dunia Perspektif Fiqh JinÂyah

Al-Jinayah Jurnal Hukum Pidana Islam ◽

10.15642/aj.2015.1.2.327-335 ◽

2015 ◽

Vol 1 (2) ◽

pp. 327-335

Author(s):

Muhammad Riza Fahmi

Keyword(s):

Criminal Law ◽

Islamic Law ◽

Criminal Liability ◽

Criminal Code ◽

District Court ◽

Public Prosecutor ◽

The Public ◽

Self Defense ◽

Conditional Sentence

Abstract: The Judge’s ruling in the legal decition of the Lamongan District Court No. 164/Pid.B/2013/PN.LMG on the crime of persecution that causes the death of the victim is regarded true since it has been fulfilled all elements as required by Article 351 Paragraph (3) of Criminal Code as indicted by the public prosecutor. In deciding this case, the judge also considered the testimony of witnesses, the information from the defendant, the facts revealed at the hearing as well as the things that burdensome and relieve the defendant. Therefore, the defendant shall be sentenced for 5 months in prison and does not have to go through due to the imposed conditional sentence. In Islamic criminal law, the case is equated with a semi-deliberate murder and sanctioned by diyât and kafârat in the form of ta’zîr. In this case, the defendant can not be punished because of his self-defense. So that the defendant is free from a criminal liability in Islam.Keywords: Persecution, victim died, Islamic law. Abstrak: Putusan hukum hakim Nomor: 164/Pid.B/2013/PN.LMG tentang tindak pidana penganiayaan yang mengakibatkan korban meninggal dunia berdasarkan telah terpenuhinya semua unsur-unsur dari pasal 351 ayat (3) KUHP seperti yang didakwakan oleh jaksa penuntut umum. Dalam memutuskan perkara ini hakim juga mempertimbangkan keterangan saksi, keterangan terdakwa, fakta-fakta yang terungkap di persidangan, serta hal yang memberatkan dan meringankan terdakwa. Oleh karena itu, terdakwa dipidana dengan 5 bulan penjara dan tidak perlu menjalaninya dikarenakan dikenakan hukuman bersyarat. Dalam fiqh jinâyah, perkara ini disamakan dengan pembunuhan semi sengaja. Untuk sanksinya yaitu membayar diyat dan kafârat, sedangkan untuk hukuman penggantinya berupa hukuman ta’zîr. Dalam kasus ini, para terdakwa meskipun telah melakukan perbuatan tersebut, namun tidak bisa dikenakan hukuman tersebut, karena adanya unsur pembelaan diri, sehingga terbebas dari pertanggungjawaban pidana dalam Islam.Kata Kunci: Penganiayaan, meninggal dunia, Hukum Islam.

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ANALISIS PUTUSAN BEBAS TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DI PENGADILAN NEGERI MAKASSAR

Indonesian Journal of Legality of Law ◽

10.35965/ijlf.v2i2.474 ◽

2021 ◽

Vol 2 (2) ◽

pp. 73-77

Author(s):

Andi Ilham Anwar ◽

Marwan Mas ◽

Abdul Salam Siku

Keyword(s):

Criminal Law ◽

Criminal Code ◽

District Court ◽

Public Prosecutor ◽

The Public ◽

Trial Process ◽

Legal Provisions ◽

Subjective Element ◽

Judicial Authority

Penelitian ini bertujuan untuk mengetahui proses penerapan hukum pidana materiil dalam tindak pidana narkotika, mengetahui pertimbangan hakim tentang hal – hal yang memberikan penjatuhan Putusan Bebas Pasal 191 KUHP Ayat (1) terhadap terdakwa tindak pidana narkotika, menganalis dan mengamati fakta – fakta pada persidangan. Penelitian ini dilaksanakan di Kantor Pengadilan Negeri di Kota Makassar. Hasil Putusan 1434/Pid.Sus/2018/PN Mks. Jaksa Penuntut umum menggunakan dakwaan alternative Pasal 114 ayat (2) Jo Pasal 132 ayat (1) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika atau pasal 112 ayat (2) Jo Pasal 132 ayat (1), dimana unsur dan pasal saling berkesesuaian, namun berdasarkan fakta persidangan dan pengakuan saksi-saksi khususnya saksi a de charger dimana pasal yang didakwakan memuat unsur subjektif yaitu setiap orang, namun fakta antara apa yang didakwakan unsur setiap orang (terdakwa) tidak memiliki hubungan dari pengembangan atas kasus narkotika, sehingga atas keterangan tersebut majelis berkesimpulan bahwa unsur setiap orang pada pasal ini tidak terbukti, oleh sebab itu sudah sepatutnya terdakwa dibebaskan dari dakwaan, mengingat ketentuan pasal 191 KUHP ayat (1) dan ketentuan Hukum lainnya yang saling berkaitan. Hasil penelitian ini menunjukkan bahwa pelaksanaan Proses persidangan berjalan tanpa mengesampingkan penyelenggaraan kekuasaan kehakiman pada kasus tindak pidana narkotika. This study aims to determine the process of applying the material criminal law in narcotics crime, to know the judge's considerations on matters that provide the ruling on Article 191 of the Criminal Code Free Verdict Paragraph (1) against narcotics criminal defendants, to analyze and observe facts at the trial. This research was conducted in the District Court Office in Makassar City. From this study, the authors get the verdict of 1434 / Pid.Sus / 2018 / PN Mks. The Public Prosecutor uses the alternative indictment of Article 114 paragraph (2) Jo Article 132 paragraph (1) of Law Number 35 Year 2009 concerning Narcotics or Article 112 paragraph (2) Jo Article 132 paragraph (1), where the elements and articles are compatible, but based on the facts of the trial and the testimony of witnesses especially witness a de charger where the article charged contains a subjective element that is each person, but the fact between what is charged by the element of each person (the defendant) has no relationship with the development of narcotics cases, so based on the information the panel of judges concluded that the element of each person in this article was not proven, therefore the defendant should have been acquitted of the indictment, bearing in mind the provisions of article 191 of the Criminal Code paragraph (1) and other interrelated legal provisions. The results of this study indicate that the implementation of the Trial Process proceeded without prejudice to the implementation of judicial authority in narcotics crime cases.

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Gugurnya Hak Menuntut Terhadap Korporasi Akibat Pailit

JISIP (Jurnal Ilmu Sosial dan Pendidikan) ◽

10.36312/jisip.v5i3.2191 ◽

2021 ◽

Vol 5 (3) ◽

Author(s):

Audaraziq Ismail ◽

Eva Achjani Zulfa ◽

Yutcesyam Yutcesyam ◽

Fatiatulo Lazira

Keyword(s):

Limited Liability ◽

Criminal Procedure ◽

Criminal Code ◽

Criminal Case ◽

District Court ◽

Public Prosecutor ◽

The Public ◽

Procedure Code ◽

Ne Bis In Idem ◽

Bankruptcy Code

Prosecution is basically an action by the public prosecutor to delegate a criminal case to the competent District Court so that it is examined and decided by a judge in a court session. With regard to prosecution, Article 109 of the Criminal Procedure Code states that there are 3 reasons for stopping prosecution, namely that an event is not a criminal act, there is not enough evidence collected by investigators to prove the fulfillment of the elements in a criminal act and for the sake of law. The Criminal Code, First, with regard to the application of the principle of ne bis in idem. Second, if the Defendant dies, Third, Expires, Fourth, Settlement outside the court, Article 82 of the Criminal Code has described if an offense is threatened with a fine only, then prosecution can be avoided by paying the maximum fine directly. Against corporations, prosecution is limited by a number of provisions, in this case also including when the corporation is bankrupt. That as a result, if the entire corporate assets are included in the bankruptcy code, there will be a transfer of corporate licenses and an impact on the liquidation process. Thus, based on the provisions of Article 142 paragraph (1) of Law no. 40 of 2007 concerning Limited Liability Companies, the corporation is dissolved. Thus, the prosecution of the bankrupt corporation can be dropped.

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Perjudian Online: Kajian Pidana atas Putusan Nomor 1033/PID.B/2014/PN.BDG

Lentera Hukum ◽

10.19184/ejlh.v4i1.4493 ◽

2017 ◽

Vol 4 (1) ◽

pp. 31

Author(s):

Muhammad Fajrul Falah ◽

Fanny Tanuwijaya ◽

Samuel SM Samosir

Keyword(s):

Criminal Law ◽

Criminal Code ◽

Penal Code ◽

Online Gambling ◽

District Court ◽

Public Prosecutor ◽

Legal Research

Law Number 11 / 2008 on Information and Electronic Transaction (UU ITE) is the regulation concerning on criminal law in addition to the Criminal Code (KUHP). UU ITE is commonly regarded additional regulation of the Criminal Code as a special law (lex specialis) in which Penal Code is deemed as lex generalis. It is based on the principle of lex specialis derogate legi generalis. This article uses legal research to review the decision of District Court in Bandung Number 1033/PID.B/2014/PN.BDG where it comprises legislation and cases. It concludes that the judge is not frugal in applying the principle lex specialis derogat legi generalis in the consideration. This is associated with the indictment of public prosecutor which only prejudges with article 303 paragraph (1) to 2. In contrast, the indictment which does not meet the requirement of a careful, clear, and complete description asserts to become void by law. Keywords: Online Gambling, Criminal Principle, Indictment

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PEMIDANAAN TERHADAP PERBUATAN MENGHILANGKAN MAYAT YANG DILAKUKAN ANAK (STUDI TERHADAP PUTUSAN MAHKAMAH AGUNG NO. 774K / PID.SUS / 2015)

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i1.2160 ◽

2018 ◽

Vol 1 (1) ◽

pp. 636

Author(s):

Heppi Florensia ◽

Mety Rahmawati

Keyword(s):

Supreme Court ◽

Criminal Code ◽

District Court ◽

Public Prosecutor ◽

Court Ruling ◽

Supreme Court Ruling ◽

The Public ◽

Criminal Offenses ◽

The Supreme Court ◽

Court Of Appeal

Criminalization of the offender especially in the perpetrators of children under age is as a sanction that tells implied to someone who performs acts meet certain conditions. Often in prosecuting a criminal case the Public Prosecutor is wrong in deciding what articles should be imposed on the perpetrator. As one case of Supreme Court verdict No.774K/PID.SUS/2015 with 16-year-old defendant Dicky Pranata prosecuted by the Prosecutor with Article 340 of the Penal Code juncto Article 56 of the Criminal Code is a criminal act of premeditated murder, in which the elements of Article 340 of the Criminal Code are not fulfilled the defendant's self but the existence of other crimes Article 181 of the Criminal Code of disappearance committed by the defendant. The defendant was sentenced to 10 years in prison at the District Court, while the defendant was released from the sentence of the Court of Appeal and Cassation. The problem in this research is whether the act of the perpetrator fulfills the elements in Article 340 juncto Article 56 paragraph (1) of the Criminal Code juncto Article 1 paragraph (3) SPPA Act and Article 181 of the Criminal Code? How to base criminal offenses in the Supreme Court ruling case No.774K/PID.SUS/2015? The researcher examines the problem with normative juridical method. Based on the analysis result that the defendant is not proven to commit element of crime Article 340 KUHP, but the existence of criminal act Article 181 of Criminal Code which has been done by defendant.

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JUDICAL REVIEW OF THE CRIME OF NARCOTICS ABUSE CATEGORY I (Tinjauan Yuridis Terhadap Tindak Pidana Penyalagunaan Narkotika Golongan I)

10.31219/osf.io/e3sjf ◽

2021 ◽

Author(s):

Andi Yusdianti

Keyword(s):

Criminal Law ◽

Judicial Review ◽

District Court ◽

Public Prosecutor ◽

The Public ◽

The Republic ◽

The City

AbstractThis study describes the basis for the application of material criminal law to criminal acts of drug abuse.This research was conducted in the city of Namlea, namely in the Namlea District Court using primary andsecondary data methods. Data (interview) directly with the parties concerned. Meanwhile, secondary datacollection techniques are carried out by reading documents or regulations and literature books related to thematerial to be presented in the thesis. After all the data is collected, the data is processed and analyzedqualitatively and then presented descriptively, that is, searching for and collecting data related to the object andthe problem under study. Based on the results of research and discussion, it shows that: 1) in Decision No. 5 /Pid.Sus / 2020 / PN Nla, the Public Prosecutor uses the second indictment, namely Article 127 paragraph (1)letter a of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics the elements in the indictmenthave been deemed proven by the Public Prosecutor. that is, the acts and elements of the article match eachother, and according to the author, the application of material criminal law in this case is not in accordancewith the applicable criminal law in Indonesia. 2) in Decree No. 5 / Pid.Sus / 2020 / PN Nla, the author does notagree with the Panel of Judges in implementing Article 127 because the elements are not proven and do notmatch each other, the Panel of Judges is wrong in making decisions without looking at Articles 54, 55 and 103of the Republic of Indonesia Constitution No.35 Years 2009 About Narcotics.Keywords: judicial review, criminal, narcotics abuse

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ANALYSIS OF NOTARY HONORARY COUNCIL CONSENT AS GROUNDS OF IMPUNITY (STRAFUITSLAUTINGSGRONDEN) AGAINST REVELATION OF SECRETS

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v6i3.17012 ◽

2017 ◽

Vol 6 (3) ◽

pp. 570

Author(s):

Gaza Carumna Iskadrenda ◽

Anggita Mustika Dewi

Keyword(s):

Criminal Justice ◽

Criminal Law ◽

Research Result ◽

Secondary Data ◽

Criminal Code ◽

Public Prosecutor ◽

The Public ◽

Positive Law ◽

Justice Process ◽

Criminal Justice Process

Article 66 paragraph (1) Act Number 2 of 2014 essentially regulates the consent of the Notary Honorary Council in the criminal justice process. The provisions in the a quo article have been still being applied and become a positive law in Indonesia. One of the criminal justice process in the notarial field relates to the criminal act of revelation of secrets as regulated in Article number 322 paragraph (1) of the Criminal Code. The consent given by the Notary Honorary Council as outlined above can certainly be viewed in the context of criminal law.The research is a normative legal research using secondary data of both primary legal materials and secondary legal materials. The data collecting technique used is documentary study with written materials as the data collection tool to be analyzed qualitatively using content analysis.The research result showed that in the context of criminal law, basically a notary who provides a copy of the deed and/or documents attached to the minuta deed or notarial protocol in the notarial archives for the purpose of the investigator, the public prosecutor or the judge has committed a criminal act of revelation of secrets as stipulated in Article number 322 paragraph (1) of the Criminal Code. However, the notary is not necessarily criminally liable considering the consent of the Notary Honorary Council as the grounds of impunity. Keywords: Notary Honorary Council consent, grounds of impunity, criminal act of revelation of secrets.

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TINJAUAN YURIDIS MENGENAI TINDAK PIDANA YANG DITUNTUT DENGAN PASAL 351 (3) KUHP STUDI KASUS PUTUSAN MA NO. 1043 K/PID/2016

KRTHA BHAYANGKARA ◽

10.31599/krtha.v12i1.29 ◽

2018 ◽

Vol 12 (1) ◽

pp. 25-62

Author(s):

Rahmat Saputra

Keyword(s):

Data Collection ◽

Supreme Court ◽

Supreme Court Decision ◽

Criminal Code ◽

Court Decision ◽

District Court ◽

Public Prosecutor ◽

Literature Study ◽

The Public ◽

The Supreme Court

The purpose of this study was to provide an overview of the actions of the defendant already fulfilling the elements of Article 351 paragraph (3) of the Criminal Code in the Supreme Court Decision No. 1043 K / PID / 2016 and to illustrate the basic consideration of the judge in imposing a verdict on a criminal offense charged with Article 351 paragraph (3) of the Criminal Code in the Supreme Court decision No. 1043 K / PID / 2016. The method used in this study is normative law research. Data collection methods in this study were carried out with literature study, which is a method of collecting data by searching and reviewing library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals). Data collection techniques using qualitative analysis methods. The conclusion in this study is the application of material criminal law by the Panel of Judges of the Supreme Court in the case of Number 1043 K / PID / 2016 which corrected the decision of the Banjarmasin High Court Number 59 / PID / 2016 / PT.BJM, dated 13 July 2016 which strengthened the Kotabaru District Court Decision Number 64 / Pid.B/2016/PN. Ktb, dated April 27, 2016 stating that the defendant Nanang Ramli bin (late) Syamsudin was proven legally and convincingly guilty of committing a criminal act of maltreatment which resulted in the death of the victim Jumadi alias jumai bin yahya ( alm) as stipulated in Article 351 paragraph (3) the Penal Code (hereinafter referred to as the Criminal Code) is correct, it is in accordance with the Public Prosecutor's Subsidies indictment, and has been based on the facts of the trial, the evidence presented The Public Prosecutor is in the form of witness statements, evidence, post mortem, and statements of the defendant. The Panel of Judges of the Kotabaru District Court in its consideration there are still some shortcomings, especially in its subjective considerations, namely on consideration of things that are burdensome and matters that alleviate the defendant. The consideration used by the judge in this case only focuses on the perpetrators of the crime. Whereas Article 5 paragraph (1) of Law Number 48 Year concerning Judicial Power requires judges to explore, follow, and understand the legal values and sense of justice that lives in society. This means that the judge must also consider the loss of the crime victim, and the community

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ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

DE RECHTSSTAAT ◽

10.30997/jhd.v2i2.675 ◽

2016 ◽

Vol 2 (2) ◽

pp. 201-216

Author(s):

Hurip Agustina ◽

Dadang Suprijatna ◽

Aal Lukmanul Hakim

Keyword(s):

Rule Of Law ◽

Criminal Responsibility ◽

Bottom Layer ◽

Criminal Code ◽

Public Prosecutor ◽

Criminal Offense ◽

The Rule Of Law ◽

The Public ◽

Criminal Offenses ◽

Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

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