scholarly journals ANALYSIS OF THE ACCOUNTABILITY OF CRIMINAL ACTIVITIES IN THE EIGHT OF THE LUWAK POWDER COFFEE IN PD. SUMBER BUANA ABADI (Study of Decision Number 307 / Pid.B / 2018 / PN.Kla)

2019 ◽  
Vol 1 (01) ◽  
pp. 8-19
Author(s):  
Ari Pratama
Keyword(s):  
Criminal Liability ◽  
District Court ◽  
Dominant Factor ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Research Problems ◽  
Sense Of Justice

One form of embezzlement is in the Decision of the Kalianda District Court of South Lampung Number 307 / Pid.B / 2018 / PN.Kla which states that Defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense " The problem in the research is why the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla and how the responsibility of perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla. The research method uses a normative and empirical juridical approach, where the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is conducted by direct interviews with informants who will relate to research problems, data analysis used is qualitative juridical. The results of the study showed that the causes of the perpetrators committed the crime of embezzling civet coffee in PD. Sumber Buana Abadi, based on Decision Number 307 / Pid.B / 2018 / PN.Kla, is a mentality of workers, a fulfillment of life necessities, an intention and opportunity and a greedy attitude from humans. The most dominant factor is the urgent need for money from the perpetrators. Criminal liability perpetrators of criminal acts of embezzlement of civet coffee in PD. Sumber Buana Abadi based on Decision Number 307 / Pid.B / 2018 / PN.Kla is where the defendant Selamet Riyadi Bin Tugino has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Crime of Emblem". Sentenced to Defendant because of that with imprisonment for 10 (ten) months. Determine the period of arrest and detention that has been carried out by the Defendant to be deducted entirely from the sentence handed down. Determine the Defendant to remain detained. As well as imposing on the Defendant to pay court fees in the amount of Rp. 2,000 (two thousand rupiah). Saran, it is expected that the Judge in carrying out consideration prioritizes a sense of justice for victims, defendants and the public. It is expected that the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be in accordance with the actions of the defendant because this is the judge's reference in making his decision.

scholarly journals ANALYSIS OF CRIMINAL RESPONSIBILITY OF CRIMINAL ACTIVITIES OF THE EIGHTS AND EXTENSION OF CAR (Study of Decision Number 839/Pid.B/2018/PN.Tjk Year 2018)

2019 ◽  
Vol 1 (01) ◽  
pp. 59-67
Author(s):  
Alan Ridwan
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Public Prosecutor ◽  
Fast Time ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Research Problems ◽  
Law And Justice ◽  
Case Number

One of the crimes concerning the misuse of car vehicles is the crime of embezzling cars as the crime is rampant in Indonesia, one of which is in case Number 839/Pid.B/2018/PN.Tjk in 2018. The problem in research is why the perpetrators commit criminal acts embezzlement and imposition of cars based on Decision Number 839/Pid.B/2018/PN.Tjk and how the criminal responsibility of the perpetrators of criminal acts of embezzlement and detention of cars is based on Decision Number 839/Pid.B/2018/PN.Tjk. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is carried out by direct interviews with informants who will relate to research problems, data analysis used is qualitative analysis. The results of the study indicate that the factors causing the perpetrators to commit criminal acts of embezzlement and car detention are based on Decision Number 839/Pid.B/2018/PN.Tjk opportunity factors and economic needs factors. This factor is due to the defendant's desperate need for a certain amount of money at a fast time so that the defendant made a shortcut by making embezzlement and overcoming the car. The criminal liability of the defendant who commits a crime of manipulating and imposing a car based on Case Number 839/Pid.B/2018/PN.Tjk Year 2018 is that the sentence of imprisonment for 8 (eight) months is reduced as long as the defendant is temporarily detained. detained. Suggestions, for the Judges in carrying out the consideration prioritize a sense of justice for victims, defendants and the public. In addition, judges should carefully pay attention to matters that can alleviate or incriminate defendants other than judges who have also been given the freedom to make decisions in order to enforce law and justice so that judges do not have to depend on public prosecutors' demands in determining crimes for defendants. To the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be appropriate or in accordance with the actions of the defendant because this is the judge's reference in making his decision. In addition, the Public Prosecutor should also have material legal knowledge so that there are no more errors or nonconformities in applying the crime against the accused.

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

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. 

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

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.

scholarly journals TINJAUAN YURIDIS TENTANG GABUNGAN TINDAK PIDANA SEBAGAI HAL YANG MEMBERATKAN PIDANA Studi Kasus: Putusan Perkara Nomor:141/Pid.B/2018/PN Mrj (Pencurian)

2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Prison Sentence ◽  
Legal Certainty ◽  
The Family ◽  
Sense Of Justice

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

scholarly journals AKIBAT HUKUM TERHADAP PUTUSAN BEBAS (VRIJSPRAAK) BAGI WARGA NEGARA ASING (Studi Putusan Pengadilan Negeri Denpasar Nomor 748/Pid.Sus/2016/PN DPS)

2018 ◽  
Vol 6 (3) ◽  
pp. 323
Author(s):  
Ida Ayu Nyoman Sri Candra Purnami
Keyword(s):  
Positive Impact ◽  
District Court ◽  
Public Prosecutor ◽  
Judicial Process ◽  
Legal Cases ◽  
The Public ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Legal Immigration ◽  
Legal Consequences

The high flow of globalization and the easiness of obtaining visas for foreign citizens can increase the income of a country engaged in tourism. This phenomenon does not always have a positive impact for the country of Indonesia because many foreigners were found residing in the territory of Indonesia without having a valid and legal immigration stay permit. Many of these foreign citizens were convicted legal cases in Indonesia, it is therefore necessary to study the legal consequences of the free judgment for the foreign citizens. This study was conducted to examine the legal basis for the imposition of free judgment against foreign citizens and the implementation of the Denpasar District Court Decision Number 748/Pid.Sus/2016/PN DPS on the free judgment against a foreign citizen. This study is an empirical juridical study that examines the legal consequences caused after the abolition of free judgment on foreigner (Case study of Denpasar District Court No. 748/ Pid.Sus / 2016 / PN DPS). Based on the result of this study, was found that according to Law Number 8 Year 1981 regarding Criminal Procedure Law and law of the republic of Indonesia Number 6 Year 2011 on Immigration, foreigners who live in the territory of the Republic of Indonesia who do not have a valid and legal immigration stay permit can be given immigration administrative action in the form of detention. Whereas foreign citizens who are secured and still hold immigration stay permit until the completion of the judicial process and  given free judgment, the foreigners may remain in the territory of the Republic of Indonesia until the validity period of their stay permit expires. Meanwhile, for foreign citizens who have been subjected to free judgment and still hold immigration permit, the Public Prosecutor may request the Immigration Civil Service Investigator to perform the act of detention to those foreign citizens. Tingginya arus globalisasi dan kemudahan memperoleh visa bagi warga negara asing dapat meningkatkan pendapatan suatu negara yang bergerak dalam bidang kepariwisataan. Fenomena ini tidak selalu berdampak positif bagi negara Indonesia karena banyak ditemukan orang asing yang berada di wilayah Indonesia tidak memiliki izin tinggal keimigrasian yang sah dan masih berlaku. Banyak  diantara warga negara asing tersebut tersandung kasus hukum di Negara Indonesia, sehingga perlu dikaji akibat hukum yang ditimbulkan atas Putusan Bebas bagi warga negara asing tersebut. Penelitian ini dilakukan untuk mengkaji dasar hukum penjatuhan putusan bebas terhadap warga negara asing dan pelaksanaan Putusan Pengadilan Negeri Denpasar Nomor 748/Pid.Sus/2016/PN DPS atas putusan bebas terhadap seorang warganegara asing. Penelitian ini merupakan penelitian yuridis empiris yang mengkaji akibat hukum yang ditimbulkan setelah dijatuhkannya Putusan Bebas terhadap orang asing (Studi kasus terhadap Pengadilan Negeri Denpasar Nomor 748/Pid.Sus/2016/PN DPS). Berdasarkan hasil penelitian ini ditemukan bahwa menurut Undang-Undang Nomor 8 Tahun 1981 Tentang Hukum Acara Pidana dan Undang-Undang Republik Indonesia Nomor 6 Tahun 2011 Tentang Keimigrasian, orang asing yang tinggal di wilayah Negara Republik Indonesia yang tidak memiliki izin tinggal keimigrasian yang sah dan berlaku dapat dilakukan Tindakan Administratif Keimigrasian berupa pendetensian.  Sedangkan warga negara asing yang saat diamankan dan hingga proses peradilan selesai masih memiliki izin tinggal keimigrasian dan dijatuhi putusan bebas, maka orang asing tersebut dapat tetap tinggal di wilayah Negara Republik Indonesia hingga masa berlaku izin tinggalnya habis. Sementara bagi orang warga negara asing yang telah dijatuhi putusan bebas dan masih memiliki izin tinggal keimigrasian namun oleh Penuntut Umum dilakukan upaya hukum kasasi, Penuntut Umum dapat meminta kepada Penyidik Pegawai Negeri Sipil Keimigrasian untuk melakukan tindakan pendetensian atas warga negara asing tersebut.

scholarly journals IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS)

2017 ◽  
Vol 1 (1) ◽  
pp. 080
Author(s):  
Edy Lisdiyono
Keyword(s):  
Social Media ◽  
Empirical Study ◽  
Forest Fires ◽  
Legal Reasoning ◽  
District Court ◽  
Legal Argument ◽  
The Public ◽  
Academic Communities ◽  
Legal Arguments ◽  
Sense Of Justice

Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence) and clear fact so that its solutions do not deviate from the rules of law

scholarly journals Separate Filing (Splitsing) In Criminal Case Management

2018 ◽  
Vol 1 (2) ◽  
pp. 461
Author(s):  
Hidayat Abdulah
Keyword(s):  
Case Management ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
Case File ◽  
The Public ◽  
Procedure Code ◽  
Court Process

In the implementation of the criminal case handling a lot of things that can be done to perfect evidence is the failure by one of them is doing a separate filing (splitsing). In Article 142 Criminal Procedure Code stipulates that the public prosecutor has the authority to separate docket (splitsing) against each defendant if found lacking evidence and testimony, as well as other matters that are not included in the provisions of Article 141 of the Criminal Procedure Code. Separation of the case must be based on solely the purpose of examination. That's what makes the public prosecutor has the authority to determine the case file should be separated (splitsing) or not. The purpose for doing the separation of the case file (splitsing) is to facilitate the enforcement of the prosecutor when the court process, to strengthen the evidence for lack of evidence when the process of verification, then a criminal offense committed by the offender more than one and the same time one of these actors into the search list (DPO) which allow splitsing.Keywords: Separate Filing; The Criminal Case.

scholarly journals Disparitas Penuntutan Pada Perkara Tindak Pidana Penganiayaan dalam Sistem Pemidanaan di Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 66-78
Author(s):  
Benny Leonard Saragih ◽  
Ediwarman Ediwarman ◽  
Muaz Zul
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Internal Factors ◽  
Legal Norms ◽  
The Public ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Republic ◽  
Substantive Law

Difference in punishment or sentencing disparity is basically a natural thing because it can be said almost no case that is really the same. Disparity becomes a problem when the range of the sentence imposed differences between similar cases so large, giving rise to injustice and can give rise to suspicions in the community. Disparities in the Criminal (disparity of sentencing) is not the same as the application of criminal offenses against the same (same offense) or the criminal acts that are dangerous to be compared (offenses of comparable seriousness) without clear justification. Based on Law No. 16 of 2004 which replaced Law No. 5 of 1991 About the Prosecutor of the Republic of Indonesia is an institution in the field of prosecution of the main authority of the public prosecutor act prosecution about what is meant by the prosecution as well as the reference to the provisions of Article 1 point 7 and Article 137 Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code). Research Methods in writing this thesis carried out by the method of normative law, namely analyzing and searching for answers to the problems raised by the substantive law / legal norms contained in the rules of law, the Supreme Court Regulation (PERMA), the Supreme Court Circular, and etc. Factors that cause the disparity criminal offense namely Legislation Provisions factors, internal factors and external factors.

scholarly journals Constraints by the Public Prosecutor in Proving Aspects of Criminal Liability for Narcotics Criminals with Undercover Buy Techniques

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Trynalia Slamet Tri Wahyudi ◽  
Keyword(s):  
Criminal Responsibility ◽  
Negative Impact ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
External Factors ◽  
Advanced Technology ◽  
Public Prosecutor ◽  
Internal Factors ◽  
The Public ◽  
Internal And External Factors

Narcotics crime is one of the extraordinary crimes. In addition to the negative impact it causes, the disclosure of narcotics crimes is not easy because it is transnational in nature, is carried out in secret, organized, uses various modus operandi and uses advanced technology. Therefore, the Law on Narcotics regulates investigative techniques that can be used to uncover narcotics crimes, one of which is an undercover buy investigation technique. However, this technique sometimes also leaves its own problems in its implementation. The objective of this study is to identify and explain the various constraints faced by the Public Prosecutor in proving aspects of criminal responsibility for narcotics criminals, especially those carried out with the undercover buy technique. This paper using a normative research type through a statutory approach and a case approach. This study explains that the Public Prosecutor still has problems in proving aspects of criminal responsibility for narcotics criminals, both from internal and external factors. The constraints from internal factors was that the Public Prosecutor was not careful in checking the completeness of the formal. Meanwhile, external factors, namely investigators did not provide actual information regarding the completeness of the material submitted in the first stage of file submission. Therefore, it is necessary to improve the regulation and coordination between law enforcement officers in terms of proving the accountability aspects of narcotics criminals using undercover buy techniques.

scholarly journals Gugurnya Hak Menuntut Terhadap Korporasi Akibat Pailit

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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