scholarly journals Analisis Hukum Penahanan Terhadap Tersangka di Masa Pandemi Covid-19 Pada Polsek Delitua

2021 ◽  
Vol 4 (1) ◽  
pp. 384-397
Author(s):  
Zulkifli Harahap ◽  
Edi Warman ◽  
M. Citra Ramadhan
Keyword(s):  
Environmental Factors ◽  
Government Regulation ◽  
Large Scale ◽  
Social Assistance ◽  
Secondary Data ◽  
Criminal Procedure ◽  
External Factors ◽  
Causal Factors ◽  
Legal Rules ◽  
Procedure Code

The purpose of this study was to analyze the legal rules governing the causal factors and actions taken by the Delitua Police in the event of a criminal act during the Covid-19 pandemic. This type of research is normative juridical research, namely research conducted by examining library materials (secondary data) or library law research. The results showed that the legal rules governing criminal acts that occurred during the Covid 19 period were regulated in government laws and regulations, namely the 1945 Constitution, the Criminal Procedure Code, Law No. 2 of 2002 concerning the police, Government Regulation No. 21 of 2020 concerning Large-Scale Social Restrictions (PSBB) during the Covid period as well as other supporting regulations such as Presidential Regulations, Presidential Instruction, Governor Regulations, and Chief of Police Decrees. The factors that caused perpetrators to commit crimes during the Covid period were inter-factors, namely religion, economy and poverty as well as education, as well as external factors consisting of environmental factors, promiscuity and lack of government attention in providing social assistance. Efforts to tackle the occurrence of criminal acts during the Covid period, namely by making penal and non-penal efforts by providing counseling and socialization about maintaining health, washing hands, wearing masks for prison visitors, providing social assistance to each community equally.

scholarly journals Mekanisme Penyimpanan dan Pemusnahan Barang Sitaan Narkotika (Studi Kasus Pada Kejaksaan Negeri Badung)

2021 ◽  
Vol 2 (2) ◽  
pp. 315-319
Author(s):  
I Putu Krisna llham Wiantama ◽  
I Nyoman Gede Sugiartha ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Secondary Data ◽  
Criminal Procedure ◽  
District Court ◽  
Public Prosecutor ◽  
Criminal Cases ◽  
Legal Rules ◽  
The Public ◽  
Delegation Of Authority ◽  
Procedure Code ◽  
Legal Force

There are many criminal cases of Narcotics in the jurisdiction of the Badung Prosecutor's Office, the procedure for storing confiscated objects of the State (Rupbasan) is regulated in Article 44 of the Criminal Procedure Code, then the destruction of confiscated Narcotics is carried out seven days after obtaining a court envoy who has permanent legal force as provisions of Law number 35 of 2009 concerning Narcotics. However, the implementation of this law still appears to be constrained by its implementation in the field. This study aims to explain the legal rules for storing and destroying confiscated Narcotics at the Badung Public Prosecutor's Office and describing the process of storing and destroying confiscated Narcotics at the Badung District Court. This study was designed using a normative method, namely examining library materials in relation to cases through a statutory approach. The data used are primary and secondary data. Data were collected by interviewing and documentation. The results showed the legal rules for the storage of confiscated Narcotics at Kasiswa Badung, according to Article 44 paragraph (1) of the Criminal Procedure Code, Perka BNN No. 7/2010, while for Destruction is regulated based on SE.IA Number: SE-018 / A / JA / 08/2015 dated 21 August 2015 is one of the legal bases, then the mechanism for storing and destroying confiscated Narcotics objects begins with the acceptance of delegation of authority from investigators to the public prosecutor to District Prosecutor's Office Badung by presenting the defendant and evidence to the District Prosecutor's Office Badung Badung. If the trial process has been completed and has retained legal force, the officer begins to collect and record various confiscated objects that will be destroyed, in this case divided according to the types of confiscated objects.

scholarly journals PERLINDUNGAN HUKUM BAGI BANK TERKAIT PERJANJIAN KREDIT KEPEMILIKAN RUMAH DENGAN PENGIKATAN SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DISERTAI PERJANJIAN BUY BACK GUARANTEE DI KOTA DENPASAR

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Ketut Supasti Darmawan ◽  
I Nyoman Sumardika ◽  
I Nyoman Gede Paramartha
Keyword(s):  
Data Collection ◽  
Government Regulation ◽  
Home Ownership ◽  
Economic Recession ◽  
Secondary Data ◽  
The State ◽  
External Factors ◽  
Primary Data ◽  
Land Area ◽  
Buy Back

Home ownership credit faciliities are very much needed by the people who have low and medium buying power. In theory, as set forth in Article 1, paragraph (2) of the Regulation of the State Minister of Agrarian Services/Head of National Body for Land Affairs (BPN) No. 4 of 1996, with the binding of SKMHT is only granted to secure certain credits ,i.e. to finance simple ownership , modest homes, condominiums with land area of 200m2 and the building has not more than 70m2. In practice many home ownership credit facilities are granted to buy a house with a land area of more than stated by the provision above. Problems also occurs with the provisions of Article 15 paragraph (1) of UUHT which require SKMHT regarding land rights which are already registred, SKMHT must be followed by the making of APHT as late as 1(one) month. Rights to land that has not been registered, should be followed by creating APHT as late as 3(three) months after the SKMHT is granted in accordance with Article 15 of UUHT paragraph (2). However, in granting Home ownership credit, the provision applied is Article 1, paragraph (2) of the Regulation of the State Minister of Agrarian Services/Head of Nation Body for Land Affairs (BPN) No. 4 of 1996 confirming that SKMHT is not mandatory until the end of the principal agreement. The principle issue in this study is the factors that cause the developer defaults on the SKMHT agreement completed with buy back guarantee and the efforts made by a bank if a developer defaults on yhe agreement of buy back guarantee. Type of research used in this thesis was empirical legal research, which departed from the gap between Government Regulation State Minister of Agrarian Services/Head of Nation Body for Land Affairs (BPN) No. 4 of 1996, and the prevailing reality. The Approach used was a qualitative approach. Primary data collection technique was conducted using the method of taking sample interview with the Non-Random Sampling; secondary data collection was done through the technique of documentary studies and tertiary legal materials in the form of dictionaries and encyclopedias. The results showed that the factors that caused the developer defaults on the agreement of SKMHT equipped with buyback guarantee are internal and external factors. The internal factor is the missue of credit facilities and bad character of developers. External factors that make economic recession are that the bank interest rate jump dramatically, as a result many debitors are unable to pay loans. Efforts made by the bank if a developer defaults on the agreement of buy back guarantee can be an effort in litigation and non-litigation paths. The best solution for creditors is through non-litigation paths.

scholarly journals THE ROLE OF THE SUMMARY IN SAVING OF CONFUSED OBJECTIVES TO SUPPORT LAW ENFORCEMENT IN A CRIMINAL JURISDICTION SYSTEM

2018 ◽  
Vol 1 (2) ◽  
pp. 52-60
Author(s):  
Tri Budi Haryoko
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Criminal Procedure ◽  
Qualitative Approach ◽  
The State ◽  
The Core ◽  
Procedure Code ◽  
Storage House ◽  
Law Enforcement Officials

This writing aims to discuss the implementation of the duties and functions of  management of confiscated objects and booty of the state in the Class I Semarang  Sitemap Storage House. One of the core business of the implementation of the  RUPBASAN duties and functions is the function of saving the confiscated objects of the  state that have been mandated in. This paper will see if there is a gap gap when the  function of rescuing confiscated objects mandated by Law No. 8 of 1981 concerning the  Book of Law on Criminal Procedure (KUHAP) and Government Regulation Number 27 of  1983 concerning the Implementation of the Criminal Procedure Code can work well with  support and commitment. related law enforcement officials. It was also explained that  the storage of confiscated objects and booty of the State in the RUPBASAN aims to  guarantee the protection of the safety and security of confiscated objects for the  purposes of evidence at the level of investigation, prosecution, and examination in court  as well as objects which are otherwise confiscated for the state based on court decisions  which has permanent legal force.This paper uses a qualitative approach. The results of  the discussion indicate that the implementation of confiscated objects in RUPBASAN is in  accordance with the KUHAP mandate. But in its implementation these tasks and  functions have not been optimally supported both from internal institutions and related  law enforcement institutions. 

scholarly journals General Confiscation on Bankcrupty and Confiscation on Criminal Verdict

Rechtsidee ◽  
2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Victoria Pasari Putri
Keyword(s):  
Large Scale ◽  
Criminal Procedure ◽  
Small Scale ◽  
Legal Certainty ◽  
Debt Problem ◽  
Procedure Code ◽  
Principle Of Proportionality

General confiscation of bankruptcy and criminal confiscation often occur simultaneously, this has led to debate on both sides between the prosecutor and the curator. Prerihal who is most entitled to the property of palilit and confiscated goods into a long discussion. However, if explained clearly, it will be found that public confiscation can precede criminal confiscation. In this journal, the author tries to discuss the substance and outline of the forgery by using normative writing procedures and applicable statutory regulations. In terms of the benefits of the debt and debt problem can be resolved as soon as possible and as fair as possible so that the economy is disrupted, both economies of a small scale and economies of large scale by continuing to pay attention to the Principle of Proportionality which consumes rights and obligations so that everything is in context and achieves goals that are expected to be fair to every one. In terms of legal certainty, Article 31 of the KPKPU Law that mentions all confiscations, appointed when the debtor's bankruptcy is pronounced is a new regulation and a special regulation compared to the confiscation of criminal provisions contained inArticle 39 paragraph (2) of the Criminal Procedure Code.

scholarly journals Pelaksanaan Pembuktian Dalam Tindak Pidana Terorisme

JURNAL BELO ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 145-157
Author(s):  
Juanrico Alfaromona Sumarezs Titahelu
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Criminal Procedure ◽  
The Public ◽  
The Past ◽  
Procedure Code ◽  
The Government ◽  
Higher Law

Over the past few years these crimes have been growing more rapidly and disturbing the public. In the criminal acts of terrorism have become increasingly destructive form of crime with global scope. The Government has issued Government Regulation (decree) No. 1 of 2002 on Combating Criminal Acts of Terrorism. Then on April 4, 2003 decree that legalized as Law No. 15 Year 2003 on Eradication of Terrorism. But in reality proving criminal acts of terrorism is still a lot that is not in accordance with the existing rules, which means that there are many deviations that occur in the process of proving the criminal act of terrorism. Proving that in many criminal acts of terrorism against the rules of the higher law (Criminal Procedure Code) in comparison with the criminal act of terrorism law itself (Law No.15 of 2003). So that there are obstacles in proving the crime of terrorism is one of the Human Rights in value has been violating basic human

scholarly journals TERSANGKA PENYALAHGUNA NARKOTIKA MENDAPATKAN BANTUAN HUKUM DALAM PROSES PENYIDIKAN

2021 ◽  
Vol 1 (2) ◽  
pp. 126
Author(s):  
Agung Mustakim
Keyword(s):  
Human Rights ◽  
Drug Abuse ◽  
Criminal Procedure ◽  
Drug Abusers ◽  
Legal Assistance ◽  
Legal Aid ◽  
Legal Rules ◽  
Procedure Code ◽  
Protection Of Human Rights ◽  
Investigation Process

ABSTRAKHak tersangka perkara penyalahgunaan Narkoba untuk mendapatkan bantuan hukum dalam proses penyidikan merupakan asas dan komponen penting dalam sistem peradilan pidana yang dapat melindungi hak asasi tersangka dalam pelaksanaan proses peradilan yang tidak memihak. Penelitian ini bertujuan untuk mengetahui, memahami dan mengkaji apakah bantuan hukum wajib diberikan kepada tersangka penyalahgunaan Narkoba dalam proses penyidikan sebagai perlindungan HAM, dan mengkaji bagaimanakah fungsi advokat menurut UU No. 18 Tahun 2003 dihubungkan dengan kewajiban memberikan bantuan hukum kepada tersangka perkara penyalahgunaan Narkoba. Spesifikasi penelitian ini bersifat deskriptif analitis, guna memberikan gambaran tentang hak tersangka untuk mendapatkan bantuan hukum dalam proses penyidikan dan fungsi advokat serta kewajibannya memberikan bantuan hukum kepada tesangka penyalahgunaan Narkoba. Teknik analisis data yang digunakan adalah normatif kualitatif yaitu pemaparan dan penggambaran pengaturan perundang-undangan secara kualitatif yuridis. Berdasarkan hasil penelitian menunjukkan bahwa, bantuan hukum masih sekedar hak bukan kewajiban, padahal bantuan hukum bersifat imperatif dan sebagai perlindungan HAM karenanya bila bantuan hukum tidak diberikan adalah bertentangan dengan KUHAP, kemudian dengan tidak adanya sanksi atau lemahnya aturan hukum karena kepada penegak hukum yang lalai dan menghindar untuk tidak memberikan hak tersangka untuk mendapatkan bantuan hukum padahal ancaman hukuman diatas lima tahun dengan adanya surat pernyataan tersangka yang dibuat penyidik.  ABSTRACTThe right of suspects in drug abuse cases to obtain legal assistance in the investigation process is an important principle and component of the criminal justice system that can protect the suspect's human rights in the implementation of an impartial judicial process. This study aims to find out, understand and examine whether legal aid must be given to suspects of drug abuse in the investigation process as a protection of human rights, and to examine how the function of advocates according to Law no. 18 of 2003 is related to the obligation to provide legal assistance to suspects in drug abuse cases. The specifications of this research are descriptive and analytical, in order to provide an overview of the rights of suspects to obtain legal assistance in the investigation process and the function of advocates and their obligations to provide legal assistance to suspected drug abusers. The data analysis technique used is normative qualitative, namely the presentation and description of legal arrangements in a qualitative juridical manner. According to the study's findings, legal aid is still just a right, not an obligation, even though it is an imperative and a protection of human rights; if legal aid is not provided, it is contrary to the Criminal Procedure Code, in the absence of sanctions or weak legal rules due to negligent law enforcers, and avoiding giving the suspect the right to obtain legal assistance; if legal aid is not provided, it is contrary to the Criminal Procedure Code, in the absence of sanctions or weak legal rules due to negligent law enforce.

scholarly journals Investigation of Crime Committed by a Notary with the Approval of the Honorary Board of Notaries

2019 ◽  
Vol 6 (3) ◽  
pp. 822
Author(s):  
Wirman Wirman ◽  
Elwi Danil ◽  
Azmi Fendri
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Approval Process ◽  
Criminal Cases ◽  
Descriptive Data ◽  
Procedure Code

Proof of indication of crime from an authentic deed made by a notary requires the presence of a notary in the examination of criminal cases starting from the level of investigation, prosecution by the prosecutor, until proof through examination at the trial. The presence of a notary who is indicated to commit crime is very determined from the formal and material aspects. This study employs an empirical juridical approach which means looking at the implementation of the provisions and theories that become references to the discussion using primary and secondary data. Based on the results of the study, the descriptive data shows that the concept of regulation in the investigation of crime carried out by notary is closely related to the regulation of the duties and authorities of the notary as determined by Law on Notary Position through an audit approval process by the Honorary Board of Notaries which is technically specified in the Ministry Regulation Law and Human Rights No. 7 of 2016. It means that approval is fundamental after the request from the investigator. Furthermore, it is processed in accordance with the procedures specified in the provisions of the Ministry of Law and Human Rights. On the contrary, the provisions of the criminal procedure are still guided by the Criminal Procedure Code. Meanwhile, the form of a notary liability on the deed that he/she has made is a notary liability to the extent of the authority he/she has in carrying out the profession as a deed-making official; unless the notary makes a mistake or negligence so that the deed is detrimental to the appearers. The liability of a notary can be in the form of civil, administrative and criminal liability.

PENYIDIKAN TINDAK PIDANA KORUPSI DAN KERUGIAN KEUANGAN NEGARA DALAM OPTIK HUKUM PIDANA

2019 ◽  
Vol 1 (1) ◽  
pp. 85
Author(s):  
Suhendar Suhendar
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Specific Nature ◽  
Procedure Code ◽  
Financial Losses

Abstract This research emphasizes Corruption is a criminal act that is of a specific nature both in the context of actions and the party handling the investigation of the crime. This study aims to provide information on the first, How to investigate corruption in the criminal law optics; Second, how to investigate state financial losses in optical criminal law his research was conducted with normative research with primary and secondary data analyzed qualitatively. The results of the study indicate that legal investigations in eradicating criminal acts of corruption and state financial losses remain the authority of police investigators, as well as prosecutors and prosecutors, with technical investigation and prosecution procedures as stipulated in the formal criminal law of the Criminal Procedure Code and Law 31/1999 jo. Law 20/2001. While law enforcement in eradicating corruption that is the authority of the Corruption Eradication Commission is an exception to the authority of police investigators. Keywords: Investigation, Corruption, Criminal law

scholarly journals KEBIJAKAN PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEJAHATAN DALAM HUKUM POSITIF DI INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 197-218
Author(s):  
Nova Ariati
Keyword(s):  
Code Of Ethics ◽  
Secondary Data ◽  
Criminal Procedure ◽  
District Court ◽  
Constitutional Court ◽  
Procedure Code ◽  
Single Judge ◽  
Working Day ◽  
The Right ◽  
Trial Series

ABSTRAKSidang praperadilan dilakukan dengan cepat dan berita acara serta putusan praperadilan dibuat seperti pemeriksaan singkat dan dipimpin oleh seorang hakim tunggal. Tujuh hari merupakan ketentuan yang diamanatkan KUHAP untuk pelaksanaan rangkaian praperadilan yang cepat dan sederhana, mulai dari pemeriksaan perkara. Mahkamah Konstitusi melalui putusan nomor 78 / PUU-XI / 2013 menegaskan bahwa proses praperadilan paling lambat tujuh hari untuk memberikan kepastian hukum, terutama bagi pemohon yang merasa haknya dirugikan. Jenis penelitian ini adalah penelitian yuridis empiris yaitu sebagai upaya pendekatan masalah yang diteliti dengan sifat hukum yang nyata atau sesuai dengan kenyataan dilapangan, karena dalam penelitian ini peneliti segera melakukan penelitian di lokasi atau lapangan penelitian yaitu tempat yang diteliti untuk memberikan gambaran yang lengkap dan jelas tentang masalah yang diteliti. Sifat penelitian ini adalah deskriptif. Penelitian ini menggunakan data sekunder yaitu data yang telah disiapkan. Hasil dari penelitian ini adalah interpretasi hakim terkait sidang praperadilan selama tujuh hari antara hari kerja dan hari kalender dalam beberapa kasus dan relevansinya dengan kode etik hakim di Pengadilan Negeri Pekanbaru yang bervariasi. Hal ini karena masih adanya penafsiran hakim yang tidak sesuai dengan ketentuan KUHAP sehingga masih ada hakim yang memutuskan perkara praperadilan melebihi 7 hari kerja. Pemenuhan hak pemohon dengan interpretasi terkait sidang praperadilan tujuh hari antara hari kerja dan hari kalender di Pengadilan Negeri Pekanbaru masih memuat beberapa perkara yang menunjukkan terpenuhinya hak pemohon sesuai dengan ketentuan di dalam KUHAP. Dalam Pasal 82 ayat (1) huruf c KUHAP paling lambat tujuh hari hakim harus sudah mengambil putusan, padahal masih ada beberapa perkara yang putusan hakimnya dijatuhkan lebih dari 7 hari. Kata kunci: interpretasi; uji coba tujuh hari; praperadilanABSTRACTThe pretrial hearing is conducted quickly and the minutes and pretrial decisions are made like a brief examination and are chaired by a single judge. Seven days is a provision mandated by the Criminal Procedure Code for the implementation of a quick and simple pre-trial series, starting from the commencement of the examination. The Constitutional Court through decision number 78 / PUU-XI / 2013 asserted that at the latest seven days the pretrial process is to provide legal certainty, especially for applicants who feel their rights are harmed. This type of research is empirical juridical research that is as an effort to approach the problem under study with the nature of law that is real or in accordance with the reality in the field, because in this study, researchers immediately conduct research on the location or place under study to provide a complete and clear picture about the problem under study. The nature of this research is descriptive. This study uses secondary data, namely data that has been prepared. The results of this study are the interpretation of judges related to the seven-day pretrial hearing between workdays and calendar days in some cases and their relevance to the judge's code of ethics in the Pekanbaru District Court varies. There are still interpretations of judges who are not in accordance with the provisions of the KUHAP so that there are still judges who decide that pretrial cases exceed 7 working days. Fulfillment of the right of the applicant with a related interpretation of the seven-day pretrial hearing between the working day and calendar day in the Pekanbaru District Court still contains several cases that indicate the fulfillment of the right of the applicant in accordance with the provisions in the Criminal Procedure Code. In Article 82 paragraph (1) letter c KUHAP no later than seven days the judge must have made a decision, while there are still a number of cases where the judge's decision is imposed more than 7 days.Keywords: interpretation; seven days trial; pretrial

scholarly journals Fulfillment of Defendant's Rights in PERMA Number 4 of 2020 reviewed from the Principle of Due Process of Law

2021 ◽  
Vol 5 (2) ◽  
pp. 89-104
Author(s):  
Dewi Bella Juniarti
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Secondary Data ◽  
Criminal Procedure ◽  
Criminal Cases ◽  
Research Results ◽  
Procedure Code ◽  
Due Process Of Law ◽  
Limited Scope ◽  
Laws And Regulations

The purpose of this study is to find out and analyze the defendant's rights and the obstacles to their fulfillment through the principle of due process of law. The defendant's rights are contained in Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. It was considered that during the Covid-19 pandemic, the trial was conducted electronically due to the emergence of public social restrictions. This research was conducted using the juridical-normative method by examining library materials and secondary data through a previous study of laws and regulations, books, and research results. The deviations of the fulfillment of the defendant's rights in the electronic trial from those previously contained in the Criminal Procedure Code occur because of the limited scope regulated by Supreme Court Regulation 4/2020 that concerning electronic trials, so it is considered difficult to implement the defendant's rights in practice fully. Non-optimal fulfillment of the defendant's rights indicates that the due process of law principle cannot be applied in electronic trials, so it is necessary to update regulations regarding electronic trials in Indonesia to optimize the to optimize the development of national law that considered the perspective of justice.

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