Suchergebnisse

Restorative justice is currently being utilised as an alternative method for resolving criminal cases. As this approach continues to evolve, there have been numerous instances where judges have considered implementing Restorative Justice efforts during trials as a factor in determining the severity of punishment. This study aims to identify the legal foundation for implementing Restorative Justice at the Court Level and examine the considerations made by judges when applying Restorative Justice in sentencing criminal cases. This research employs a prescriptive normative legal research methodology, incorporating both a statutory approach (statute approach) and a contextual approach (conceptual approach). Primary and secondary legal materials and relevant non-legal materials are utilised in this study. The findings of this research demonstrate that the Supreme Court has long embraced the concept of restorative justice through implementing policies. Furthermore, it has become a significant factor for judges to consider when making decisions.

This study examines Law No 1 of 2023 concerning the Indonesian Criminal Code, mainly focusing on the provision regarding the insult of the President and/or Vice President in Article 218, paragraph 1. The research employs a normative juridical approach, explicitly analyzing the grammatical interpretation of the phrase "Degrading Act". The findings indicate that the "Degrading Act" encompasses actions that disrupt judicial processes, threaten judges, and insult the judiciary. This includes defacement, writing, drawing, or damaging national symbols, even when such actions deviate from their intended form, size, or colour. Notably, the study demonstrates that the categorization of the "Degrading Act" extends beyond mere legal definitions, encompassing considerations of societal propriety. By providing a comprehensive analysis of the legal and societal dimensions of insulting state leaders, this research contributes to a more nuanced understanding of the evolving legal landscape in Indonesia. Furthermore, the study offers a clearer understanding of the legal aspects concerning insults towards state leaders and contributes to the changing legal landscape in Indonesia.

This article explores the qualification of bribery in the private sector as a criminal offence in Indonesia. No specific positive legal regulation can prosecute individuals involved in private-sector corruption, resulting in a legal vacuum. Criminal law must consider realising a just and prosperous society, and the costs of criminalizing such acts (bribery in the private sector) should be balanced with the outcomes to be achieved. Although Indonesia's Law on the Eradication of Corruption (Law No 31 of 1999, as amended by Law No 20 of 2001) lags and is not in line with the United Nations Convention against Corruption, Indonesia should align its national criminal law with UNCAC, particularly Article 21 of UNCAC. By introducing new concepts and formulating provisions regarding bribery in the private sector in the law on the Eradication of Corruption, as well as implementing the Deferred Prosecution Agreement (DPA), it is hoped that future cases of bribery in the private sector in Indonesia can be effectively addressed.

The application of criminal conviction against children often causes debate. The philosophy of the juvenile justice system prioritizes the protection and rehabilitation of child perpetrators. Article 1 number 7 Indonesia Juvenile Criminal Justice System Law Number 12 of 2012 states the diversion is a diversion of the settlement of juvenile cases from the criminal justice process to the outside the criminal justice process. In the period 2017 to 2020, there were 12 suspected child users of narcotics crime at the Malang City Police Resort. Of the 12 cases of children as users of narcotics crimes handled by the Malang City Police Resort, none of which could be attempted by diversion. This means that all cases concerning children as perpetrators of narcotics crimes are all P21 or go to court. According to progressive law, cases of children should not be resolved in the mechanism stated in the existing formal text of the rules. The use of a progressive legal approach in solving cases of narcotics abuse by children is more effective because children are the future of the next generation of the nation's struggle and for the best interests of the children themselves.

The online loan via financial technology (fintech) is currently a new buzz in Indonesian society. Its facilities and ease in proposing the loan are very much attracting. However, this online loan practice often raises legal issues; one of them is personal data misuse. This article analyzes the usage of other people's personal data in fintech services. This is a doctrinal legal research with statute approach. The results reveal that personal data protection has yet firmly ruled in legislation. This proves that privacy is not an urgent matter to safeguard. It then implies to the many cases on personal data theft in online loan. The operators of fintech services are responsible to protect customers' personal data. Those found guilty to misuse the personal data will be subject to criminal sanction.Pinjaman online melalui teknologi finansial menjadi trend baru masyarakat Indonesia. Berbagai fasilitas dan kemudahan dalam pengajuan pinjaman menjadi daya tarik tersendiri. Namun, praktik pinjaman online sering menimbulkan persoalan hukum, salah satunya adalah penyalahgunaan data pribadi. Artikel ini bertujuan menganalisis penggunaan data pribadi orang lain dalam layanan finansial teknologi. Artikel ini berasal dari penelitian hukum doctrinal dengan pendekatan peraturan perundang-undangan. Hasil penelitian ini menunjukkan bahwa perlindungan data pribadi belum diatur secara tegas dalam peraturan perundang-undangan. Kondisi ini menunjukkan bahwa privasi bukan persoalan yang urgen untuk dilindungi. Hal ini berimplikasi terhadap maraknya pencurian data pribadi dalam pinjaman online. Penyelenggara jasa layanan finansial teknologi memiliki tanggung jawab untuk melindungi data pribadi nasabah. Penyelenggara yang terbukti menyalahgunakan data pribadi dapat dikenai sanksi pidana.

This article described the elements of criminal acts against falsification of inheritance certificate, the responsibility of a notary and the one whose certificate of inheritance had been falsified by the others, and the legal consequences of a court decision on the land which certificate of inheritance had been falsified by the other. The method used normative juridical by using a legislative approach and conceptual approach. The results of the study showed that the element of criminal acts against forgery of inheritance certificate is the intention and intent to falsify, the act violates the provisions of the Notary Position Act (UUJN), and the notary didn't an act outside his authority. The criminal responsibility of a notary carried out his place it is proven to have committed a violation. The regulation didn't specifically regulate criminal sanctions against notaries who have been falsified letters due to fraud and errors committed by the complainants. The legal consequences of a certificate of inheritance forged by one of the parties made by a notary were null and void because it has removed one of the heirs and the letter would be cancelled if the postulating party can prove in court in court.DOI: http://dx.doi.org/10.17977/um019v3i12018p022

Corruption is a severe problem for every country in the world. This is related to the modus operandi and the impact of corruption that can destroy the economic order of a country. Realizing the consequences of corruption, we need extraordinary treatment in coping with corruption, one of which is by establishing an anti-corruption agency. This provision is adopted in Indonesian law in Law No. 46 of 2009 concerning the Corruption Court which was established based on the provisions of Article 35 of Law No. 30 of 2002 concerning the Corruption Eradication Commission (KPK) and based on the decision of the Constitutional Court No. 012-016-019/PUU-IV/2006 dated December 19, 2006. However, in the provisions of Article 1 and Article 10 of Law No. 46 of 2009 concerning the Court of Criminal Acts of Corruption, a provision distinguishes the legal position between ad hoc judges and career judges, which limits the principle of independence of judicial power, especially for ad hoc judges. This legal research used normative juridical approach. The data used were primary and secondary data which were analyzed using quantitative method. It was found that, first, the Corruption Court was established because of public distrust of the general court which examines and decides on corruption cases, low verdicts, non-transparent handling, and low integrity of legal apparatus; second, the meaning of ad hoc deviates to a particular purpose, instead of temporary or impermanent as its juridical interpretation.

The abuse of narcotics and dangerous drugs in Indonesia in recent years has become a severe problem and creates a very worrying situation. Victims of drug abuse have expanded in such a way beyond the boundaries of social strata, age, and gender. Drugs have penetrated not only urban areas but also rural areas and beyond national borders, which results in very detrimental consequences for individuals, society, the country, and especially the younger generation. It can even threaten the nation's life and cultural values, weakening national resilience. The law functions as the protection of human interests. For human interests to be protected, the law must be implemented.

Ratio legis is the reason or purpose for making a law, ratio legis is a thought that becomes philosophical basis or content behind the inception of the law. Related to ratio legis, the legislation in every country has different characteristics in arranging it, specifically in the legislation related to the defense certainly has its defense strategy which is adjusted to geographical condition, threat and ideology. State defense is aimed to defend the wholeness of a state, state sovereignty and nation's safety from threat and disturbance to the wholeness of nation and state. Then state defense of Indonesia can be understood as a total defense system that involve all citizens, regions and other national resources. System of defense is prepared early by the government and held totally, integrated, directed, and continued to enforce state sovereignty, wholeness of region and nation's safety from the threat of system of stte defense which then it needs to be formulated into instrument of law or legislation. This study uses normative legal research, analyzing relation of article 30 UUD 1945, article 7 UU No. 34 year 2004 on Indonesian Military (TNI) and article 43 UU No. 5 Year 2018 on Eradication of Terrorism Criminal Act and other regulation related to legal issues of regulating terrorism eradication from the perspective of state defense and safety, specifically giving task of Indonesian Military in solving terrorism act as a part of Military Operation other than war. The aim that wants to be achieved is finding consistency and conformity among related laws namely giving task of Indonesian Military in handling terrorism act and its relation to Military Operation other than war. From the study, it obtains an argument to answer actual issue of terrorism eradication from the relevant and urgent defense and safety perspectives for Indonesia that becomes the focus of this study

Provisions of Article 32 Paragraph (2) of Law 31/1999 jo. Law 20/2001 provides an alternative to the filing of a civil suit to recover state financial losses for corruptors even though they have been terminated criminally free. The problem is how to implement the civil lawsuits in returning state finances in law practice. Because legal practice shows that there are legal problems in Article 32 paragraph (2) of Law 31/1999 jo. Law 20/2001 which implies the lack of use of civil litigation instruments in corruption cases.

The purpose of this research is to find out how to resolve corruption on the basis of the value of state loss with an economic approach to the law. This research is normative juridical research with a statute approach, comparative approach, case approach and conceptual approach. This research shows research on the philosophy of eradicating corruption, restoring state losses, and high efficiency in order to realize economic growth and national development through an economic analysis approach to the application of its law. The results showed that the PTPK Law was made for economic stability, therefore, solving the problem of corruption cannot be separated from the consideration of the country's economy, and the costs that pose a relative risk to state expenditure affecting the country's economy. The juridical reality, the regulation of additional criminal charges, namely the penalty of paying as much as the amount of corrupt compensation as stated in Article 18 paragraph 1 letter (b) of the PTPK Law, if it is related to empirical facts about the imbalance between costs and the recovered economic value, is the reality is that the series of state expenses have increased.

The corruption criminal court is an institution that is given the authority to examine and decide corruption cases. The purpose of this study was to determine the juridical implications of the principle of the independence of the judicial power. This study uses a normative approach with quantitative analysis. The existence of a corruption court established on judicial power states that a special court can only be formed by a separate law. Then the corruption court is an institution that has the authority to examine and decide corruption cases. In its implementation, the composition of judges in the corruption court is divided into two, namely career judges and ad hoc judges. In its implementation, there are several things in the legislation that are contrary to the principle of independence of judicial power and violate the principle of freedom of judicial power, especially for ad hoc judges in the criminal court of corruption.

Ethics supervision of constitutional justices is an important issue for the development of ethics supervision system in the Constitutional Court, because the supervision of constitutional justices is a means of maintaining the independence and impartiality of constitutional justices, which is in fact the main pillar of an independent judiciary. In its development, there has always been a debate about the ethics supervision of the constitutional justices, whether the justices should be overseen externally or internally. This is because, juridically, the law does not regulate it clearly. Based on the above background, the research issues drawn are: (1) What is the significance of ethics supervision toward constitutional justices ?; (2) What is the system of ethics supervision of constitutional justices according to Indonesia's current positive law, (3) How to reconstruct the system of ethics supervision of constitutional justices more optimally in the future? Based on the result of the research entitled "Reconstruction of Ethics Supervision System toward Constitutional Justice", the following conclusions are obtained: (1) Based on philosophical, juridical and empirical perspective, ethics supervision of constitutional justices has important meaning in order to maintain and uphold the honor, dignity, and the behavior of constitutional justices. (2) Based on the analysis of the evolution of the ethics supervision system, the result shows that the ethics supervision system toward constitutional justices which is always changing indicates that there is still no standard system as a guideline for the enforcement of alleged violation of ethics against the constitutional justices. Therefore, there is a need for normative reconstruction of the ethics supervision system toward constitutional justices through legislation. (3) The reconstruction of the ethics supervision system toward constitutional justices can be done through: a. Amendment to the 1945 Constitution by adding a new norm governing the provision on ethics supervision system toward constitutional justices, b. Amendment to the Constitutional Court Law.

Fundamentally, all forms of punishment are deprivation of human rights. One of the most severe punishments in criminal justice system is death penalty which is specifically aimed at serious crime. Several mechanisms as a form of legal protection for death convicts are judicial review and clemency petitions. Problems arise due to the time difference in the waiting period, which is not limited and in some cases even reaching 20 (twenty) years. Meaning, death penalty convicts have experienced two sufferings at once (double suffering) which is certainly contrary to the principle of punishment in the context of modern criminal law. The research aim is to analyse the basis for the philosophy of legal protection for death penalty convicts who are not executed immediately after the verdict becoming legally binding. This research is a normative legal research with the approach of Law, History, Comparison, Philosophy and Cases. The legal materials used are primary, secondary and tertiary with analytical techniques using perspective analysis. The results of the study indicate that in the future there must be uniformity regarding the waiting time limit regulated in the legislation, namely a period of 10 (ten) years as a form of legal protection for death penalty convicts, so the effectiveness of the death penalty as a preventive and repressive means can be realized.

Arrangements regarding legal remedies that can be submitted by investigators against the judge's decision regarding investigative actions in the form of terminating the investigation with the issuance of an Investigation Termination Order (SP3) in pretrial cases. Law No. 8/1981 on the Criminal Procedure Code was not expressly enforced. This article aims to identify legal remedies against pretrial decisions regarding the invalidity of the Termination of Investigation Order (SP3) in the future. This paper is normative legal research, namely the process of finding legal rules, legal principles, and legal doctrines to address legal issues at hand. The result of this study is the arrangements regarding extraordinary legal remedies in the form of a judicial review of criminal decisions that have permanent legal force and are not acquitted or released from all previous legal claims before the entry into force of the Criminal Procedure Code that have been regulated can also be submitted by interested parties. Necessary to reconstruct the regulation of legal remedies against pretrial decisions, especially extraordinary legal remedies in the form of reconsideration, especially by investigators as parties who are very interested in the action.