Antory Royan Adyan
Universitas Bengkulu

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Kekuatan Hukum Visum Et Repertum Sebagai Alat Bukti di Tinjau dari KUHAP dan Undang-Undang No.23 Tahun 2004 Antory Royan Adyan
KEADILAN PROGRESIF Vol 1, No 1 (2010): September
Publisher : Universitas Bandar Lampung (UBL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (139.338 KB)

Abstract

The basicly, humans is social beings who relating to others. However, relationshipswith others are not impossible will cause a problem, the problem is one of them isdomestic or family violence. It is criminal act, because it has violated the law. Theapproach used is the problem of the normative approach, it is reviewing regulations,book/ /literature and other scientific papers, empirical approach is performed as asupport for the completeness of normative data, data analysis in qualitative analysis.The result of this research has shown about strenght of Visum Et Repertum. Visum EtRepertum as complementary instrument to seacrhing for material truth, because thejudge is limited by certainly jugde principle and application of the minimun thresholdof authentucation, so that certainly jugde principle to became dominant faith.
Kekuatan Hukum Visume et Repertum sebagai Alat Bukti Ditinjau dari KUHAP dan Undang-undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga Antory Royan Adyan
PRANATA HUKUM Vol 2 No 1 (2007): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v2i1.38

Abstract

Manusia pada dasarnya adalah makluk sosial yang berhubungan deangan orang lain dalam memenuhi kebutuhan hidupnya. Akan tetapi, hubungan dengan orang lain tersebut bukan tidak mungkin akan menimbulkan masalah. Masalah yang dimaksud salah satunya adalah kekerasan dalam rumah tangga. Kekerasan dalam rumah tangga sedah merupakan perbuatan yang perlu dikriminalisasikan karena telah melanggar undang-undang. Pendekatan masalah dalam penelitian ini adalah pendekatan normatif yang dilakukan dengan cara mengkaji peraturan-peraturan perundang-undangan yang berkaitan dengan mesalah, buku-buku atau literatur dan karya ilmiah lainnya. Pendekatan empiris dilakukan sebagai penunjang untuk kelengkapan data normatif. Analisis data dilakukan secara kualitatif. Hasil penelitian dan pembahasan menunjukkan bahwa Kekuatan pembuktian visum adalah sebagai instrumen pelengkap di dalam mencari kebenaran materil karena hakim dibatasi dengan asas keyakinan hakim dan asa penerapan batas minimum pembuktian sehingga unsur keyakinan kehakiman yang menjadi dominan.
Efektivitas Pasal 107 Ayat (2) Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan Antory Royan Adyan
PRANATA HUKUM Vol 7 No 1 (2012): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v7i1.111

Abstract

One of the conducted by effort is government in lessening great street accident is strarting to be gone into effect Code Number 22 Year 2009 about Traffic and Transportation Road, where decanted some new rule in the form of regulation obliging consumer society walke to turn on the light day time to rider of wheel motor vehicle two, as which is decanted in rule of Section 107, where pursuant to result of research which is komprenhensif by police, by turning on the light day time to rider of wheel motor vehicle two making vehicle become in evidence and directly improve journey security storey;level. Besides proven by turning on the light day time earn meminimalisir accident of rider of wheel two. But go into effect rule of Section 107 not yet earned to be told to go into effectively.
PROTECTION OF SELF-DEVELOPMENT RIGHT FOR CONVICTED CRIMINALS IN THE ENVIRONMENT OF CLASS IIA CORRECTIONAL INSTITUTIONS OF BENGKULU Henny Wins; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 1 (2021): April 2021
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (551.172 KB) | DOI: 10.33369/j_bengkoelenjust.v11i1.15787

Abstract

The correctional institutions developing nowadays adopts a penal system that is more educating and fostering. Formerly, correctional institutions adhered to a prison system that was more of a punishment for crimes committed by the criminals. In general, fostering the prisoners aims to make prisoners to be fully human through the strengthening of faith (mental endurance) as well as to foster the prisoners to be able to integrate naturally in prison and in a wider life (community) after serving their convictions. This study on the protection of self-development right for convicted criminals in the environment of class IIA correctional institutions of Bengkulu was an empirical legal research that aimed to find out and to analyze the implementation of protection of self-development right for prisoners as well as to find out and to analyze the obstacles faced in implementing the protection of self-development right for prisoners in the environment of class IIA correctional institutions of Bengkulu. Data sources of this research were primary and secondary data. Data collection methods applied in this study were interviews and documentation. The data processing method used was descriptive qualitative. From the results of the study, it was revealed that: 1) the implementation of the fulfillment of juvenile prisoners’ right to obtain education at the class IIA correctional institutions of Bengkulu had not been fully fulfilled. To fulfill the educational process, there are Program Kejar (Kelompok Belajar/Study Group) of Package A (equivalent to elementary school), Package B (equivalent to junior high school), and Package C (equivalent to high school) as a series of processes for fulfilling the right for education for juvenile prisoners. But the program had not run optimally according to standards set by the government. Most of the juvenile prisoners make self-taught learning; 2) in the implementation of the education process in prisons, there were several factors that become obstacles in its implementation. These factors included the lack of partners to carry out the process of fulfilling the right for education, the facilities available in correctional institutions were inadequate, the limited teaching staffs provided by the local Education Department, lack of supervision on juvenile prisoners if they were pursuing education outside correctional institutions, as well as minimal budget allocations for educational purpose in correctional institutions. 
THE IMPLEMENTATION OF RESTORATIVE JUSTICE AT THE WOMEN AND CHILDREN PROTECTION UNIT OF BENGKULU POLICE RESORT (CASE STUDY ON SEXUAL CRIME) Aziza Yuli Susanti; Antory Royan Adyan; Lidia Br Karo
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 9, No 2 (2019): November 2019
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.853 KB) | DOI: 10.33369/j_bengkoelenjust.v9i2.9983

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The frequent occurrence of cases of which the solutions did not prioritize the best interest for all parties which commonly called as Win-Win Solution resulted in Criminal Justice System to implement Restorative Justice System Justice in which considered to be better because it fix the relation between the victim and the perpetrator. This thesis research used empirical legal research method, the data used was primary, secondary, and tertiary data. The population in this study was all the investigators and co-investigators of Women and Children Protection Unit as well as all the parties who have dealt with Women and Children Protection Unit of Bengkulu Police Resort. Data analysis performed through descriptive qualitative method which elaborates the data in the form of sentences systematically based on the statements obtained from the result of the study in the field. The result of this study was in order to manifest an ideal role, investigators need to undergo development and improvement in various aspects, among others are: it is necessary to do socialization and coordination, improvement of quality as well quantity of adequate human resources, in order to be skillful, tenacious, and responsible and professional.
THE ROLES OF BHAYANGKARA OF TRUSTEES OF SECURITY AND PUBLIC ORDER (BHABINKAMTIBMAS) OF THE POLICE OF REPUBLIC OF INDONESIA (POLRI) IN IMPLEMENTATION OF RESTORATIVE JUSTICE AGAINST CRIMINAL OF PRESECUTION IN THE LAW OF THE NORTH BENGKULU POLICE Yosril Radiansyah; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 10, No 2 (2020): November 2020
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (64.36 KB) | DOI: 10.33369/j_bengkoelenjust.v10i2.13805

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This study raises issues related to the roles of Bhabinkamtibmas and the constraints of Bhabinkamtibmas in implementing restorative justice against criminal acts of persecution in the North Bengkulu Police. This study aims to find out and analyze what the roles and constraints of Bhabinkamtibmas in implementing the process of restorative justice against criminal acts are. This research is an empirical legal research type from the facts that exist ina society, legal entity or government agency. The results of this study indicate that the existence of Bhabinkamtibmas has helped many Police institutions especially North Bengkulu Resort Police starting from the early detection of criminal acts (pre-emptive functions), the process of preventing criminal acts (preventive functions) and the process of problem solving and law enforcement (repressive functions) one of its role is as a mediator and facilitator inthe process of restorative justice. The constraints or obstacles of Bhabinkamtibmas in carrying out their roles from the internal of the National Police and the personnel of Bhabinkamtibmas itself are related to knowledge, skills and ethics as well as external constraints such as the lack of a legal culture or response from the public and the absence of positive laws governing. The results of this study suggest that it needs legal reforms that accommodate the process of restorative justice in order to improve the legal culture and effectiveness of criminal law enforcement in Indonesia.
POLICE APPARATUS ROLE IN DETERMINING THE PERPETRATORS’ RESPONSIBILITY FOR DESTRUCTION OF GOODS CONDUCTED BY COMMUNITY (IN CASE OF TRAFFIC ACCIDENTS IN KAUR) Rianto Ade Putra; Antory Royan Adyan; Hamzah Hatrik
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (579.814 KB) | DOI: 10.33369/j_bengkoelenjust.v11i2.19785

Abstract

On Sunday of August 2nd, 2015 in Tanjung Harapan highway, Semidang Gumay District of Kaur Regency there has been a vigilantism (Eigenrichting) in the form of destruction and burning of one (1) unit of car that carried out jointly by the community, but until the study was conducted, there has been no follow-up for perpetrators of the destruction and burning of the car, so it raises the question whether the actions taken by community in Tanjung Harapan Village cannot be prosecuted. The purpose of this study was to determine how the role of Police Apparatus in determining the responsibility of perpetrators for destruction and burning of the car. The results showed that the role of Police in determining the responsibility of perpetrators for destruction of goods conducted by community was as the investigators in that case, and must make a report of criminal acts as referred to Article 6 Paragraph (1) and Paragraph (2) of   Head of the Indonesian Police (PERKAP) Number 12 of 2009, then these reports provide a basis for investigation in accordance with the provisions laid down in the Criminal Code. Police as investigators may use Article 406 Paragraph (1) and Article 170 of the Criminal Code as a chapter of suspicion in the investigation process against the destruction of goods conducted jointly by the members of the community in Tanjung Harapan Village of Kaur Regency.
CORPORATE LIABILITY FORMULATION POLICY ACCORDING TO ARTICLE 101 OF LAW NUMBER 31 OF 2004 JUNCTO LAW NUMBER 45 OF 2009 CONCERNING FISHERIES IN TERM OF CRIMINAL LEGAL REFORM IN INDONESIA Vivi Tri Kasih; Antory Royan Adyan; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol 11, No 2 (2021): November 2021
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.394 KB) | DOI: 10.33369/j_bengkoelenjust.v11i2.19671

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The corporation is the brain and source of funds for all illegal fishing activities and other crimes that occur along the chain of fishing business activities. According to Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries, Article 101 states that: "In the case of a criminal acts as referred to in Article 84 paragraph (1), Article 85, Article 86, Article 87, Article 88, Article 89, Article 90, Article 91, Article 92, Article 93, Article 94, Article 95, and Article 96, the acts are committed by corporations; prosecution and criminal sanctions are imposed on their management and the fine is added by 1/3 (one third) of the sentence imposed." It is necessary to renew the Fisheries Law in order to provide an overview in determining the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in Indonesia. The type of this research was normative by using primary, secondary and tertiary sources of legal materials. From the results of research and discussion, it was revealed that Corporate Liability according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in Indonesia currently does not explain things about the meaning of the word "management", which parties in the management structure of a corporation that can be held accountable, or to what extent the authority possessed by parties in the management structure of a corporation can be subject to criminal responsibility. Therefore, the Corporate Liability Formulation Policy according to Article 101 of Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries in the context of Criminal Law Reform in the future should be changed, this is important considering the formulation stage is the most strategic stage in the efforts to prevent and to control crime by including / expanding criminal liability, not only for the management but also for the corporation and its management.
NARCOTICS ABUSE AT THE BENGKULU CITY CLASS II A PENITENTIARY INSTITUTIONS Guslaini Guslaini; Antory Royan Adyan; Herlambang Herlambang
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 12 No. 2 (2022)
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v12i2.25043

Abstract

The objectives of this research were: (1). How was the application of sanctions against officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions (2) What were the obstacles to overcoming officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions? (3) What were the efforts to overcome officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions. In this thesis research method, the type of research used was descriptive. This type of research in legal research includes empirical legal research. The results of the study are: (1) the application of sanctions against officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions, for Penitentiary institutions officers involved in the narcotics distribution network will be sentenced to imprisonment according to Law Number 35 of 2009 concerning Narcotics; the warden must be subject to criminal sanctions and fines; and administrative sanctions according to the Regulation of the Minister of Law and Human Rights Number M. HH.16. KP. 05.02 of 2011 regarding the Code of Ethics for Penitentiary officers, the warden is subject to administrative sanctions, namely being dismissed as a penitentiary officer (there has been an inkracht decision). (2) The difficulties in collecting evidence to prove officers involved in narcotics abuse at the Bengkulu City Class II A Penitentiary Institutions are: difficulties in collecting evidence to prove; the supervision system in the penitentiary institution is not yet maximized; the number of wardens at the Bengkulu City Class II A penitentiary institution is not comparable to prisoners; the number of narcotics addicts who are only imprisoned without being rehabilitated; the human resources (3) Efforts to overcome officers involved in narcotics abuse at the Class II A Penitentiary Institution in Bengkulu City are: collecting data on prisoners and penitentiary officers who have used or are involved in narcotics problems; improving facilities and infrastructure; increasing the human resources of the Class II A penitentiary Institution officers in Bengkulu City, coaching for prisoners and officers of the Bengkulu City Class II A Penitentiary Institution who have been involved in narcotics problems.
THE AUTHORITY OF THE POLICE IN HANDLING CRIMINAL ACTS OF CORRUPTION BY CIVIL SERVANTS WHO ARE SUSPECTED OF COMMITTING ABUSE OF AUTHORITY BASED ON LAW NUMBER 30 OF 2014 CONCERNING GOVERNMENT ADMINISTRATION Desi Wulandari; Antory Royan Adyan; Iskandar Iskandar
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 1 (2023): April 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i1.27797

Abstract

To actualize the implementation of governance and development based on the principles of good governance dan clean good government, Law Number 30 of 2014 concerning government administration is the legal basis needed to base the decisions and/or actions of government officials to meet the legal needs of the public in governance. However, it is highly risky for corruption or abuse of authority possessed by government officials. The enactment of Law Number 30 of 2014 concerning Government Administration has changed the perspective of Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, which has been carried out by the Police from an enforcement approach to an administrative approach by the Government Internal Supervisory Apparatus (henceforth APIP - Aparat Pengawas Internal Pemerintah). The addition of bureaucratic systems in eradicating criminal acts of corruption occurred due to the existence of this APIP. This research discusses the authority of police in handling criminal acts of corruption by civil servants (henceforth PNS – Pegawai Negeri Sipil) who are suspected of abuse of authority based on Law Number 30 of 2014 concerning government administration. The method used in this research was normative juridical law research with a statutory approach. The results of the research showed that police, in handling complaints or reports of the handling criminal acts of corruption by PNS who are suspected of committing acts of abuse of authority, must be submitted to the APIP first. The involvement of APIP makes the Police unable to act immediately and it is feared that this procedure will prolong the investigation process. Efforts are being made so that the handling of criminal acts of corruption can be effective in preventing state financial losses, namely by coordinating with APIP, the Financial and Development Supervisory Agency, (henceforth BPKP - Badan Pengawas Keungan dan Pembangunan -), and other external institutions. Keywords: Police, Abuse of Authority, Criminal Acts of Corruption