Article Per Year (5 Year)
p-Index From 2019 - 2024
1.978
P-Index
This Author published in this journals
All Journal Wacana Hukum Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam TANJUNGPURA LAW JOURNAL Jurnal Jatiswara Source: Jurnal Ilmu Komunikasi Risalah Hukum Jurnal Dedikasi Hukum DIKTUM: JURNAL SYARIAH DAN HUKUM
Orin Gusta Andini
Fakultas Hukum Universitas Mulawarman
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 12 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search
Journal : Risalah Hukum

 1 
Penerapan Asas The Binding Persuasive of Precedent Terhadap Pidana Di Bawah Ketentuan Minimum Khusus Dalam Tindak Pidana Narkotika Dayang Debby Aulia Hakim; Ivan Zairani Lisi; Orin Gusta Andini
Jurnal Risalah Hukum Volume 17, Nomor 2, Desember 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.632

Abstract

Narcotics crimes include crimes outside the Criminal Code which are regulated in the Narcotics Law Number 35 of 2009 and therein regulates special minimum sentence provisions. The approach used is a doctrinal approach with the aim of knowing two main points of discussion: First, the author wants to know and understand the punishment for narcotics crimes that are criminalized under a special minimum sentence. Second, the author wants to know the implementation of the binding persuasive principle of precedent in the judge's consideration in deciding narcotics crime cases under a special minimum sentence. Based on the results of the study, it can be concluded that the punishment of narcotics crimes that are sentenced under the special minimum provisions are not in accordance with the special minimum sentence provisions in the Narcotics Law, causing legal uncertainty. Then legal certainty and the principle of the binding persuasive of precedent cannot be applied because the judge uses his freedom in imposing a sentence by imposing a sentence under a special minimum provision. Keywords: the binding persuasive of precedent principle; judge’s consideration; minimum sentence.
Penerapan Asas The Binding Persuasive of Precedent Terhadap Pidana Di Bawah Ketentuan Minimum Khusus Dalam Tindak Pidana Narkotika Dayang Debby Aulia Hakim; Ivan Zairani Lisi; Orin Gusta Andini
Jurnal Risalah Hukum Volume 17, Nomor 2, Desember 2021
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v18i2.632

Abstract

Narcotics crimes include crimes outside the Criminal Code which are regulated in the Narcotics Law Number 35 of 2009 and therein regulates special minimum sentence provisions. The approach used is a doctrinal approach with the aim of knowing two main points of discussion: First, the author wants to know and understand the punishment for narcotics crimes that are criminalized under a special minimum sentence. Second, the author wants to know the implementation of the binding persuasive principle of precedent in the judge's consideration in deciding narcotics crime cases under a special minimum sentence. Based on the results of the study, it can be concluded that the punishment of narcotics crimes that are sentenced under the special minimum provisions are not in accordance with the special minimum sentence provisions in the Narcotics Law, causing legal uncertainty. Then legal certainty and the principle of the binding persuasive of precedent cannot be applied because the judge uses his freedom in imposing a sentence by imposing a sentence under a special minimum provision. Keywords: the binding persuasive of precedent principle; judge’s consideration; minimum sentence.
Pengajuan Kasasi Tindak Pidana Ringan (Studi Relaas Pemberitahuan Putusan Banding Nomor 164/Pid/2019/PT Smr) Ulfah Norhani; Ivan Zairani Lisi; Orin Gusta Andini
Jurnal Risalah Hukum Vol 18 No 2 (2022): Volume 18, Nomor 2, Desember 2022
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Cassation Law is the right of the defendant or public prosecutor not to accept the court's decision. Cases categorized as minor crimes are cases where the threat of a criminal verdict is a maximum of 3 months of confinement/imprisonment and a fine, one of which is a criminal act of using land without permission. The purpose of this study is to review and analyze, first, the legal arrangements for filing appeals according to SEMA No. 8 of 2011 against cases of minor criminal acts of using land without permission Decision Number 164 / Pid / 2019 / PT Smr and legal considerations of the Bailiff of the Samarinda District Court in issuing a notice of appeal decision No. 164 / Pid / 2019 / PT Smr which explains that the defendant can apply for cassation. The results showed that the legal arrangement for filing an appeal according to SEMA No. 8 of 2011 against cases of minor criminal acts of using land without permission Decision Number 164 / Pid / 2019 / PT Smr is a case that is not eligible to be appealed because the criminal verdict falls on qualifications that are threatened with imprisonment under 1 (one) year. Legal considerations for the issuance of a notice of appeal decision No. 164/Pid/2019/PT Smr, which explains that the defendant can apply for an appeal based on the Bailiff being obliged to convey the Right of a Defendant because the defendant has the right to file an appeal and in Article 205 of the Criminal Procedure Code regarding the examination of minor crimes there is no specific mention of the prohibition of filing appeals.
Pertanggungjawaban Hukum Penyidik Terhadap Perbuatan Salah Tangkap Dalam Perspektif Hukum Pidana Dan Hak Asasi Manusia Dedy Irawan; Haris Retno Susmiyati; Orin Gusta Andini
Jurnal Risalah Hukum Vol 19 No 1 (2023): Volume 19, Nomor 1, Juni 2023
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The wrongful arrest by investigators simultaneously occurs during the arrest process, resulting in a violation of someone's human rights. The responsibility of investigators for wrongful arrests has been regulated in the Criminal Procedure Code and the police professional code of Ethics. The research approach used is a socio-legal approach that aims to find out two main points of discussion. First, the author wants to know and analyze the legal responsibility of investigators who commit wrongful arrests from the perspective of criminal law and human rights. Second, the writer wants to know and analyze the enforcement of criminal responsibility laws against investigators who commit wrongful acts of arrest in the Kutai Kartaneagara Police area. Based on the results of the research, it can be concluded that the responsibility of the investigator is towards the occurrence of wrongful arrests from a criminal law perspective, namely by imposing sanctions on the professional code of ethics of police and disciplinary law or further regulated in Article 13 PP No. 1 of 2003 concerning the Intentions of Members of the National Police of the Republic of Indonesia. Apart from that, from a human rights perspective on wrongful arrests, investigators must be processed following Perkap No. 8 of 2009 concerning the Implementation of Human Rights Principles and Standards in implementing the Duties of the Republic of Indonesia Police. Then the obstacles in enforcing the criminal law against wrongful arrests are caused by the lack of strict application of the police code of ethics sanctions against investigators, specifically regarding sanctions against investigators who violate the police code of ethics.
Co-Authors Adit TIarahman Anak Agung Gede Sugianthara Arifurrahman Arvita Hastarini Dayang Debby Aulia Hakim Dedy Irawan Fitrah Marinda Haris Retno Susmiati Ivan Zairani Lisi Khulaifi Hamdani Lisa Aprillia Gusreyna Nadya Audrey Nilasari, Nilasari Pradana, Syafa’at Anugrah Salman Alfarisi Surya Eriansyah Ulfah Norhani