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Criminal Liability Against Livestock Owners That Damage Other People's Gardens Achmad Surya; Suhartini Suhartini
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page161-172

Abstract

In criminal law, owners who allow their livestock to damage other people's land or gardens can be held legally responsible, as regulated in Article 549, paragraph 1 of the Criminal Code. However, in practice in the field, there are still people who keep their livestock in other people's gardens. This study aims to examine criminal sanctions against livestock owners who damage other people's gardens and criminal liability for those who damage other people's gardens. This type of research is juridical empirical by using primary data and secondary data. The results show that Criminal sanctions against livestock owners who enter other people's gardens may be subject to fines or compensation for parks damaged by livestock. If the penalties are not implemented, they can be replaced with imprisonment for 14 (fourteen) days. At the same time, criminal liability to livestock owners who enter other people's gardens can only be resolved amicably or peacefully at the village level through the traditional sarak opat institution.
The Role of the Sarak Opat in Resolving Minor Crimes Suhartini Suhartini; Achmad Surya
Jurnal Media Hukum Vol 29, No 2: December 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v29i2.14471

Abstract

The Sarak Opat as one of the customary institutions in Aceh have been authorized to settle disputes of minor cases at the village level in Central Aceh, Aceh, Indonesia. This is guaranteed by the applicable  laws and regulations. However, the practice of resolving minor cases is currently delegated to the judiciary. Therefore, this study was a legal empirical or sociological research to analyze primary and secondary data in Central Aceh Regency. Data collection method employed were direct interviews with selected informants, and the collected data were processed in qualitative analysis method. The results showed that the role of the Sarak Opat customary institution in resolving minor cases in the Gayo community in Central Aceh has a strong legal basis as mandated by various national and regional legal policies. Subsequently, the customary institution has two considerations in delegating minor criminal cases to the judiciary. First, the litigants are dissatisfied with the sanctions decided by Sarak Opat. Second, the officials of Sarak Opat lack understanding of their authority as a customary justice institution.
Law Enforcement on Criminal Acts of Fuel Oil Distribution Illegally Subsided Achmad Surya; Suhartini Suhartini
UNIFIKASI : Jurnal Ilmu Hukum Vol 10, No 1 (2023)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v10i1.6925

Abstract

Misuse of distribution of fuel oil (BBM) often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data obtained through library data in the form of primary legal materials, namely binding regulations, secondary and tertiary materials. Research results show, law enforcement against the illegal distribution of subsidized fuel oil (BBM) has never been carried out by the Central Aceh Resort Police, due to the absence of reports from the public.  The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency. First, Supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of Public Fuel Filling Stations (SPBU). Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.
Law Enforcement On Criminal Acts Of Fuel Oil Distribution Illegally Subsided Achmad Surya; Suhartini Suhartini
Widya Yuridika Vol 6, No 2 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i2.4090

Abstract

Misuse of distribution of fuel oil (BBM) often occurs illegally, to gain individual or business entity benefits by harming the interests of the general public and the state. This act is against the law and can be subject to criminal penalties as regulated in Law Number 22 of 2001 concerning Oil and Gas. This type of research is empirical law using primary data obtained directly from the field through interviews with related parties, while secondary data obtained through library data in the form of primary legal materials, namely binding regulations, secondary and tertiary materials. Research results show, law enforcement against the illegal distribution of subsidized fuel oil (BBM) has never been carried out by the Central Aceh Resort Police, due to the absence of reports from the public.  The efforts of police investigators in overcoming the crime of distributing subsidized fuel oil (BBM) in Central Aceh Regency, First. Supervise the distribution of subsidized fuel in cooperation with local governments, as well as coordinate with owners of Public Fuel Filling Stations (SPBU). Second, urge the public to report to the police if it is found that the distribution of subsidized fuel is illegal.
Legal Protection for Victims of Motor Vehicle Purchase as A Result Of Act Criminal Theft Achmad Surya
RESAM Jurnal Hukum Vol 9, No 2 (2023): RESAM Jurnal Hukum
Publisher : RESAM Jurnal Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32661/resam.v9i2.79

Abstract

In a transaction of buying and selling goods, people are sometimes and mostly interested in goods that are sold below market price. However, sometimes the desire to obtain a difference or profit, if not careful, can ensnare the buyer in criminal law matters, namely the act of cheating. The purpose of this research is to determine legal protection for victims of motor vehicle purchases resulting from criminal acts of theft by Bener Meriah District Police Investigators. This research is normative law with a case approach method and statutory regulations. The data source used is secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. The data that has been collected is processed in the form of qualitative analysis. After the data is analyzed one by one, it is then arranged systematically so that it can answer the problems of this research. The research results explain. Legal protection for victims of purchasing motorized vehicles resulting from criminal acts of theft, currently cannot be fulfilled according to criminal law and witness and victim protection laws, victims can become suspects if the purchaser of the vehicle actually knew that the vehicle was obtained as a result of a crime or reasonably thought that The vehicle is the result of a crime, for which the buyer can be charged under Article 480 of the Criminal Code (KUHP).