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PENERAPAN SANKSI PIDANA PADA PUTUSAN NO. 870/PID.B/2016/PN.JKT.SEL. DITINJAU DARI UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DAN UNDANG-UNDANG NO. 2 TAHUN 1981 TENTANG METROLOGI LEGAL (STUDI KASUS PUTUSAN NO. 870/PID.B/2016/PN.JKT.SEL.) Ardi Ardi; Firman Wijaya
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5244

Gasoline or fuel oil is a necessity for society, especially for motor vehicle owners. In Indonesia, Pertamina as one of the fuel suppliers cooperates with the private sector to offset business competition with gas stations from abroad. In terms of Pertamina gas stations that are partnering with the private sector, cheating is not uncommon, such as the dosage of fuel oil that is not in accordance with the truth. As happened at Pertamina gas station in Rempoa area where the perpetrators involved 3 gas station managers and 2 gas station employees using additional equipment installed in the fuel dispenser and controlled using a remote control. With the existence of criminal sanctions in both laws, Act No. 8 of 1999 concerning Consumer Protection and Act No. 2 of 1981 concerning Legal Metrology, so that the actions of these perpetrators can be criminally accountable as can be seen in the Decision of the South Jakarta District Court Number 870/Pid.B/2016/PN.JKT.SEL. How is the application of criminal sanctions on Decision No. 870/ Pid.B/2016/PN.JKT.SEL. reviewed from Act No. 8 of 1999 concerning Consumer Protection and Act No. 2 of 1981 concerning Legal Metrology? The author use normative legal research and uses interview data as supporting data. The results of the study revealed that the criminal sanctions imposed on the three gas station managers were considered appropriate even though the maximum sentence was not applied, but the judges had their own freedom and legal considerations in deciding cases.

Analisis Yuridis Penerapan Justice Collaborator Dalam Tindak Pidana Korupsi (Studi Putusan Mahkamah Agung Nomor 430 K/Pid.Sus/2018) Novitha Sitohang; Firman Wijaya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.11244

Justice Collaborator can be said to be an extraordinary legal effort and has a very meaningful role in uncovering the problem of corruption, even though its implementation often arises problems. The problem in this thesis is how is the implementation of Justice Collaborator in Corruption Crime (Study of Supreme Court Decision Number 430K / Pid.Sus / 2018). The research method in the preparation of this thesis is a normative juridical research method, namely research is carried out by first examining the law library materials related to the case and then being viewed objectively through the provisions of the applicable legislation. This research has a descriptive character, namely describing and analyzing the cases presented which aim to describe concretely about the juridical study of the application of Justice Collaborator in criminal acts of corruption in Indonesia. In the research conducted by the author, it can be concluded that in SEMA Number 4 of 2011, a juice collaborator is given to one of the perpetrators of a certain crime, admits that he was committed, not the main actor in the crime itself, and can provide information as a witness in the judicial process. Certain criminal acts referred to in this SEMA are corruption, terrorism, narcotics, money laundering, human trafficking, and other organized crimes. Thus, this criminal act can cause serious problems and threats to the stability and security of society, however, the priority that is centered in this SEMA is the Crime of Corruption.

KEPASTIAN HUKUM TERHADAP PERAMPASAN ASET YANG BUKAN MILIK NEGARA Jhon Pridol; Firman Wijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Legal certainty is one of the "three basic values of the law" which means it can be equated with the principle of law. A verdict or court decision must be in accordance with the law because the judge must judge based on the law. Decisions must also be fair, objective and impartial. Therefore the ideal decision is a decision that contains justice, usefulness and legal certainty proportionally. Seeing from the application of the Criminal Procedure Code, the main purpose of tracking assets resulting from criminal acts to be confiscated in court proceedings and ultimately resulting in a court decision is to be returned to the rightful party. In practice, there is a conflict between the victim and the judge's decision regarding the confiscation of evidence by the State that was confiscated from a First Travel travel agent, because the evidence seized from First Travel is the result of fraud from a prospective Umrah pilgrimage that should be returned to the victim as compensation.

EFEKTIVITAS MENGENAI KEPASTIAN HUKUM PENERAPAN DELIK FORMIL UU 20/2001 TENTANG PEMBERANTASAN TIPIKOR (25/PUU-XIV/2016) Tador Christopher D.H.; Firman Wijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Decision of the Constitutional Court Number 25/PUU-XIV/2016 has ruled that the use of the phrase "can" in Article 2 paragraph (1) jo. Article 3 of the UU Tipikor has been declared contrary to the UUD NRI 1945 and declared contrary to the law. However,Decision No. 25/PUU-XIV/2016 basically contrary to Legal Certainty. The problem examined is how is the legal certainty in the application of formal offense in the elimination of the "can" in Article 2 Paragraph (1) Jo Article 3 of the UU Tipikor after Post-Corruption The Constitutional Court of the Republic of Indonesia Number 25 / PUU-XIV / 2016 which Changes the Application of the Form of Formal Decree into Material Delict? The author examines this problem using normative research methods supported by expert interview data. The author analyzes that in removing the word "can" from the formulation of the two norms of the article will fundamentally change the offense qualifications of criminal acts of corruption. The author concludes that the Decision was basically inappropriate, because it contradicted Legal Certainty. The author suggests that there needs to be an affirmation of the Decision and the Judge in deciding the Decision should review the contents of the Decision Number 003/PUU-IV/2006 which is a form of jurisprudence.

ANALISIS PUTUSAN NOMOR 559/PID.B/2017/PN.BYW. PENGADILAN NEGERI BANYUWANGI TENTANG PENYEBARAN AJARAN KOMUNISME/MARXISME-LENINISME SECARA MELAWAN HUKUM BERDASARKAN PASAL 107A KUHP Andreas Purba; Firman Wijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Budi Pego was charged with violating Article 107a of Law Number 27 of 1999 concerning Amendment to the Criminal Law Code relating to crimes against State security, because of. Because of these accusations, Budi Pego was charged with a 10-month prison sentence in the Banyuwangi District Court. The problem faced is how criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code (case study of decision No. 559 / Pid.B / 2017 / PN.Byw)? The research method used is normative legal research. The results showed that criminal liability on the perpetrators of the spread of the teachings of communism in terms of Article 107A of the Criminal Code in Decision No. 559 / Pid.B / 2017 / PN.Byw. it is inappropriate if this criminal liability model is applied to criminal liability to individuals. Considering that individual accountability still requires actions and mistakes as a basic element of accountability. That is, without any deeds and mistakes, there is no criminal liability. Regarding the Budi Pego case, the policy of criminalizing the ideology of Communism/Marxism-Leninism was decriminalized. If this cannot be done, then the legislators need to revise Law No. 27 of 1999 with the concept of eliminating articles containing formal offenses and replacing them with the formulation of material offenses and in the formulation of the weight of sanctions.

ANALISIS PENGEMBALIAN ASET TERPIDANA TINDAK PIDANA NARKOTIKA PADA PUTUSAN MAHKAMAH AGUNG NOMOR 250K/PID.SUS/2018 MENURUT UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Dennis Nathanael Lempoy; Firman Wijaya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10609

Drug dealer Murtala Ilyas commits a crime of money laundering from the results of narcotics transactions. However, in the Supreme Court Decree No. 250K / Pid.Sus / 2018, the Supreme Court judge sentenced the Defendant to an 8-year prison sentence and a fine of Rp. 5,000,000,000 and the judge returns the Asset in the Value of Rp. 142,131,500,000 to the Defendant. The problem faced in writing this thesis is whether the return of assets convicted of narcotics crime in the Decision of the Supreme Court Number 250K / Pid.Sus / 2018 in accordance with Law Number 35 of 2009 concerning Narcotics. The research method used in writing this thesis is normative legal research. The results showed that the return of assets convicted of narcotics crime in the Supreme Court Decree Number 250K / Pid.Sus / 2018 was in accordance with the juridical basis namely the Criminal Procedure Code, Narcotics Law, and Government Regulation 40 of 2013, because the assets owned by the defendant amounted to Rp 142,131,500 (one hundred forty two one hundred thirty one five hundred billion), which is evidence number 11, 12, 13, and 14 (12 pieces of gold round rings, 14 rings of gold, 14 rounds of gold rings 8 pieces, and 1 piece of pendant) obtained before the delicti in casu tempus in 2009 until 2016 were returned to the defendant.

PENAFSIRAN HAKIM PENGADILAN NEGERI ATAS BARANG SITAAN TINDAK PIDANA UNTUK DIMUSNAHKAN Dimas Farlyanda Prathama; Firman Wijaya
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8931

This research is motivated because confiscated goods that still have value should be appropriate to support those who are entitled in this case the representatives or victims who litigate and seek justice in court. The State and the Government are obliged to provide legal protection and provide equality from all classes of society, because all are equal before the law (equality before the law). The vonnis's fall was one of the most difficult things a judge had to change. The problem that will be discussed in this discussion is whether the consideration of the South Jakarta District Court Panel of Judges asks that a follow-up seized item cannot be discussed or must be destroyed? Subsystems of juridical meaning or legal system that are listed in a relatively intact system, carried away by their nature to meet the needs of the community make the system open. There are two structuring principles that build systems in the legal system, namely the principle of external or formal structuring and the principle of internal or material structuring. After completing this thesis, the researcher can conclude that the confiscated goods still have the value of benefits to compensate or save to save in accordance with applicable KUHAP rules.

KESAKSIAN PENYIDIK DALAM PEMBUKTIAN PERKARA PIDANA (STUDI KASUS : PUTUSAN NO. 1273/PID.B/2013/PN.JKT.SEL) Ariadi Hanta Wijaya; Firman Wijaya
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In the context of criminal law, proof is the core of criminal proceedings because what is sought in criminal law is material truth. Basically, this aspect of proof has actually begun at the stage of criminal investigation. The act of investigation and investigation will be carried out immediately in the event of a criminal offense, the existence of a criminal offense can be known by the officer, with reports, complaints, caught red-handed, or known directly by the officer. So, before an act of investigation is carried out, an investigation is carried out by an investigating official, with the intention and purpose of finding and finding an event that is investigated a criminal event or not, if the investigation results as a criminal event, an investigation can be carried out. or certain civil servants who are authorized to carry out investigations, before the investigator conducts investigations such as making arrests, calling, searching, detaining, confiscating, the investigator must notify the public prosecutor so that the prosecutor can follow his investigation from the beginning, and if deemed necessary to give instructions in order to perfect the investigation. In the murder case with the defendant Andro and Benges, the witnesses presented by the Public Prosecutors in the trial were almost all investigators who examined this case. If only an investigator is present in proving someone guilty or not in a criminal case, of course the investigator will justify what he has done so that his statement becomes not objective.

PENERAPAN ASAS LEX POSTERIORI DEROGAT LEGI PRIORI TERHADAP ANAK KORBAN PENCABULAN (STUDI KASUS PENGADILAN NEGERI JAKARTA UTARA NOMOR 195/Pid.Sus/2015/PN.Jkt.Utr) Wendi .; Firman Wijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Abuses against Children are included in Extraordinary Crimes and often occue mainly to minors. This is due to the lack of government in acting on the case. In this case, it occurred in a 3 years old boy who is abused by his own teacher. Precisely happened on April 29, 2014 at Saint Monica Sunter during the dance extracurricular activity. The victim’s mother found out about it when the victim complained of pain in the part of his penis after the victim was abused. At that moment the victim’s mother reported the incident of abuse to the authorities. It was then estabilished that the defendant was guilty of fulfilling the elements of an offense against the victim. So the defendant must be held in the prison until the court process is decided. In the indictment given by the public Prosecutor charged with using Article 82 of Law Number 23 year 2002 on Child Protection. However, the Prosecutors should be using the updated Law which is Article 82 of Law Number 35 year 2014 on the protection of new Children in the Prosecution. This proves that the Prosecutor is less careful in preparing the indictment given so as to cause legal irregularities that should in decideng the case reflects the legal objectives of Justice, certainty and expediency. Where as in legislation known as the principle of lex posteriori derogat legi priori that should be in the case of obscenity this principle is enforced. Because in the new Child protection Law more confirms the perpetrator of abuse if it is proven to commit abuse then the punishment is heavier that the old Law, and more to give special protection guarantee to the victim of abuse so that its rights will not be violated.

KAJIAN YURIDIS FUNGSI PENCEGAHAN KOMISI PEMBERANTASAN KORUPSI DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA SECARA ELEKTRONIK DI PROVINSI DKI JAKARTA Mahardika .; Firman Wijaya
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In Indonesia, corruption is rampant in the procurement of goods and services. The institution authorized to deal with corruption is the Corruption Eradication Commission (KPK). One of the tasks of the Corruption Eradication Commission is to carry out surveillance and preventive actions so that there are not many corruption cases that can harm the country but the prevention function has not been maximally implemented. Therefore, the author proposes the issue of how is the juridical study of Corruption Eradication Commission’s preventive function in eradicating corruption of the electronic procurement of goods and services in DKI Jakarta province? The author analizes the problem using normative research methods, with the technique of research legislation approaches. Corruption in the procurement of goods and services is very widespread because there are still gaps or weaknesses used to commit corruption. Existing weaknesses include regulation, principles in procurement of goods and services, supervision, and implementation of procurement of goods and services. Likewise, the implementation of KPK in terms of prevention is still lacking. The KPK should be an institution tasked with eradicating corruption. In addition to supervision, the KPK should prioritize implementing prevention so that corruption does not occur. The thing that can be done by KPK includes tightening supervision in the procurement of goods and services.

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