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Criminal Sanctions Against Criminal Acts Of Fund Corruption Social Help Kristiyadi Kristiyadi; Vincentius Patria Setyawan
ULIL ALBAB : Jurnal Ilmiah Multidisiplin Vol. 1 No. 11 (2022): Oktober 2022
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jim.v1i11.1019

This study aims to analyze the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this study uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing the information and explanations collected from both the law and the literature. The results of the study reveal that in legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of social assistance funds corruption cases, but perpetrators of social assistance corruption violations can be sentenced to death on the grounds that the suspect of social assistance funds corruption made the mistake of taking funds for social assistance for personal or group interests so as to fulfill the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.This study aims to analyze the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this study uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing the information and explanations collected from both the law and the literature. The results of the study reveal that in legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of social assistance funds corruption cases, but perpetrators of social assistance corruption violations can be sentenced to death on the grounds that the suspect of social assistance funds corruption made the mistake of taking funds for social assistance for personal or group interests so as to fulfill the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.

EVIDENCE OF VISUM ET REPERTUM AS A BASIS FOR PROSECUTION OF SERIOUS VIOLENCE CASES Kristiyadi Kristiyadi; Suyatno Suyatno
Humantech : Jurnal Ilmiah Multidisiplin Indonesia Vol. 1 No. 12 (2022): Humantech : Jurnal Ilmiah Multidisiplin Indonesia
Publisher : Program Studi Akuntansi IKOPIN

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

Tujuan penelitian ini adalah untuk menganalisis bentuk persamaan Visum et Repertum menjadi suatu alat bukti yang sah dalam tindak pidana penganiayaan berat serta untuk mengkaji kekuatan pembuktian visum sebagai alat bukti dalam menentukan tuntutan terhadap kasus penganiayaan berat. Visum et Repertum merupakan salah satu alat bukti yang penting dalam kasus penganiayaan berat karena dapat membantu hakim dalam pertimbangan mengambil keputusan. Penelitian ini menggunakan metode hukum normatif yang mana mempergunakan pendekatan perundang-undangan, konseptual, dan penalaran logika deduktif induktif. Sumber bahan hukum penelitian ini bersumber dari bahan hukum primer yang berisikan KUHP, KUHAP, UU tentang Pokok Kekuasaan Hakim, UU tentang Kejaksaan RI, UU tentang Kepolisian Negara RI. Bahan hukum sekunder yang terdiri dari: literasi cetak maupun elektronik yang relevan dengan kajian ini. Teknik pengumpulan data menggunakan: teknik kepustakaan dan teknik mencatat, data yang terkumpul kemudian dianalisis secara sistematis melalui argumentasi yang dibentuk dari logika hukum. Penelitian ini menemukan bahwasannya Visum et Repertum tidak dijelaskan langsung dalam KUHAP, tetapi alat bukti dari pemeriksaan yang berkaitan dengan tubuh atau nyawa ini dianggap sah dan dapat menjadi pertimbangan bagi hakim dalam memutuskan suatu perkara dengan adanya alat bukti yang sah

Criminal Sanctions Against Criminal Acts Of Fund Corruption Social Help Kristiyadi Kristiyadi; Vincentius Patria Setyawan
ULIL ALBAB : Jurnal Ilmiah Multidisiplin Vol. 1 No. 11 (2022): Oktober 2022
Publisher : CV. Ulil Albab Corp

This study aims to analyze the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this study uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing the information and explanations collected from both the law and the literature. The results of the study reveal that in legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of social assistance funds corruption cases, but perpetrators of social assistance corruption violations can be sentenced to death on the grounds that the suspect of social assistance funds corruption made the mistake of taking funds for social assistance for personal or group interests so as to fulfill the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.This study aims to analyze the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this study uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing the information and explanations collected from both the law and the literature. The results of the study reveal that in legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of social assistance funds corruption cases, but perpetrators of social assistance corruption violations can be sentenced to death on the grounds that the suspect of social assistance funds corruption made the mistake of taking funds for social assistance for personal or group interests so as to fulfill the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.

KAJIAN TERHADAP PUTUSAN HAKIM PADA TINDAK PIDANA PENCABULAN OLEH ANAK DITINJAU DARI SPPA Tiara Maharani Maharani; Kristiyadi Kristiyadi
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.71768

This Article was created with the aim of finding out whether the judge’s decision handed down against the child perpetrator of continued obscenity is in accordance with the provisions of the Juvenile Criminal Justice System Act. This research is a normative legal research that is prescriptive and applied. Using primary and secondary legal materials. With Case Approach. The types and sources of legal materials used are primary and secondary legal materials. The technique of collecting legal materials is a library study. The legal material analysis technique uses the deductive syllogistic method or syllogistic deduction. The results of the study show that the judge in passing judgment on the child perpetrators of obscenity continues in accordance with the law on the juvenile criminal justice system.Keywords: Perpetrator’s child, judge’s decision, fornication; child criminal justice system

PERTIMBANGAN HAKIM MILTER DALAM MEMUTUS PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN TENTARA NASIONAL INDONESIA Novitaningrum Eka Putri; Kristiyadi Kristiyadi
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.72152

This research aims to know determine the legal authority of the Military Court in hearing cases of Narcotics Abuse by the TNI and to know the legal considerations of the Military Court in the process of Imposing a Criminal Decision on Narcotics Abuse for members of the TNI. This research is a normative legal research that is prescriptive and applied with case studies. The technique of collecting primary and secondary legal materials used is the study of documents or library materials. The results of this study are narcotics crimes in the scope of general and military courts based on Law No. 22 of 1997concerning narcotics (crimes are general crimes, in relation to perpetrators who are members of the military, settlements are based on regulations that apply among members of the military). The judge's consideration factor in sentencing the perpetrators of narcotics crimes among members of the military is more directed to good services and achievements while carrying out military duties. The burden of punishment for members of the military who commit criminal acts(violating military discipline) is the existence of additional punishments, which are military in nature.Keywords: Narcotics, TNI, Military Court, Judge's Consideration

KEDUDUKAN AHLI BAHASA DALAM PEMBUKTIAN PERKARA PENCEMARAN NAMA BAIK (STUDI PUTUSAN NOMOR: 47/PID.SUS/2019/PN. MGT) Ridho Ferdiansyah Putra; Kristiyadi Kristiyadi
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.71624

This study aims to determine how the role of linguists and criminal lawexperts in proving defamation cases through twitter. In addition, it is also to know the judge's consideration in deciding the case of defamation through twitter. The method used in this research is normative or doctrinal research. Legal materials includeprimary legal materials and secondary legal materials, the legal materials are arranged systematically, studied, then compared and a conclusion is drawn in relation to the problem under study. The collection of legal materials in this research uses courtdecision study techniques. The legal material analysis technique used is a qualitative analysis technique that uses a deductive thinking pattern. The use of the deduction method stems from the submission of major premises (general statements), then minor premises (special statements) are submitted, from the two premises a conclusion is drawn. Based on the results of research and discussion, it is concluded that experts have a position as evidence based on Article 184 paragraph (1) letter b of the Criminal Procedure Code (KUHAP). The results showed that the consideration of the panel of Judges in deciding to impose punishment on the Defendant was in accordance with Article 45 paragraph (3) Jo. Article 27 paragraph (3) of Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions.Keywords: Expert role; defamation;judge's consideration

SANKSI PIDANA ANAK TERHADAP PENYALAHGUNAAN NAPZA DIKAJI DARI LEGAL JUSTICE Alvien Okta Rajasa; Kristiyadi Kristiyadi
Verstek Vol 10, No 4: 2022
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72654

Narcotics are drugs used for the medical world for patients who have certain diseases. Of course, with the rules of use according to the instructions of the doctor concerned. However, the problem of drug abuse has become a national and international problem. Narcotics abuse can cause physical, mental, psychological, emotional and attitudinal damage in society. Children who are involved in drugs must get protection both psychologically and legally to avoid psychological disorders that may occur in children and preventive measures of stigmatization of children in conflict with the law and it is hoped that children can return to the social environment in society. The purpose of the research is an objective objective, namely to determine the suitability of the judge's assessment of the evidence in decision number 001/pid.sus-anak/2021/pn skt with the provisions of the Criminal Procedure Code and Law Number 35 of 2009 concerning Narcotics. Meanwhile, the subjective goal is to add, broaden the author's horizons and abilities in studying problems in the field of Criminal Procedure Law. The benefits of research consist of theoretical benefits and practical benefits. The theoretical benefits of the research results can be used to explore the theories that have been obtained by the author in writing legal writing. And the practical benefit is that it can provide benefits and additional knowledge for various parties in need, especially in community groups and in general and parties related to the subject matter. Keywords: Sanctions, Child Crime, Narcotics, Legal Justice

PEMENUHAN HAK RESTITUSI TERHADAP ANAK KORBAN TINDAK PIDANA EKSPLOITASI EKONOMI DAN SEKSUAL Wahyu Rida Setyani; Kristiyadi Kristiyadi
Verstek Vol 9, No 4: 2021
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72429

This article analyzes the fulfillment of the right of restitution for child victims who are victims of criminal acts of economic and sexual exploitation. The purpose of this article is to find out the fulfillment of the right of restitution for victims of the crime of economic and sexual exploitation of children based on the study of decision number: 331/Pid.Sus/2021/PN Yyk. This article is a normative legal research with a prescriptive nature and uses primary and secondary legal materials. The technique for collecting legal materials is to use a literature study with a case approach. The analysis technique used is the syllogistic method using a deductive mindset. The results of the research show that the victim's child gets the fulfillment of the right of restitution in the amount of IDR 81,650,000.-. The Yogykarta District Court judge's decision has an element of legal certainty, because the charges that have been put forward before the trial are proven legally and convincingly for the judge in making his decision. The judge's decision also reflects a sense of justice, it is said that because of the impact it has on the victim, namely the victim has to pay for medical treatment and the psychological impact has been balanced by a criminal decision that has stipulated the granting of restitution to the victim's child.Keyword: Exploitation; Restitution; Victim

ANALISIS PERTIMBANGAN HAKIM TIDAK TERPENUHINYA UNSUR MEMPERKAYA DIRI DALAM PUTUSAN NOMOR 18PID.SUS-TPK2022PN SMG Ajeng Trisna Prameswari; Kristiyadi Kristiyadi
Verstek Vol 10, No 4: 2022
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72715

This research is to determine the suitability of the judge's considerations with Law no. 31 of 1999 Jo Law no. 20 of 2001 concerning the Eradication of Corruption Crimes for not fulfilling the element of self-enrichment in Decision Number 18/Pid.Sus-TPK/2022/PN SMG. This research uses normative legal research methods that are applied. This study uses a case approach or case approach. The types of legal material used include primary and secondary legal source materials, while the technique of collecting legal materials in analyzing decisions uses literature study techniques and research methods use syllogistic methods. The results of the research and discussion show that the judge's considerations are not in accordance with the provisions of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crime because the judge gives the consideration that the element of enriching oneself is not fulfilled due to the small nominal, the Judge decides with a lighter decision than a lawsuit. Meanwhile, the Defendant was proven to have increased his wealth with the proceeds of corruption so that this did not comply with the provisions of the Law on the Eradication of Criminal Acts of Corruption.Keyword: Enrich Yourself; Judge's Consideration; Corruption Crime

PELAKSANAAN PENETAPAN STATUS PENGGUNAAN TERHADAP BARANG RAMPASAN NEGARA DI KEJAKSAAN NEGERI SURAKARTA Isna Nuraini; Kristiyadi Kristiyadi
Verstek Vol 9, No 4: 2021
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72293

This article aims to find out how the Implementation of Determination of Use Status at the surakarta District Attorney's Office in Decision Number 191/Pid.B/2000/PN.Ska is based on applicable laws and regulations. The method used in this research is normative legal research which is prescriptive and applied. Sources of legal research consist of primary legal materials and secondary legal materials. Based on this research, it was found that the implementation of the Determination of Use Status at the Surakarta District Attorney was carried out with the stages of application by the Surakarta District Attorney, research by the Minister of Finance, and a decision to determine the status of use by the Minister of Finance and the High Court. This is in accordance with Law Number 1 of 2004 concerning the State Treasury, Government Regulation Number 28 of 2020 concerning Management of State/Regional Property, PMK No. 145/PMK.06/2021 concerning Management of State Property Derived from State Confiscated Goods and Goods of Gratification and Prosecutor's Regulation No. 7 of 2020 concerning Guidelines for Asset Recovery.Keywords: Determination of Use Status, Evidence, Attorney

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