Syaifullah Yophie Ardiyanto
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ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory
PERTANGGUNG JAWABAN PIDANA TERHADAP FREELANCE PERUSAHAAN PADA TINDAK PIDANA PERBANKAN DALAM MENGHIMPUN DANA MASYARAKAT TANPA IZINOTORITAS JASA KEUANGAN ATAU BANK INDONESIA DENGAN PROMISSORY NOTE Afrido Hidayah; Mukhlis R; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

We can find arrangements regarding the accountability of the Board of Directors inLaw Number 40 of 2007 concerning Limited Liability Companies. Pursuant to Article 97paragraph (2) of the Limited Liability Company Law, the directors are required to managethe company in good faith and with full responsibility. Meanwhile, freelancers, who in factare only freelance daily workers and do not have a fixed monthly salary, are demandedalmost the same as the directors. So the purpose of the thesis research is first, to find outwhether a company can raise funds through a Promissory Note. Second, knowing whether afreelance can be held criminally responsible in a company, if the company commits a crime.This type of researcher can be classified into the type of normative legal research.This study uses secondary data consisting of primary legal materials, secondary legalmaterials, tertiary legal materials and data collection techniques are carried out using thelibrary method.From the results of the research problem there are two main things that can beconcluded. First, that in collecting public funds, the company can do this with a promissorynote (promissory note), based on Article 174 of the Criminal Code, it must meet therequirements. Second, that freelance companies cannot be held accountable for companiesthat commit criminal acts. If asked for accountability, it is only administrative. Because afreelance company is not included in the core organs of the company and is not included assomeone who can control the company in accordance with the Limited Liability CompanyLaw and the Criminal Code. The author's suggestion is First, the collection of public fundscarried out by non-bank companies is given more attention to the State of Indonesia.Enforcement and supervision must be carried out even tighter so that the Banking Act LawNumber 7 of 1992 concerning Banking and Law Number 21 of 2011 concerning theFinancial Services Authority is more effectively implemented so that people are no longerafraid to invest in shares to advance the economy. Second, if company freelancers are heldcriminally liable, then all freelance companies must also be held accountable in accordancewith the law regulated in article 2 of the Criminal Code.Keywords: Freelance, Financial Services Authority, Bank Indonesia.
ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA Leoni Capri Widyatama; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The life of ex-convicts is often viewed negatively. With this negative view, thephenomenon of injustice and discriminatory treatment by society arises for ex-convicts whohave a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rightsand the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary toclarify the legal status of ex-convicts after being released from Correctional Institutions withthe aim of getting their rights back.The type of legal research is normative juridical with research on legal systematics,namely referring to certain laws and regulations or written law.With the data source in theform of secondary data consisting of primary, secondary and tertiary legal materials. Then,data collection techniques were carried out using legal material collection by means oflibrary research and then analyzing the data by conducting a qualitative descriptive analysis.The result of this reasearch is the juridical analysis of the legal status of ex -convicts,after serving a sentence according to the concept of criminal law is to return to being arespectable society as before and obtain full legal rights, but after the author analyzes whathappens is that the legal status of ex-convicts is not in accordance with justice and applicablelaw in Indonesia, due to various rules, discriminatory treatment and negativ e views fromsociety give injustice to ex-convicts which can be seen from the cases of ex-convicts who werediscriminated against in their own community and from the existing regulations limiting therights of ex-convicts especially when it come to getting a job. Effort that can be is that thegovernment must always prioritize human rights, such as by making legal products that areconsistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,especially Article 28 and the Human Rights Law.Keywords: Legal Status, Ex-convict, Criminal Theory
REFORMULASI SANKSI PIDANA TERHADAP PENYALAHGUNA NARKOTIKA YANG BERASAL DARI KALANGAN ATAS Ela Valentina Damanik; Erdianto Erdianto; Syaifullah Yophie Ardiyanto
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Narcotics abuse is a complex problem and has a broad perspective, both in the fields ofmedical, psychosocial, mental and psychiatric services. At present, narcotics abusers can belikened to an iceberg that includes all levels of society, especially the upper class. Therefore, asan effort to deal with narcotics abusers who are increasing day by day and the need to create anew paradigm to renew the public's view of narcotics abusers, especially the upper class society,where the upper class society in its implementation is more privileged. Therefore, it is necessaryto reformulate criminal sanctions as stipulated in Law Number 35 of 2009 concerning Narcoticsto create laws that are more effective and fair in responding to modernization goals. The purposeof this study is to understand the regulation and application of criminal sanctions againstnarcotics abusers in Indonesia and to develop the idea of reformulation of appropriate sanctionsagainst narcotics abusers from the upper class society.The research conducted is normative legal research or known as doctrinal legal research,which uses data sourced from library research and literature quotations related to the issuesstudied. Therefore, the secondary legal sources used consist of secondary, primary and tertiarylegal materials as well as data from interviews in the form of primary data.In this research, the type of data analysis used is qualitative data analysis which isproduced in the form of descriptive data. From the elaboration of the discussion and researchconducted, several conclusions can be obtained, namely: First, narcotics addicts and narcoticsabusers as stipulated in Article 54 of Law Number 35 of 2009 concerning Narcotics states thatnarcotics addicts and narcotics abusers are required to undergo medical rehabilitation andsocial rehabilitation. However, in fact the implementation of rehabilitation is not evenlydistributed to all levels of society. Second, an increase in imprisonment and fines, as well as anincrease in treatment and/or treatment services in the form of medical rehabilitation and socialrehabilitation as an idea formulated by taking into account awareness, legal ideals, outlook onlife and philosophy originating from Pancasila and the Opening of the Constitution of theRepublic of Indonesia in 1945.Keywords: Reformulation – Criminal Sanctions – Rehabilitation