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All Journal JURNAL MAGISTER HUKUM UDAYANA Brawijaya Law Journal : Journal of Legal Studies Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jambura Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Setiawan Noerdajasakti
Faculty Of Law Universitas Brawijaya
Religion Arts Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Criminal Action Without Proven in Money Laundering in Indonesia Fadel Ilato; Abdul Majid; Setiawan Noerdajasakti
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (365.493 KB) | DOI: 10.33756/jlr.v3i0.7162

Abstract

Money laundering is a follow-up crime, an underlying crime from a predicate crime, so that the existence of money laundering cannot be separated from the original crime. How can money laundering occur without proving the original crime? Therefore, the aim of this study is to analyze the legal implications of predicate offenses without substantiation in money laundering in Indonesia. This research is juridical-normative research, which uses a statutory approach and a case approach. The results of this study indicate that there are legal implications for predicate offenses without proof in money laundering in Indonesia. Starting from breaking through the presumption of innocence and inconsistencies in legal norms in the TPPU Law. So, it is necessary to change the construction of norms contained in article 69 related to proving predicate crimes in TPPU.
Kedudukan Surat Keputusan Bersama sebagai Pedoman Implementasi Pasal Penghinaan dan Pencemaran Nama Baik dalam UU ITE Defi Sri Sunardi Ramadhani; Setiawan Noerdajasakti; Faizin Sulistio
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 2 (2022): Juli 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.84 KB) | DOI: 10.17977/um019v7i2p375-383

Abstract

This study aimed to analyze the guidelines for implementing Article 27 paragraph (3) of Electronic Transaction and Information Law and the joint decree's legal standing as guidelines for implementing the law on information and electronic transactions. This study utilized a normative juridical method with a historical approach, a conceptual approach, and a statutory approach. The implementation of Article 27 paragraph (3) of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 was based on the Decision of the Constitutional Court Number 50/PUU-VI/2008 that referred to Article 310, Article 311, and Article 315 of the Indonesian Criminal Act. Although it was not explicitly stated in Article 7 paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Legislation, the joint decree as guidelines for implementing the law on information and electronic transactions had the same position and binding legal force as the laws and regulations.
CAPITAL PUNISHMENT IN THE PERPECTIVE OF NON DEROGABLE RIGHTS Setiawan Noerdajasakti
Brawijaya Law Journal : Journal of Legal Studies Vol. 3 No. 1 (2016): Law and Human Rights Issues
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.00301.01

Abstract

Capital punishment is still exist as one of kind punishments in Indonesia. The existence of capital punishment is based on the Penal Code and other laws. On the other hand, however, according to Constitution 1945, MPR Decree Number XVII/MPR/1988 on Human Rights and Law Number 39 / 1999 on Human Rights, the right to live cannot be limited under any circumstances (non derogable). Capital punishment and the right to live as the right that cannot be limited under any circumstances (non derogable) are contradictive. This contradiction results a conflict of norm between legislations that legalize the existence of capital punishment and legislations that legalize the existence of the right to live. Solutions should be resulted to solve the conflict of norms.
COMPARISON OF THE JUDICIAL FORGIVENESS (RECHTERLIJK PARDON) BETWEEN CIVIL LAW SYSTEM AND ISLAMIC LAW SYSTEM (FINDING THE FORMULATION OF THE PRINCIPLE OF RECHTERLIJK PARDON IN INDONESIAN CRIMINAL LAW) Budimansyah; Prija Djatmika; Rachmad Safa’at; Setiawan Noerdajasakti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 4 (2023): July
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i4.946

Abstract

This study falls under the category of normative legal research or doctrinal legal research. Primary legal resources, secondary legal materials, and tertiary legal materials are all used library research techniques for gathering legal materials (library research). In contrast, the descriptive analysis approach is used for data processing. According to the conclusions of this study, various civil law system nations, like the Netherlands, Greece, and Portugal, use the principle of judicial forgiveness (rechterlijk pardon). However, long before these nations implemented the principle of forgiveness (rechterlijk pardon) in their criminal law, Islamic criminal law used principle of forgiveness first in jarimah qadzaf (accusing adultery), jarimah qishas-diyat, and jarimah Ta'zir. Compared to the principle of forgiveness (rechterlijk pardon) in the civil law system, the principle of forgiveness (rechterlijk pardon) in Islamic criminal law offers benefits. The formulation of the principle of judicial forgiveness (rechterlijk pardon) in Indonesian criminal law in the future is to prescribe the principle of judicial forgiveness in Islamic criminal law since it is seen to have advantages. Furthermore, incorporating the notion of judicial forgiveness (rechterlijk pardon) from Islamic criminal law into Indonesian criminal law is sociologically consistent with the legal knowledge of the Indonesian people, the majority of whom are Muslims.
Relation Between Plea of Guilty and Defendants Right in RUU KUHAP (An Overview Through “Jalur Khusus” System) Intan Khoirun Nisa'; Abdul Madjid; Setiawan Noerdajasakti
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 4 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i04.p06

Abstract

The stacks of cases in judicial institutions hinder achieving the principles of fast, simple, low-cost justice. Through the Drafting Team for the Criminal Procedure Code Draft, the intention is to try to adopt a system that commonly applies in the common law legal system, namely plea bargaining “jalur khusus”” which is shown in Article 199 of the RUU KUHAP. This research intends to examine the concept of plea of guilty used in special channels and to look for the relationship between giving a plea of guilty and the rights of the defendant. This research uses normative juridical research methods or library legal research using conceptual and analytical approaches. The technique for collecting legal materials used is the library research model. From this research it can be concluded that the plea of guilty given by the defendant to the indictment by the public prosecutor must be voluntary, in this case, the judge will assess the truth of the Plea of Guilty. It brings consequences that the trial process will faster for the defendant. However, ““jalur khusus”” do not specifically regulate what defendant right will release if he confesses to the charges, moreover there is a gap that need to be resolve. This has the potential for uncertainty for the defendant. Apart from that, there is no regulation regarding the right to file legal action which will have an impact on the defendant's right to obtain legal certainty regarding efficient time to achieve a speedy trial.
Co-Authors Abdul Madjid Abdul Majid Budimansyah Defi Sri Sunardi Ramadhani Fadel Ilato Faizin Sulistio Intan Khoirun Nisa' Prija Djatmika Rachmad Safa’at