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Analisis Kepastian Hukum Terhadap Korban Penipuan Doni Salmanan Ditinjau Dari Putusan Pengadilan Negeri Bale Bandung Nomor 576/Pid.Sus/2022/PN Blb Adilah Rahman; Adisty Maharani; Anzira Sania Desivha; Reza Dio Wijatmika; Herli Antoni
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 3 (2023): September : JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : POLITEKNIK PRATAMA PURWOKERTO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i3.1895

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Implementasi Pemberian Hak Restitusi Oleh Pelaku Kepada Korban Kekerasan Seksual Christina Febri Silalahi; Esa Nur Hakam; Goldman Mediyana; Nabiella Putri Nastiti; Herli Antoni
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 3 (2023): September : JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : POLITEKNIK PRATAMA PURWOKERTO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i3.1896

This study aims to reinforce the implementation of material and formal law in a crime of sexual violence, in terms of granting restitution from the perpetrator to the victim for his actions, providing legal protection and utilizing criminal law in the trap of a crime of sexual violence. Restitution as referred to in this study is the provision of material from the perpetrator to the victim for his crime because he committed sexual violence which caused the victim to experience physical and psychological suffering, to restore the condition and condition of the victim after the crime, the perpetrator must provide restitution to the victim, the amount of restitution determined by court ruling. In protecting victims of sexual violence to avoid all forms of threats and intimidation, Indonesia has institutions to carry out their obligations. Namely, through the Witness and Victim Protection Agency whose duties, functions and authorities have been granted in accordance with the law. This aims to protect victims who are very vulnerable to all forms of threats and intimidation. Legal protection was also given before the crime occurred, namely by Law no. 12 of 2022 concerning Crimes of Sexual Violence, Law no. 35 of 2014 concerning Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 23 of 2004 concerning the Elimination of Domestic Violence. Someone who commits a crime of sexual violence will receive legal consequences, in the form of imprisonment, fines, and restitution to the victim, the amount of which is determined by the court. However, if restitution is insufficient, the State is obliged to provide compensation to the victim for the lack of restitution given to the victim.

Hukum Pidana Mati Di Indonesia Berdasarkan Perspektif Hak Asasi Manusia Dan Alternatif Penegakan Hukum: Studi Kasus: Pidana Mati Ferdy Sambo Gisella Tiara Cahyani; Siti Bilkis Sholehah; Dara Nurul Salsabillah; Muhammad Alwan Ramadhana; Revand Arya Pratama; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.338

Law is a tool for regulating people's lives with a coercive nature and requires people to follow existing rules. The law is made for the benefit of the people and contains the norms of life as a guide in society. Death penalty is a punishment with the most severe sanction scale for perpetrators of extraordinary crimes such as narcotics, premeditated murder, terrorism, and crimes against state security. However, the application of death penalty in Indonesia is controversial because it violates Human Rights (HAM) and the right to life guaranteed by the 1945 Constitution Article 28A paragraph (1). Even though there is an update in the latest Criminal Code (KUHP) which regulates probation for 10 years, pros and cons still occur in the application of death penalty. Various views on capital punishment exist, in which some consider human rights and the principles of justice. However, the death penalty must be applied carefully and pay attention to human rights.

Problematika Dakwaan Tindak Pidana Pembunuhan Berencana Dengan Pembunuhan Biasa Hanif Hawari Mohamad; Muhamad Sadam Alamsyah; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.544

This research aims to examine the problems that occur in the crime of murder and premeditated murder in the charges that will be filed against the perpetrators of these crimes. At the beginning, the background will be about how a criminal law in Indonesia develops and in carrying out its function as a legal rule that contains provisions, prohibitions, and criminal threats for those who commit a criminal case. This research will emphasize the problems that occur with the obstacles experienced by law enforcement in identifying a legal event that occurs in the case of murder with premeditated murder in finding an element of fulfillment, especially against the elements of the offense of premeditated murder. Then after that, the research will continue on legal reconstruction and legal discovery at the court hearing which aims to facilitate the disclosure of a legal event that occurs in order to find the material truth so that the judge can determine the sentence for the perpetrator.

Perlindungan Hukum Terhadap Korban Kekerasan Seksual Terhadap Anak Dibawah Umur UU No. 35 Tahun 2014 Di Kota Bogor Daffa Ramadhan; Achmad Asy’ari Abdullah Toran; Anisha Nabila; Jihan Khoirunnisa; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.556

Children are God's creations that must be protected each because of their limitations. Protected one of which is the legal protection of children to accept a kind of violence. Accepting child violence has a negative impact on the child's future. Writing this to determine the need for protection in the Child Victims of Violence Act and legal protection for child victims of violence in accordance with legal regulations. Therefore, the State provides legal protection, all children are bound by law number 31 of 2014 concerning amendments to law No. 13 of 2006 concerning child and victim protection number 35 of 2014 to prevent violence against children.

Kemanfaatan Hukum Dalam Penerapan Diversi Dan Keadilan Restoratif Dalam Perkara Pidana Anak Achmad Maulana Fakhri; Roravianita Roravianita; Jenifer Otnie; Reza Fahrezi; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.559

This research aims to analyze the application of diversion and restorative justice in criminal cases committed by minors. The application of diversion is examined in more depth about the obligation of every law enforcer to carry out a series of diversion processes in the police, prosecutor's office and up to the court. The implementation of diversion is something that must be done without exception in accordance with the provisions of Law No. 11/2012 concerning the Juvenile Criminal Justice System. The application of restorative justice seeks a benchmark for the extent to which it can be implemented by taking into account the authority possessed by the public prosecutor when the diversion process is not achieved and when the criminal case has entered the criminal justice process. The application of the termination of prosecution must be based on the applicable provisions and conditions contained in the Attorney General's Decree No. 15 of 2020. After conducting research on diversion and restorative justice, the only legal benefit of juvenile criminal cases is through the provision of punishment for a child who is a perpetrator of a criminal offense in accordance with the provisions of the laws and regulations concerning the juvenile criminal justice system.

Hukum Pidana Mati Di Indonesia Berdasarkan Perspektif Hak Asasi Manusia Dan Alternatif Penegakan Hukum: Studi Kasus: Pidana Mati Ferdy Sambo Gisella Tiara Cahyani; Siti Bilkis Sholehah; Dara Nurul Salsabillah; Muhammad Alwan Ramadhana; Revand Arya Pratama; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 1 (2023): Maret : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i1.338

Law is a tool for regulating people's lives with a coercive nature and requires people to follow existing rules. The law is made for the benefit of the people and contains the norms of life as a guide in society. Death penalty is a punishment with the most severe sanction scale for perpetrators of extraordinary crimes such as narcotics, premeditated murder, terrorism, and crimes against state security. However, the application of death penalty in Indonesia is controversial because it violates Human Rights (HAM) and the right to life guaranteed by the 1945 Constitution Article 28A paragraph (1). Even though there is an update in the latest Criminal Code (KUHP) which regulates probation for 10 years, pros and cons still occur in the application of death penalty. Various views on capital punishment exist, in which some consider human rights and the principles of justice. However, the death penalty must be applied carefully and pay attention to human rights.

Problematika Dakwaan Tindak Pidana Pembunuhan Berencana Dengan Pembunuhan Biasa Hanif Hawari Mohamad; Muhamad Sadam Alamsyah; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.544

This research aims to examine the problems that occur in the crime of murder and premeditated murder in the charges that will be filed against the perpetrators of these crimes. At the beginning, the background will be about how a criminal law in Indonesia develops and in carrying out its function as a legal rule that contains provisions, prohibitions, and criminal threats for those who commit a criminal case. This research will emphasize the problems that occur with the obstacles experienced by law enforcement in identifying a legal event that occurs in the case of murder with premeditated murder in finding an element of fulfillment, especially against the elements of the offense of premeditated murder. Then after that, the research will continue on legal reconstruction and legal discovery at the court hearing which aims to facilitate the disclosure of a legal event that occurs in order to find the material truth so that the judge can determine the sentence for the perpetrator.

Perlindungan Hukum Terhadap Korban Kekerasan Seksual Terhadap Anak Dibawah Umur UU No. 35 Tahun 2014 Di Kota Bogor Daffa Ramadhan; Achmad Asy’ari Abdullah Toran; Anisha Nabila; Jihan Khoirunnisa; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.556

Children are God's creations that must be protected each because of their limitations. Protected one of which is the legal protection of children to accept a kind of violence. Accepting child violence has a negative impact on the child's future. Writing this to determine the need for protection in the Child Victims of Violence Act and legal protection for child victims of violence in accordance with legal regulations. Therefore, the State provides legal protection, all children are bound by law number 31 of 2014 concerning amendments to law No. 13 of 2006 concerning child and victim protection number 35 of 2014 to prevent violence against children.

Kemanfaatan Hukum Dalam Penerapan Diversi Dan Keadilan Restoratif Dalam Perkara Pidana Anak Achmad Maulana Fakhri; Roravianita Roravianita; Jenifer Otnie; Reza Fahrezi; Herli Antoni
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.559

This research aims to analyze the application of diversion and restorative justice in criminal cases committed by minors. The application of diversion is examined in more depth about the obligation of every law enforcer to carry out a series of diversion processes in the police, prosecutor's office and up to the court. The implementation of diversion is something that must be done without exception in accordance with the provisions of Law No. 11/2012 concerning the Juvenile Criminal Justice System. The application of restorative justice seeks a benchmark for the extent to which it can be implemented by taking into account the authority possessed by the public prosecutor when the diversion process is not achieved and when the criminal case has entered the criminal justice process. The application of the termination of prosecution must be based on the applicable provisions and conditions contained in the Attorney General's Decree No. 15 of 2020. After conducting research on diversion and restorative justice, the only legal benefit of juvenile criminal cases is through the provision of punishment for a child who is a perpetrator of a criminal offense in accordance with the provisions of the laws and regulations concerning the juvenile criminal justice system.

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