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All Journal YUSTISI Yustisi: Jurnal Hukum dan Hukum Islam Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Deposisi: Jurnal Publikasi Ilmu Hukum
Herli Antoni
Universitas Pakuan Bogor
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)

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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

Abstract

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

Abstract

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.
Co-Authors Achmad Asy’ari Abdullah Toran Achmad Maulana Fakhri Adie Natanegara Hawadi, Moh Miftah ilmi polapa, Muhamad Rafli Adilah Rahman Adinda Putri Maharani Adisty Maharani Anisha Nabila Anzira Sania Desivha Asqia Azahra Kalina Christina Febri Silalahi Daffa Ramadhan Dara Nurul Salsabillah Devinka Aria Pramesti Esa Nur Hakam Fahri Fadilah Gisella Tiara Cahyani Goldman Mediyana Hanif Hawari Mohamad Ikhsan Sugiri Jenifer Otnie Jihan Khoirunnisa Laila Yuniar Irsan Marthin Susanto Mass Achmad Rifqy Muhamad Sadam Alamsyah Muhammad Alwan Ramadhana Nabiella Putri Nastiti Nuradilla Maharani Rosyaputri Prince Hadipati, Anthonius Arlen Sihotang, Muhamad Satrio Wibisono Ray Rafi Kahramandika Musrizal, Rizky Satria Dimlana, Ahmad Dzaki Revand Arya Pratama Reza Dio Wijatmika Reza Fahrezi Roravianita Roravianita Siti Bilkis Sholehah Syahrul Bahar Tegar Yudha Permana