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TINJAUAN YURIDIS SURAT PERINTAH PENGHENTIAN PENYIDIKAN BERUPA PENERBITAN KETERANGAN LUNAS BANK INDONESIA Rachma Aulia Putri Yusuf Darmawan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In Law of the Republic of Indonesia No. 19 of 2019 concerning the Second Amendment to Provisions No. 30 of 2002 Concerning the Corruption Eradication Commission, Article 40 of Law No. 19 of 2019 regulates certainty regarding the KPK. The most recent KPK law gives the KPK permission to stop investigations, in contrast to earlier requirements. Definition of the issue: The KPK has the authority to issue an investigation termination (SP3) on cases of criminal acts of corruption in the form of Publication of a Certificate of Settlement (SKL) to the Bank Indonesia and Issuance of a Certificate of Payment (SKL) Against Bank Indonesia Liquidity Assistance Obligors (BLBI). in accordance with Law No. 19 of 2019 on the Corruption Eradication Commission of the Republic of Indonesia (KPK), Liquidity Assistance Obligor (BLBI). Legal-normative research methodology is employed. Qualitative data analysis methodologies. Concluding things using the deductive approach. Research findings, analysis, and conclusions In order to establish legal clarity and reduce abuse of power, it is important that the Corruption Eradication Commission be granted the authority to create an Investigation Termination Letter (SP3). Additionally, the approval of SP3 for the Corruption Eradication Commission appears to be ineffectual, particularly because it restricts and obstructs the space available for the Commission in the Corruption Eradication application.

ANALISIS YURIDIS PUTUSAN ULTRA PETITA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA BERDASARKAN KUHAP Chelsy Tamara Siahaan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15857

A judge's ruling is a part of the criminal justice system. Because the indictment serves as the foundation for assessing criminal cases, the judge's decision must be based on it. In actuality, judgments are frequently made without regard to indictments. What is the legal foundation for and ramifications of the ultra petita decision? The research methodology employs normative law, is descriptive analytical, relies on secondary data, uses qualitative data analysis, and draws findings using a deductive approach. The findings of the study and debate demonstrate that the cassation decision was erroneous since the judge did not base his decision on the public prosecutor's indictment, whereas the defendant was charged with using Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) letter a of Law no. 35 of 2009 concerning Narcotics. However, in the decision at the cassation level, the panel of judges decided to use Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics in which the Public Prosecutor did not indict that article. Decisions that exceed charges or ultra petita are prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code. Conclusion; then the ultra petita decision is prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code.

TINJAUAN YURIDIS SURAT PERINTAH PENGHENTIAN PENYIDIKAN BERUPA PENERBITAN KETERANGAN LUNAS BANK INDONESIA Rachma Aulia Putri Yusuf Darmawan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14122

In Law of the Republic of Indonesia No. 19 of 2019 concerning the Second Amendment to Provisions No. 30 of 2002 Concerning the Corruption Eradication Commission, Article 40 of Law No. 19 of 2019 regulates certainty regarding the KPK. The most recent KPK law gives the KPK permission to stop investigations, in contrast to earlier requirements. Definition of the issue: The KPK has the authority to issue an investigation termination (SP3) on cases of criminal acts of corruption in the form of Publication of a Certificate of Settlement (SKL) to the Bank Indonesia and Issuance of a Certificate of Payment (SKL) Against Bank Indonesia Liquidity Assistance Obligors (BLBI). in accordance with Law No. 19 of 2019 on the Corruption Eradication Commission of the Republic of Indonesia (KPK), Liquidity Assistance Obligor (BLBI). Legal-normative research methodology is employed. Qualitative data analysis methodologies. Concluding things using the deductive approach. Research findings, analysis, and conclusions In order to establish legal clarity and reduce abuse of power, it is important that the Corruption Eradication Commission be granted the authority to create an Investigation Termination Letter (SP3). Additionally, the approval of SP3 for the Corruption Eradication Commission appears to be ineffectual, particularly because it restricts and obstructs the space available for the Commission in the Corruption Eradication application.

ANALISIS YURIDIS PUTUSAN ULTRA PETITA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA BERDASARKAN KUHAP Chelsy Tamara Siahaan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15857

A judge's ruling is a part of the criminal justice system. Because the indictment serves as the foundation for assessing criminal cases, the judge's decision must be based on it. In actuality, judgments are frequently made without regard to indictments. What is the legal foundation for and ramifications of the ultra petita decision? The research methodology employs normative law, is descriptive analytical, relies on secondary data, uses qualitative data analysis, and draws findings using a deductive approach. The findings of the study and debate demonstrate that the cassation decision was erroneous since the judge did not base his decision on the public prosecutor's indictment, whereas the defendant was charged with using Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) letter a of Law no. 35 of 2009 concerning Narcotics. However, in the decision at the cassation level, the panel of judges decided to use Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics in which the Public Prosecutor did not indict that article. Decisions that exceed charges or ultra petita are prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code. Conclusion; then the ultra petita decision is prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code.

- ANALISIS PUTUSAN NOMOR 85/PID/SUS/ 2022/PN.JAP TERHADAP PUTUSAN BEBAS TINDAK PIDANA NARKOTIKA : - Nanda Harwijaya Arsy; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18369

In Decision Number 85/Pid.Sus/2022/PN.Jap, defendant Samuel Julian Yoku was acquitted by the Panel of Judges at the Jayapura Court. Despite the seizure of 61.84 grams of narcotics from the defendant, the defendant's actions actually violated Article 11 paragraph (1) in conjunction with Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, as there were no users involved. This research is of a normative juridical type and descriptive in nature, utilizing secondary data and qualitative analysis to draw deductive conclusions. The research discussion results reveal that the considerations of the Panel of Judges in granting acquittal to the accused should have taken into account the consequences of the defendant's deliberate purchase of narcotics. The conclusion of this study is that the judge's considerations did not adequately uphold the principle of legality, as the defendant, based on the trial's disclosed facts, possessed cannabis-type narcotics and was supported by witness testimonies presented during the trial.

KELALAIAN PELAKSANAAN PUTUSAN ATAS TINDAK PIDANA KORUPSI (PUTUSAN MAHKAMAH AGUNG NOMOR. 321. K/PID.SUS/2019) Rizqi Maharani Ginting; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18455

Supreme Court Decision Number 321 K/PID.SUS/2019 discusses acts against the law related to criminal acts of corruption. The problem in this research is why the forced detention measures were not applied in the corruption trial process referred to in the Supreme Court Decision Number 321 K/PID.SUS/2019 and what are the legal consequences of the corruption criminal justice process which does not apply detention to the defendant in the case. The research method used is normative law. The results of the research and discussion concluded that the forced detention of the accused was not carried out due to wrong legal considerations. In addition, there are no legal consequences from the corruption trial process without detaining the accused, because the decision to detain is in the hands of law enforcement officials who consider that detention is not necessary for the accused. Conclusion in research

PUTUSAN TINDAK PIDANA NARKOTIKA YANG DIPUTUS DILUAR DARI DAKWAAN PENUNTUT UMUM : Drug Offences Decided Outside Of The Public Prosecutor'S Indictment Jihan Sukmawati Daratu; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19091

In rendering a verdict, a judge is restricted from imposing a punishment if the criminal act is not specified in the charges filed by the public prosecutor. However, in narcotics cases, judges often decide to use articles not listed in the indictment, citing SEMA No 3/2015 as justification. The problem in the case of narcotics, specifically Number 7692 K Pid.Sus/2022, is whether the judge's decision to penalize the defendant with an uncharged article aligns with legal regulations. Additionally, it questions if the legal consequences of the imposed criminal sanctions deviate from the public prosecutor's indictment in the narcotics offense. To address these issues, the research method employed is normative legal research, using secondary data from primary and secondary legal materials, with a descriptive-analytical approach and deductive conclusions. The research findings reveal that the judge deems the defendant not a drug abuser due to a relatively small quantity of narcotics found. However, the judge overlooks the fact that the defendant engaged in transactions with several individuals, suggesting that the public prosecutor's article should have been applicable. In conclusion, the verdict beyond the indictment should be legally null, releasing the defendant from all legal claims.

PENAFSIRAN HUKUM HAKIM YANG DIGUNAKAN DALAM MEMUTUS PERKARA KORUPSI BANSOS JULIARI BATUBARA : Judicial Interpretation Used in Deciding the Corruption Case of Social Assistance Funds (BANSOS) of Juliari Batubara Johannes Agustinus Riady; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19202

Indonesia is one of the countries that adheres to the Continental European Legal System (Civil Law System), where the legal system heavily relies on statutory regulations. However, if the written laws are not found or are insufficient, judges have the authority to interpret the law in deciding a case. In 2020, during the impact of the Covid-19 virus in Indonesia, the Minister of Social Affairs, Juliari Batubara, was implicated in corruption related to the procurement of social assistance funds (bansos) amounting to Rp. 32 billion. The research question to be discussed is what legal interpretation was employed by the judge in deciding the corruption case related to bansos committed by Juliari Batubara (verdict number 29/pid.sus-TPK/2021/PN.JKT.PST). The research method used is normative and analyzed descriptively qualitatively. The research findings indicate that the judge's legal interpretation in deciding this case is based on a comprehensive analysis of each article and written law, correlated with the evidence revealed during the trial. Consequently, in the verdict, the judge has a thorough conviction. The conclusion drawn from this research is that the judge, in deciding the bansos case involving Juliari Batubara, employs a systematic and logical legal interpretation.

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