Garuda - Garba Rujukan Digital

PUTUSAN ULTRA PETITA DALAM TINDAK PIDANA NARKOTIKA BERDASARKAN UNDANG-UNDANG NARKOTIKA Hafizhah Azzahra; Setiyono
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The case that occurred on February 1st, 2019 involved a sale and purchase transaction of methamphetamine by Boiy Sairy alias Busairi Bin Tomin. The decision from the Panel of Judges of Situbondo District Court is different from the article charged by the public prosecutor in a single indictment. The defendant was charged with Article 112 of the Narcotics Law, while the judges gives a decision under Article 127 of the Narcotics Law. This research is normative and descriptive analytical legal research, using secondary data obtain through litearure studies and interviews. The data is analyzed qualitatively and conclusions are drawn using deductive understanding. The conclusion of the research is that the Judges use Article 127 while in the indictment and the facts of the trial and the jurisprudence of the Supreme Court Decision No. 675 K/Pid/1987, the Defendant BS was proven to have abused Narcotics so that the Judge imposed a criminal sentence and this decision has permanent legal force so that it is valid in the eyes of the law.

ANALISIS YURIDIS ALAT BUKTI SURAT KETERANGAN DOKTER (STUDI PUTUSAN NOMOR 187/PID.SUS/2020/PN MLG) Alwan Rasyid Naufal; Setiyono
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Documentary evidence is one of the bases of proving a criminal case which is used before trial to help determine whether or not the defendant is guilty, and the judge who examines a criminal case must pay attention and examine the evidence provided before the trial. Article 54 of Law number 35 of 2009 concerning Narcotics stated that the victims of Narcotics Abuse and Addicts are required to undergo medical and social rehabilitation. But in practice, there are many narcotics abusers and addicts who are not given rehabilitation sentences but given punishment in the form of imprisonment. Therefore, the research’s problem are regarding the strength of doctor's certificate of evidence in narcotics crime case and the inaccuracy of legal considerations given by Panel of Judges regarding the doctor's certificate as evidence given before the trial. The research is a normative and descriptive analytical legal research, using secondary data obtain through library research, analyzed qualitatively and conclusions drawn using deductive understanding. The research conclusions are that the strength of documents as the evidence is independent and narcotics abusers should be given a punishment in the form of rehabilitation but in accordance with the existing and related regulations.

TINDAK PIDANA MENDISTRIBUSIKAN GAMBAR PORNOGRAFI SECARA BERULANG KALI DALAM BENTUK INFORMASI ELEKTRONIK Nafisha Maudyna; Setiyono
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Pornography on the internet is used frequently to commit crimes against decency. The internet's convenience in this instance encourages someone to disseminate it frequently. The phrasing of the issue under discussion is the type of punishment meted out to those responsible for disseminating these pornographic photos via internet means. The research approach is normative; the research is descriptive in nature; secondary data are employed; secondary data are analyzed qualitatively; and deductive reasoning is used to derive conclusions. The findings of the investigation, the analysis, and the conclusion of the perpetrator's acts are in accordance with Article 45 Paragraph 1 in conjunction with Article 27 Paragraph 1 of the ITE Law along with Section 1 of Article 64 of the Criminal Code. The defendant acted in accordance with the terms of Article 45 paragraph 1 in connection with Article 27 paragraph 1 of the Information and Electronic Transaction Law in conjunction with Article 64 paragraph 1 of the Criminal Code when they regularly transmitted pornographic photos. The Criminal Code's (Article 64, Paragraph 1) regulations for continuous acts (Voorgezzete Handeling) must be taken into consideration while determining the appropriate punishment.

TINDAK PIDANA KORUPSI MENERIMA UANG YANG DILAKUKAN OLEH PEGAWAI NEGERI SIPIL Dian Natasha; Setiyono
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

A civil officer and the landowner both took use of the regional innovation program offered by the Ministry of Research, Technology, and Higher Education in 2016 to engage in criminal corruption. How appropriately civil servants' receipt of money is governed by the provisions of Article 5 (2) of Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning the Eradication of Corruption Crimes (PTPK) and the Assembly's legal considerations is the formulation of the problem. The judge with regard to the criminal penalties meted out to corruption offenders. This article is normative legal, descriptive, secondary data kinds, data collecting for literature studies, qualitative data analysis, and using deductive reasoning. The findings of the study, the discussion, and the conclusion, indicate that the defendant should be charged with the felony of corrupt act, as defined in Article 12 letter an of the PTPK Law, because the defendant's actions are suspected, namely that he accepted promises and gifts without declining the offer even though he knew the gift was intended to persuade him to act in a manner that involved his position as the head of the housing agency.

PENAHANAN DAN EKSEKUSI PEMIDANAAN ANAK YANG TIDAK DITEMPATKAN DI LPAS DAN LPKA Mega Mustika Noviyanti; Setiyono
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15428

Children are the generation that will shape the course of the country. For them to develop into mentally and physically fit youngsters as well as future seeds, children need guidance and preparation from an early age. Juvenile delinquency always rises year, thus measures to stop it must be supported and regulated by law. It is said that a youngster committed stealing in case number 6/Pid.Sus-Anak/2022/PNSrg. The formulation of the problem in this thesis is how to carry out the detention of children during the investigation and trial, as well as how to carry out the punishment of children in the case. Normative legal research is the method of inquiry used in this thesis. The research's analytical descriptive nature calls for a qualitative approach to data processing. The findings of the research and discussion demonstrate that the detention of the suspect while he was still a minor during the investigation phase of the case up until his sentencing did not follow the guidelines outlined in Article 1 Point 21 of the SPPA Law because the suspect was held at the Serang Police Detention Center throughout the investigation phase and trial phase of the case. The manner in which the punishment was carried out following the judgement did not adhere to the rules outlined in Article 1 Number 20 of the SPPA Law because the implementation of the sentence against the convict is carried out at the Serang Police Detention Center.

- Analisis Yuridis Terhadap Saksi Korban Dibawah Umur Yang Disumpah Dalam Kasus Tindak Pidana Pencabulan (Studi Kasus Putusan Nomor 1162/Pid.B/2021/PN.Bdg) Nada Samyra; Setiyono
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.v5i2.16011

According to the requirements of the Criminal Procedure Code (KUHAP), a kid under the age of 15 is not allowed to provide testimony as a witness who has been sworn in, making it impossible for the judge to review, consider, and decide on a criminal case using this testimony as legitimate evidence. The judge's considerations that classify a minor as a victim-witness who offers testimony under oath are against the Criminal Procedure Code, and thus phrasing of the issue is whether the statement from a minor can be characterized as valid evidence. Research methodology: a style of standardizing legal inquiry employing optional information as necessary and supplementary evidence. This information is provided subjectively and comes to light at the conclusion. The outcomes of the research show that there are violations of law that result in minors being declared incapable of being legal evidence. Discussion: because of that the legal considerations given by the panel of judges were inappropriate because judges did not need to swear underage children in giving testimony at trial. The conclusion of this study is that giving an oath to a minor and not the only witness involved in the case is an act that violates the Criminal Procedure Code.

- PENGGUNAAN PASAL 351 AYAT (1) KUHP TERHADAP PERBUATAN PENGANIAYAAN MENGAKIBATKAN LUKA BERAT DI KEPAHIANG, BENGKULU: - Candra Aries Priyendi; Setiyono
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16482

At the Kepahiang District Court with Decision Number 46/Pid.B/2022/PN Kph, the trial for the criminal act of persecution resulted in serious injury. In the trial process, there was an inaccuracy in the application of the article. So the formulation of the problem in this research is whether the act of persecution which resulted in serious injury committed by the defendant is in accordance with Article 351 (1) of the Criminal Code (KUHP) against and whether the criminal sanction given by the panel of judges in Decision No. 46/Pid.B/2022/PN Kph is in accordance with the purpose of sentencing. The research is a normative legal manner, descriptive, use secondary data. Then then the data processing used is qualitative and drawing conclusions using deductive logic. The results of this research, discussion and conclusion are of course that in essence the act of persecution was an act of error, in which this act violated the norms of law and norms of society, so that the use of Article 351 (1) of the KUHP for acts of persecution which resulted in serious injuries committed by Agustian was not in accordance . Law enforcement officials must also be more careful in terms of imposing penalties.

PENDAMPINGAN PENASIHAT HUKUM TERHADAP TERDAKWA HUKUMAN PIDANA PENJARA DI ATAS 5 TAHUN : Legal Counsel Assistance For Defendants With Prison Sentences Exceeding 5 Years Anggi Erika Christina; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19519

Defendants who are sentenced to imprisonment for more than 5 years have the right to be accompanied by legal counsel. The formulation of the problem raised concerns the reason in examining the accused at the trial of a crime which carries a penalty of more than 5 (five) years in prison without beng accompanied by a legal adviser and the legal consequences of the decision handed down to the accused Tito Ariyanto who was examined and sentenced without beng accompanied by a legal adviser . This research method uses reAArch types based on normative research referring to secondary data. The nature of the research is descriptive and drawing conclusions using deductive methods. The results of the research and discussion, namely the actions of the defendant as a delivery agent for crystal methamphetamine/ecstasy were sentenced to imprisonment for 9 (nine) years without beng accompanied by legal counsel, so the conclusion of this investigation, the legal consequences caused by the defendant not beng accompanied by legal counsel, were not clearly explained by the law, but if you see several decisions of the Supreme Court then it becomes procedural law, that it is explained that if the defendant is not accompanied by legal counsel, then all legal products produced are null and void and contain legal defects

ANALISIS PUBLIKASI PUTUSAN HUKUM YANG MEMUAT IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM: Analysis of the Publication of Judges’ Decisions Containing the Identity of Children in Conflict with the Law Putu Angel Putri Danasari; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19558

Abstract In accordance with the applicable guidelines, children who have problems with the law cannot publish their identities in court decisions that are disseminated on paper or electronic media. However, there is a judge’s decision that publishes the child’s identity. This article raises the issue of whether the publication of judge’s decisions containing the identity of a child violates Law Number. 11 of 2012 and the Decree of the Chief Justice of the Supreme Court Number: 1-144/KMA/SK/I/2011 and what are the legal consequences for the publication of a judge’s decision containing the identity of a child in conflict with the law. The research was conducted normatively based on secondary data and primary data. Data analysis was carried out descriptively and conclusions were drawn using deductive methods. Based on the analysis, it can be concluded that the judge’s decision to publish the identity of a child in conflict with the law has violated Article 3 letter I in conjuction with Article 19 Paragraph (1) of law Number 11 of 2012 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number: 1-144/KMA/SK/I/2011. Children who suffer losses as result of their identity being published can file a civil lawsuit to obtain compensation.

PUTUSAN BEBAS YANG TIDAK MEMPERTIMBANGKAN ALAT BUKTI DALAM PERSIDANGAN PERKARA TINDAK PIDANA: Acquittal Decision Not Considering Evidence in Trial of Fraud Crime Cases Aura Azahra; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19597

Acquittal Deicision is a deicision that proveis that the guilt charged to defeindant has not been provein legally and convincingly guilty. Thei probleim in this study is thei consideration of evideince in the acquittal dictum and eivideintiary poweir eiach evideince in a crimei fileid by the public prosecutor. Based on the probleim it was found that there was a discrepancy in the consideiration of evideincei in the acquittal dictum where in fact the evideince submitteid and examineid in thei trial had met the two minimum principleis of eivideincei and fulfilleid thei two eleimeints of the articlei one hundreid eiighty fivei seiction six of thei Criminal Procedure Code and thei streingth of the evideince submitted and examined is containeid in Article one hundreid eighty four section one of the Criminal Procedure Code. The reseiarch method used is normative juridical by conducting qualitative data analysis.

Title

Found 22 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 22 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 22 Documents
Search