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Amsari Damanik
Program Studi Sarjana Hukum, Universitas Mulawarman, Samarinda, Indonesia
Law, Crime, Criminology & Criminal Justice

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PENEGAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA SKIMMING (STUDI DI POLRES KUTAI KARTANEGARA) Desi Redita Sari; Rini Apriyani; Amsari Damanik
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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The crime of skimming is the theft of debit or credit card information by illegally copying the information on the card's magnetic stripe. In general, ATM skimming crimes are regulated in Article 362 of the Criminal Code (KUHP) and in Article 30 paragraph (1) jo Article 46 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information. This study aims to analyze law enforcement against skimming offenders in Kutai Kartanegara. The research method used is an empirical approach or socio legal research. The results showed that law enforcement against the perpetrators of skimming crimes at the Kutai Kartanegara Regional Police had not been implemented optimally. In this case, there are still many cases of skimming crimes in the last 4 years that are still in the process of investigation and investigation, so there are still few cases that reach the stage of case settlement. One of the inhibiting factors in law enforcement is the lack of understanding and caution of the public in using ATM cards in making transactions at ATM machines. Keywords: Law Enforcement, Crime, Skimming
DISPARITAS PUTUSAN HAKIM DALAM PERKARA PERBUATAN MELAWAN HUKUM TERHADAP PEMBATALAN PERJANJIAN SEWA-MENYEWA SECARA SEPIHAK Nur Hidayatullah; Nur Arifudin; Amsari Damanik
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

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Abstract

Unilateral cancellation of the agreement before the end of the agreement period is categorized as unlawful. In some cases of unilateral cancellation of lease agreements submitted to the District Court, there are differences in legal considerations by the Panel of Judges in interpreting elements of unlawful acts in unilaterally canceling agreements resulting in disparity in decisions. The research method used is doctrinal research based on a legal issue that is examined in several District Court decisions with a statutory approach and relevant legal theories. The results showed that the disparity in judges' decisions in Decision Number 760/Pdt.G/2017/PN.Dps, Decision Number 404/Pdt.G/2019/PN.Bdg, and Decision Number 196/Pdt.G/2020/PN. Jkt.Sel in its legal consideration, the Panel of Judges considered that not all unilateral cancellation of agreements can be categorized as unlawful acts based on certain things that prove that there is strong evidence and clear reasons for one party to cancel the lease agreement unilaterally. Efforts to minimize the disparity of the three decisions are the establishment of a more specific agreement clause that regulates provisions related to matters that cause the cancellation of the lease agreement, the Panel of Judges is more optimal in assessing the facts revealed in the trial, the use of jurisprudence and improving guidance and evaluation for judges by the Supreme Court.
Co-Authors Desi Redita Sari Nur Arifudin Nur Hidayatullah Rini Apriyani