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KAJIAN YURIDIS TERHADAP PENERAPAN SANKSI PIDANA DALAM PERKARA KORUPSI Nomor 29/Pid.Sus-TPK/2021/PN.JKT.PST 刑事调查部门对腐败第29号/Pid.Sus-TPK/2021年/ JKT.PST案件的刑事处罚适用

Kajian Hukum Pub Date : 2022-05-20 DOI: 10.37159/kh.v7i1.6

Rendradi Suprihandoko

{"title":"KAJIAN YURIDIS TERHADAP PENERAPAN SANKSI PIDANA DALAM PERKARA KORUPSI Nomor 29/Pid.Sus-TPK/2021/PN.JKT.PST","authors":"Rendradi Suprihandoko","doi":"10.37159/kh.v7i1.6","DOIUrl":"https://doi.org/10.37159/kh.v7i1.6","url":null,"abstract":"By looking at the current conditions and practice of law enforcement of corruption in Indonesia, the formulation of the problem can be formulated as follows: 1] How are Criminal Sanctions Arranged according to Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption (UUPTPK). in Indonesia ? 2]. How is the application of criminal sanctions in Case Number 29/Pid.Sus TPK/2021/PN.JKT.PST? 3]. What are the solutions or solutions so that the implementation of the criminal sanctions system can be more effective? The research method used is normative juridical, namely by looking at the products of applicable legislation and juxtaposing it with law enforcement practices that already have permanent legal force. Thus, it will be easier for the author to answer the formulation of the problem in this paper. From the author's observation, there are not many corruption cases that can be charged with the death penalty. Even if there is such a case and it fulfills the formulation of the offense according to the public's view, the Prosecutor will not necessarily demand and the Judge impose a death penalty against the defendant. As an example of the corruption case of the Social Assistance Fund at the Ministry of Social Affairs in Jakarta with the defendant JPB, according to the author, it complies with Article 2 paragraph 1 and paragraph 2 of the UUPTPK. But the facts say otherwise, the defendants were only prosecuted, tried and sentenced to imprisonment and other additional penalties according to Article 12 letters b and 18 of the PTPK Law. The 3 {three} Articles should be applied as the legal basis. ","PeriodicalId":444465,"journal":{"name":"Kajian Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126929002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

EXTRADITION BY THE INDONESIAN NATIONAL POLICE OF PERPETRATORS OF CORRUPTION FROM INDONESIA, BASED ON THE LEGAL PROVISIONS OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL) 印度尼西亚国家警察根据国际刑事警察组织(刑警组织)的法律规定从印度尼西亚引渡贪污犯

Kajian Hukum Pub Date : 2022-05-20 DOI: 10.37159/kh.v7i1.3

Bajang Barokhatul Kholisoh, Suswoto

{"title":"EXTRADITION BY THE INDONESIAN NATIONAL POLICE OF PERPETRATORS OF CORRUPTION FROM INDONESIA, BASED ON THE LEGAL PROVISIONS OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (ICPO-INTERPOL)","authors":"Bajang Barokhatul Kholisoh, Suswoto","doi":"10.37159/kh.v7i1.3","DOIUrl":"https://doi.org/10.37159/kh.v7i1.3","url":null,"abstract":"Interpol is an organization formed to coordinate cooperation between police in countries around the world. Advances in technology, information, and communication have increased the intensity of transnational crime. The extradition treaty has an important role in preventing and overcoming perpetrators of international crimes, especially perpetrators of corruption who fled from Indonesia to other countries, whether they are still suspects, defendants, or convicts. The formulation of the problem in this study is how the role of the Police in the practice of carrying out the extradition of perpetrators of corruption, legal arrangements in the execution of extradition of perpetrators of corruption committed by the Police based on the Constitution of the ICPO-Interpol, and what factors hinder the Police in carrying out international cooperation in the field of extradition. The result of the discussion of the problems that arise in this research is an international cooperation agreement that has been ratified by the two countries, in which the Indonesian Police submitted a request for extradition as a requesting state to the requested state against the fleeing corruption perpetrator. The state government is requested to process the extradition request accompanied by authentic evidence of the complete identity of the perpetrator. The process of carrying out extradition was hampered due to several factors, one of which was the absence of an extradition agreement by the Government of Indonesia with the government of the requested country, where the perpetrators of corruption fled so that the implementation of extradition was hampered or perhaps even rejected by the requested country.\u0000 ","PeriodicalId":444465,"journal":{"name":"Kajian Hukum","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125443133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PEDOMAN PEMIDANAAN DALAM KONTEKS PEMBAHARUAN HUKUM PIDANA INDONESIA DIMASA MENDATANG 印度尼西亚刑法改革背景中的投票指南

Kajian Hukum Pub Date : 2022-05-20 DOI: 10.37159/kh.v7i1.7

Dwi Okta Ariyanti, Muhammad Ramadhan

引用次数: 0

Tindak Lanjut Penuntasan Kasus Korupsi Mendiang Presiden Soeharto dalam Rangka Mewujudkan Cita-Cita Reformasi 已故总统苏哈托腐败案件的后续调查实现了宗教改革目标

Kajian Hukum Pub Date : 2022-05-20 DOI: 10.37159/kh.v7i1.9

Sri Handayani Retna Wardhani, Nita Ariyani, Paryadi

引用次数: 1

Perlindungan Hukum Kepailitan Perusahaan Solvable di Indonesia

Kajian Hukum Pub Date : 2022-05-20 DOI: 10.37159/kh.v7i1.2

Devi Andani

{"title":"Perlindungan Hukum Kepailitan Perusahaan Solvable di Indonesia","authors":"Devi Andani","doi":"10.37159/kh.v7i1.2","DOIUrl":"https://doi.org/10.37159/kh.v7i1.2","url":null,"abstract":"Abstract\u0000This study aims to determine the legal protection for bankruptcy of solvable companies in Indonesia. The method used is qualitative by following the typology of normative legal research, data is collected by means of literature studies and documents written descriptively and analyzed qualitatively. The results of this study indicate that bankruptcy decisions can occur in solvable companies, if the party applying for a bankruptcy statement has fulfilled the requirements, namely, there are debtors, there are two or more creditors, there is debt, and at least one debt has fallen due and can be paid off. billed. Meanwhile, legal protection for solvable companies that are declared bankrupt is not regulated in Law Number 37 of 2004. According to this law, if the company has been declared bankrupt, then the company is no longer capable of carrying out legal actions and general confiscation is carried out on all company assets even though the company is concerned are included in solvable companies. In the future, the Indonesian Bankruptcy Law must be designed to protect solvable companies by providing arrangements regarding company reorganization as a way to save companies from bankruptcy, providing more detailed requirements so that certain parties can apply for bankruptcy statements, and providing legal protection for solvable companies against bankruptcy. bankruptcy threat.","PeriodicalId":444465,"journal":{"name":"Kajian Hukum","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128761354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

PENERAPAN HUKUM PIDANA DALAM KEJAHATAN SKIMMING 刑事犯罪中的刑法适用

Kajian Hukum Pub Date : 2022-05-20 DOI: 10.37159/kh.v7i1.5

Dyah Ayuworo Sukenti

引用次数: 0

PENGATURAN SANKSI PIDANA PENYALAHGUNAAN NARKOBA BAGI ANAK DI BAWAH UMUR 对未成年人实施药物滥用制裁

Kajian Hukum Pub Date : 2022-05-20 DOI: 10.37159/kh.v7i1.4

Hartanti, Jalu Pangestu, Endah Noor Jati, Anas Miftahul Huda, Viviana Lorossae, Petrus Tahta Anggriawan Putra Semana

{"title":"PENGATURAN SANKSI PIDANA PENYALAHGUNAAN NARKOBA BAGI ANAK DI BAWAH UMUR","authors":"Hartanti, Jalu Pangestu, Endah Noor Jati, Anas Miftahul Huda, Viviana Lorossae, Petrus Tahta Anggriawan Putra Semana","doi":"10.37159/kh.v7i1.4","DOIUrl":"https://doi.org/10.37159/kh.v7i1.4","url":null,"abstract":"Children are part a nation for the next generation. Children have the right to get protection from various types of threats that endanger them, including the practice of drug abuse. Drugs are substances or drugs, from plants and other, which are made periodically in the process of synthesis and non-synthesis, which in their use can cause effects such as decreased consciousness, loss of taste, and can cause users experience dependence. The purpose of this study is to determine the regulations governing the criminal sanctions for drug abuse for minors. This research uses qualitative method with a statutory approach. The data used is secondary data in the form of data on cases of children in 2019-2021 obtained through documents of the National Narcotics Agency of the Special Region Yogyakarta. Drug abuse involving minors involved the role of children as drug couriers or drug users, aged between 16-17 years. The first suspect was arrested for a criminal act as a methamphetamine courier, while the second and third suspects were arrested for using gorilla tobacco purchased through online trading. The legal basis for sanctions for narcotics abuse is regulated in Law No. 35 of 2009 and Law No. 11 of 2012.\u0000 ","PeriodicalId":444465,"journal":{"name":"Kajian Hukum","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134624001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0