ANALISIS YURIDIS TERHADAP PENEGAKAN HUKUM TINDAK PIDANA KORUPSI TERHADAP PENENTUAN KERUGIAN KEUANGAN NEGARA (STUDI PUTUSAN NO.1596 K/PID.SUS/2013)

Returning losses from the proceeds of corruption will make the perpetrator unable to enjoy the results of his actions. This can be done by seizing certain items obtained or produced in a criminal act as a criminal in carrying out the principle of the life of the nation and state. Basically, state losses occur if the achievements received by the state are less than the money paid by the state. The research method in this thesis is a normative legal research method, namely by conducting library research namely research conducted by examining library materials, especially laws and legal literature relating to problems. The source of data used in this thesis is in the form of prier legal material and or secondary legal material that has to do with qualitative problems, namely what is obtained from research in the field is studied in a comprehensive and comprehensive manner. "State finances or economy" has been explained as discussed in Article 2 of Law Number 31 of 1999 jo Act Number 20 of 2001. Whereas the word "can" actually gives flexibility to the Prosecutor / Public Prosecutor does not have to prove an element of loss " financial / economic state "because corruption is a formal offense, namely the existence of criminal acts of corruption enough to fulfill the elements of corruption, enough to fulfill the elements of actions that have been formulated not by the emergence of consequences. The formulation of the provisions of Article 3 of Act Number 31 of 1999 in conjunction with Law 20 of 2001 is almost identical to the provisions of Article 1 paragraph (1) sub b of Act Number 3 of 1971. only difference is the provisions of Article 3 of Law Number 31 In 1999 jo Law No. 20 of 2001 included elements of "corporation" in it

Asas Ultimum Remedium Dalam Penerapan Sanksi Pidana Terhadap Tindak Pidana Perpajakan Oleh Wajib Pajak

Legal settlement of tax crime specified in section 44B of Act Number 28 of 2007 on the third amendment to the Law No. 6 of 1983 on General Provisions and Tax Procedures (UUKUP) is the grant of authority by law to the Minister of Finance by reason of the interest of the state revenue, requesting the Attorney General to stop the tax crime investigation process. KUP Law Article 44B shows that the actual application of the criminal law violations are not to be Primum remedium, but more oriented to remedium ultimum. This is stated explicitly, although the infringement lawsuit by the taxpayer has been declared complete, but the Minister of Finance can still ask the Attorney General to stop the investigation due consideration to the interests of state revenue, if it has not been declared complete means the Minister of Finance can be directly ruled Directorate General of Tax to stop it

Analisis Putusan Hakim Peradilan Pidana terhadap Pencabutan Perkara Delik Aduan ( Studi Putusan Mahkamah Agung No. 1600 K/pid/2009)

Arrangement complaint about a crime has been arranged expressly in the Book of the Law of Criminal Law Article 72-75 of the Criminal Code. Complaints that have been filed may be withdrawn if still within the grace period of 3 ( three ) months after the complaint is filed ( Article 75 of the Criminal Code). The practice of the law in the Supreme Court decision No. 1600 K/PID/2009. Supreme Court Justice existing legal provisions in the Criminal Code with the advanced legal purpose of restoring the balance that occurs due to a crime and restorative justice teachings that conflict is not simply a crime as a violation of state and public interest but a conflict also represent disrupted and broken relationship between two or more individual in public relations . The panel of judges who handle cases in the decision No.1600 K/PID/2009 has given consideration First Objective of criminal law that is to restore the balance that occurs between the perpetrator and the victim because of the criminal act ; Second : It has been done for peace between the perpetrator and the victim ; Third : To maintain individual relationships within social relationships , especially parties to the conflict are bound family relationship is between the law and the law; Fourth : that the teaching of restorative justice that the judge must be able to facilitate conflict resolution satisfactory to unite the parties to the dispute

PENANGANAN PERKARA PIDANA YANG DILAKUKAN OLEH ANAK DI PENGADILAN NEGERI GUNUNGSITOLI BERDASARKAN PUTUSAN NO. 05/PID.SUS-ANAK/2016/PN.GST

ABSTRAKPenanganan perkara pidana Anak Berkonflik Hukum, baik pada tingkat penyidikan, penuntutan, maupun persidangan ditangani dengan metode yang berbeda-beda. Selain Undang-Undang Sistem Peradilan Pidana Anak, pada tahap persidangan terdapat Peraturan Mahkamah Agung RI No. 04 Tahun 2014 tentang Pedoman Pelaksanaan Diversi Dalam Sistem Peradilan Pidana Anak yang mewajibkan kepada hakim untuk mengupayakan diversi terhadap Anak Berkonflik Hukum. Terdapat kasus yang menarik untuk dikaji dan dianalisisyaitu Putusan Pengadilan Negeri Gunungsitoli No. 05/Pid.Sus-Anak/2016/PN.Gst., dimana anak Berkonflik Hukum dalam kasus tersebut telah memenuhi syarat-syarat untuk diupayakan diversi, ternyata diversi tidak dilakukan. Sehingga permasalahan timbul, antara lain: pengaturan penanganan perkara pidana Anak Berkonflik Hukum berdasarkan peraturan perundang-undangan dan analisis hukum terhadap putusan tersebut.Kata Kunci: Penanganan perkara pidana; Anak Berkonflik Hukum; Putusan Pengadilan

Penyidikan Kasus Tindak Pidana Pencurian dengan Pemberatan di Wilayah Hukum Polsek Medan Baru

Investigation is investigating a series of actions in terms and in the manner set forth in this law to search for and collect evidence with evidence that makes light of the crime that occurred and to find the suspect. One of the criminal offense of criminal disturbing the public lately is theft, one of which is theft by weighting. Criminal acts of theft with aggravating elements or in doctrine also often called or qualified theft, ie theft in the form of principal or ordinary theft coupled with aggravating elements. The purpose of this study to determine investigation of criminal cases of theft by weighting were conducted by police in Medan Baru police. The research problems are that how the implementation of the investigation of criminal offenses of theft by weighting in the jurisdiction of New Medan police? What are the factors inhibiting the investigation of the crime of theft by weighting in the jurisdiction of New Medan police? To answer these problems do research with normative juridical and sociological juridical. Source of research data is of primary legal materials, secondary law, and tertiary legal materials. The collection of data through primary data through field studies (field research) by interviewing informants namely Medan police chief and a New Investigator, and secondary data through library research (library research). Based on these results the investigation of cases of theft by weighting in the jurisdiction of the Police of Medan recently directed in accordance with the modus operandi committed by the suspect or offender is breaking the windshield, crack car tires, housebreaking / store, damaging the lock rail and use the keys T, using a false key, deprivation bag, bank ATM burglary. Factors that become an obstacle in the process of investigating the case of theft by weighting that barriers of law, resistance from law enforcement, and obstacles of legal culture. Police investigators are advised to continue a relationship of coordination with the public prosecutor, is not passive or wait and expected to be more proactive in order to resolve the criminal case of theft by weighting takes place quickly

Tindakan Penarikan Unit Kendaraan Yang Dilakukan Debt Collector Terhadap Debitur Ditinjau Dari Aspek Hukum Pidana

In practice the implementation of the debt collector always conduct the act of forcibly and accompanied by violence and inclined to crimes in make withdrawals craft . The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of 2009 about Funding Institution , the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No.130/ PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation no 130 / PMK. 010 / 2012 . Factors for the occurrence of violence carried out by debt collector consists of institutions too pursue the target of , lack of awareness of debtors , lack of knowledge of the laws the third party or debt collector and debtors , then influenced by a characteristic debt collector. On a settlement case the act of violence carried out by debt collector by virtue of position cases decisions of the supreme court number .242 / pid.b / 2013 / pn.jmb where debt collector proven to commit crimes dispossession by violence in when make withdrawals vehicles with a profitable purpose self or another person and to eliminate receivable debtors with against the right