Confiscation of Personal Assets of Corruption Defendants in a Positive Legal Perspective

One-of-a-kind efforts to make the losses state’s financial incurred by the State due to corrupt activities, is through the confiscation of the Defendant’s assets. Later it may subsequently be utilized for a form of monetary payment in lieu of State losses charged to the Defendant. On the grounds of payment of money in lieu of State losses, confiscation of the Defendant’s personal assets that had nothing to do with corruption was then carried out. The research’s main eligibility is to find out how significance proof is involved due to tribunal mechanism, as in the safetymeasureness of the defendant given right and assets as being regulated for evidences in the tipikor case. The researcher’s study applied juridical normative method employing statutory and conceptual pathways. Secondly, layered information was gathered from observation and papers, in order to ensure the quality. According to the researcher’s findings, the purpose of headlining deposition in tribunal is to support the proof of the litigant’s motion, incapable of assuring the sentence’s delivery. There is a guarantee and protection of property rights in the Indonesian constitutional written law 1945 (28H) par. (4). It demonstrates the litigant’s possession of their property being safeguarded by the state, which had unassociated an elicit act of graft as property sheltered from confiscation in the court process. Unlike the personal property of the litigant, if is employed in an unlawful conduct as graft itself, the belongings shall be seized within the tribunal proceedings. Keywords: protection, asset, evidence, confiscatio

CRIMINAL LIABILITY AGAINST CHILDREN AS OFFENDERS OF NARCOTICS ABUSE BASED ON THE DECISION OF THE TEBING TINGGI DISTRICT COURT NO. 21/PID.SUS-ANAK/2018/PN.TBT

The development of narcotics abuse is increasingly increasing. The government has issued regulations governing the handling of children as perpetrators of criminal acts of narcotics abuse, namely Law No. 35 of 2009 concerning Narcotics and Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. This study will examine and analyze the Tebing Tinggi District Court Decision No. 21/Pid.Sus-Anak/2018/PN.TBT., Which has been decided by the judge for action against the child perpetrator of the crime of narcotics abuse, even though in the case diversion can be carried out, but not done. The problems in this study, namely: the criminal responsibility of child offenders of criminal offenses of narcotics abuse based on the Narcotics Law and the Child Criminal Justice System Law; analysis of decisions used as examples of cases in this study. This research is a descriptive normative legal research analysis. The data used are secondary data and empirical data. Furthermore, analyzed using qualitative analysis methods. The results showed that: First, the criminal act of narcotics crime based on the Narcotics Law and the Juvenile Criminal Justice System Law in both laws have narcotics crime; Second, Tebing Tinggi District Court Decision No. 21/Pid.Sus-Anak/2018/PN.TBT., Diversion was not attempted, which the Law Enforcement Officials, investigators, public prosecutors, and judges can seek diversion based on Article 7 of the Juvenile Criminal Justice System Law to avoid children from the judicial process, but not carried out

Analisis Hukum Pidana Terhadap Pencurian Ikan Di Zona Ekonomi Eksklusif Indonesia Wilayah Pengelolaan Perikanan Republik Indonesia (Studi Putusan No: 03/pid.sus.p/2012/pn.mdn

Indonesia as an archipelago has an abundant of fish resources. Geographically, Indonesia is located strategically, for which this condition becomes a challenge, and it is our responsibility to maintain, guard, and conserve these resources. This strategic condition will automatically attract foreign ships to do illegal fishing, particularly in ZEEI (Indonesian Exclusive Economy Zone) in the Area of Fishery Management of the Republic of Indonesia. The result of the research showed that the consequence of the illegal fishing in the area of fishery management of the Republic of Indonesia by foreign fishermen is very big; it amounts to 30 quintillion rupihs each year. It is recommended that, in order to cope with the criminal act of illegal fishing in the Area of Fishery Management of the Republic of Indonesia, particularly in the Indonesia Exclusive Economi Zone, the government should be serious in enlarging the budget for the supervision and furnish equipment and infrastructure which are related to supervision

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

Analisis Yuridis Penerbitan Surat Perintah Penghentian Penuntutan oleh Kejaksaan Dikaitkan dengan Asas Oportunitas dan Undang-undang No 16 Tahun 2004 Tentang Kejaksaan RI

Prosecutors acting prosecuting a person suspected of committing crimes is based on Article 8 paragraph (2) of Law No. 16 of 2004 on the Attorney RI. In prosecuting attorney acting for and on behalf of the State. To prosecute a person suspected of committing a crime, the prosecutor is allowed to waive the case in the public interest pursuant to Article 35 letter c. Law No. 16 of 2004 on the Attorney RI. On the other hand the prosecuting attorney must uphold the principle of equality before the law. Authority to waive the case prosecutor apparently misused by the Attorney on specific cases. For example: Case BLBI and Bibit-Chandra case. Setting principles and opportunity in the Code of Criminal Procedure Law. 16 Year 2004 on Indonesian Attorney can not give an explanation although expressly recognized the principle of opportunity. Criminal Procedure Code recognizes the principle of opportunity, however, the Criminal Code does not provide an explanation about this. While in Law. 16 of 2004 on the Attorney RI, the principle of opportunity provided for in Article 35 letter c as the authority of the Attorney General in the case of a waiver in the public interest. Regarding the public interest itself also still can cause a variety of different interpretations due to the Criminal Procedure Code and the Law. 16 Year 2004 on Indonesian Attorney formulate the common definition is too broad and should be returned or refer to the ideals of the law or of the nation as expressed in the preamble of the 1945 Constitution of the Republic of Indonesia. The results showed that: Should termination prosecution done really pay attention to grounds for termination of prosecution; Better regulation principles set opportunity in more detail and specific especially in providing the sense of "the public interest", and should provide limits understanding of the categories included in "the interests of general "

ANALISIS HUKUM TENTANG KEPENTINGAN UMUM MENURUT PASAL 310 AYAT (3) KUHP DI INDONESIA SEBAGAI ALASAN PENGHAPUSAN PIDANA DALAM KEGIATAN PERS

The public interest is the foundation of any norms and rules of law in force in the Republic of Indonesia. It’s because the public interest is most important than others, such as the interests of the state, the interest of a group, and the interests of the individual, after that the public interest is the reason for removing the offense if it can be proved that the punishable act was done in the public interests, in accordance with Article 310 Paragraph (3) of the Criminal Code. As we all know the activities of the Press often cause problems where the press is considered a crime to make " the public interest" an excuse for his actions, regardless of whether the source of the news is true or not. In press activities, other legislation that serves as the founding members of the press to make an article is the Law of the Republic of Indonesia Number. 40 of 1999 on the Press, which regulates the press freedom (sometimes called freedom of the press). Those two things make the press feel that the offense should be resolved by way of press releases, and no longer use the Code as a legal basis. In other words, the Press Act serves as Lex specialis of the Code of Penal Code (Code) in the case of defamation, detraction, and mockery, as well as to resolve disputes with other press