JURNAL HUKUM PROYURIS

PENERAPAN DELIK KORUPSI PADA KEGIATAN USAHA BANK YANG MERUGIKAN KEUANGAN NEGARA (STUDI KASUS PUTUSAN PENGADILAN NEGERI BANDUNG NOMOR 82/Pid.Sus-TPK/2019/PN.Bdg DAN PUTUSAN PENGADILAN NEGERI OELAMASI NOMOR 21/Pid.Sus/2021/ PN Olm)

Bangkit Yohannes Pangihutan Simamora, Aksi Sinurat, Orpa J Nubatonis — Fri, 03 May 2024 07:18:32 +0000

Corruption crimes in Indonesia have become widespread in society and have entered the banking sector. Regional Development Banks, which have the largest capital sourced from the Regional Government, are often the targets of criminal acts of corruption. The two cases that are the object of research are cases of criminal acts of corruption at Bank Jabar Banten Syariah causing losses to the State Finances of approximately IDR 500,000,000,000 (five hundred billion rupiah). A case with almost the same position occurred at Bank NTT Oelamasi Branch with State losses due to failure to pay approximately Rp. 6,000,000,000,- (six billion rupiah) but what was applied was a banking offense, even though the criminal act involved several people outside of it. legal subject regulated by the Banking Law. The problem is how the corruption offense is applied to bank business activities which causes state financial losses, and what are the legal consequences of applying the corruption offense in the case of granting fictitious credit to Bank Jabar Banten Syariah (BJBS) and Bank NTT Oelamasi which is detrimental to state finances. The research method used is normative qualitative research, examining the implementation or implementation of relevant statutory regulations in the case of fictitious credit at Bank Jawa Barat Banter Syariah (BJBS) and fictitious credit at Bank NTT which is detrimental to state finances in order to determine the appropriate statutory regulations. to apply. The results of the investigation and analysis of the case of Bank BJB Syariah, defendant I and defendant II who served in the Credit and Financing Division of Bank BJB Syariah and defendant AW, the corruption offense was based on an unlawful act by violating the provisions of banking law, to provide credit to defendant AW. In the case of Bank NTT, Oelamasi Branch, defendant JS violated the law and without credit analysis for his personal interests and for the benefit of witness ATE in the 2019 Governor candidacy, but what was charged against defendant JS was a banking offense. Even though the actions committed by the defendant were within the banking sphere, the subject of law, the defendant's actions were against the law, there were parties who benefited and caused harm to state finances, had fulfilled the formulation of the elements of the article for criminal acts of corruption that harmed state finances, and should be charged with the offense of corruption. The Corruption Law can be applied to the BJB Syariah and Bank NTT Oelamasi cases as Lex Specialis because even though the modus operandi falls into the area of other laws and regulations, namely the Banking Law, the defendant's Mens Rea and the elements that are more often fulfilled are the article on criminal acts of corruption. The consequences of carrying out corruption offenses can reach parties who are also responsible for the state losses incurred, as well as forced efforts to recover existing state losses.

Keywords: Corruption; Banking; State Finance.

HAMBATAN DALAM PELAKSANAAN PEMBERIAN RESTITUSI SEBAGAI BENTUK PERLINDUNGAN HUKUM BAGI KORBAN TINDAK PIDANA PERDAGANGAN ORANG

Henny Christini Dillak, Karolus Kopong Medan, Rudepel Petrus Leo — Fri, 03 May 2024 00:00:00 +0000

The implementation of fulfilling the provision of restitution to victims of criminal acts of human trafficking shows that there is no synchronization between expectations and reality due to the failure to provide effective restitution to victims of criminal acts of human trafficking. The problem formulation of this research is: (1) What are the arrangements for providing restitution to victims of criminal acts of human trafficking? (2) What are the obstacles in the implementation of providing restitution to victims of criminal acts of human trafficking? This research is a normative-empirical legal research using the Legislative Approach, Conceptual Approach, and sociological juridical approach using literature study techniques and interviews with investigators at the East Nusa Tenggara Regional Police, public prosecutors at the Kupang District Prosecutor's Office, and judges at the Court Kupang State.

The research results show: (1) The regulation of providing restitution to victims of criminal acts of human trafficking still has weaknesses in the legal substance sector, including the mechanism for providing restitution which is complicated and lengthy, forced efforts to provide restitution which have not been optimally implemented, and legal sanctions against perpetrators who do not pay. restitution which still greatly relieves the perpetrator. (2) Obstacles in the implementation of providing restitution are caused by victims who are unable to explain the amount of losses suffered and are unable to provide complete documents requiring a restitution application, investigators who have obstacles in the process of collecting documents required for a restitution application, public prosecutors who do not carry out confiscations. the perpetrator's assets because they think that confiscation is the police's job, and judges are still rejecting requests for restitution for various reasons.

KAJIAN YURIDIS TENTANG PENGHENTIAN PENYIDIKAN DALAM PEMBUNUHAN KARENA PEMBELAAN TERPAKSA YANG MELAMPAUI BATAS

Yamal Yakson Laitera, Aksi Sinurat, Karolus Kopong Medan — Mon, 06 May 2024 00:00:00 +0000

KAJIAN YURIDIS TENTANG PENGHENTIAN PENYIDIKAN DALAM PEMBUNUHAN KARENA PEMBELAAN TERPAKSA YANG MELAMPAUI BATAS

ABSTRACT: The termination of investigations used by the police in handling a criminal case is contained in Article 109 paragraph 2 of the Criminal Procedure Code. Forced defense that exceeds the limits is regulated in Article 49 paragraph (2) of the Criminal Code. The case of forced defense that exceeded the limits that occurred in Central Lombok, NTB caused two people to die. The police concluded that the incident was an act of forced defense so that no element of illegal action was found both formally and materially. The police reasoned that it was based on the principles of proportionality and legality, accountability, and necessity. This research aims to explain and analyze whether legally the police agency can issue an Order to Stop Investigation of murder due to forced defense that exceeds the limits and what the existence of the police agency is in the process of handling criminal acts of murder due to forced defense that exceeds the limits according to the criminal justice system. The method used is normative with a statue approach, case approach and conceptual approach, the data source used is a secondary data source, consisting of primary legal material, secondary legal material and tertiary legal material, the data analysis technique is by carrying out an analysis of the legal material through analytical activities and the nature of this research is prescriptive. The results of the research and analysis carried out by the author are that the requirements for issuing SP3 were not met because the perpetrator of the robbery died and the criminal act was seen from the locus, tempus delicti, the principles used by the Police in issuing SP3 without any clear legal reasons. Forced defense that exceeds the limit is still unlawful, but there are other factors that will be considered by the judge, whether the act is truly a forced defense whose liability can be removed by justifying or forgiving reasons or not, whether the act is truly included in the law. Article 49 of the Criminal Code (KUHP) through interpretation carried out by the Judge. In conclusion, legally the Police Agency cannot issue an Order to Stop Investigation in a murder because the defense is forced to exceed the limits. The judge will examine and decide whether the act falls within the elements of Article 49 paragraph (2) of the Criminal Code (KUHP) or not.

Keywords: SP3, Forced Defense that Exceeds Limits.

RATIO LEGIS PENGATURAN TENTANG ANAK SAKSI YANG MEMBERIKAN KETERANGAN TANPA DISUMPAH DALAM PEMERIKSAAN PERKARA PIDANA

Lilly Florian Otemusu, Reni Rebeka Masu Rebeka Masu, Aksi Sinurat — Tue, 07 May 2024 00:00:00 +0000

ABSTRACT: Child witnesses who are not yet 15 years old have never been married and have not been sworn in during a criminal case examination certainly do not meet the formal requirements as witnesses at trial, even though the material requirements have been met, namely that the testimony is the only testimony that has been personally experienced, felt and seen. himself by the Child Witness. If so, what is the Ratio of Legislative regulation regarding Child Witnesses who give statements without being sworn in during the examination of criminal cases and does the Child Witness's statement have juridical force as evidence as in the case found at the Oelamasi District Court in case No. 5/Pid.Sus/2022/PN Olm, No. 53/Pid.Sus/2022/PN Olm and No. 107/Pid.Sus/ 2022/PN Olm? The aim of this research is to analyze the Legislative Ratio regarding child witnesses who give statements without being sworn in during criminal case examinations and have juridical power as evidence. The method used is normative juridical with a statutory approach, case approach and conceptual approach. The data sources used are primary and secondary data sources and the data analysis technique used is prescriptive analysis.

Based on the results of research and analysis carried out by the author, Ratio Legis regulates Child Witnesses who provide testimony without being sworn in during criminal case examinations, providing protection for Child Witnesses aged 15 years to those who are not even 18 years old to provide testimony under oath in front of the trial because they are considered competent. and can be accounted for in its truth and fulfills the formal requirements of the trial. The testimony of a child witness given without an oath is legally not a valid piece of evidence, even though the statements given without an oath are in agreement with each other, they are still not evidence so they do not have the power of proof that can fulfill the formal requirements as evidence. legitimate. Therefore, it is necessary to draft a legal regulation that regulates Child Witnesses who give statements without being sworn in so that they can be clear and complete so that they can fulfill the formal requirements in a trial and can fill the legal vacuum in the regulation of Child Witnesses. If necessary, reforms will be made to the Criminal Procedure Code and the SPPA Law.

Keywords: Ratio Legis, Statement, Child Witness, under 15 years of age, oath, strength of evidence, and formal requirements.

Pengaturan Presidential Threshold Dalam Kerangka Demokrasi di Indonesia

Yulius Dona Kariam, Yohanis G. Tuba Helan — Thu, 09 May 2024 00:00:00 +0000

Article 6A paragraph (2) of the 1945 Constitution states that: "Pairs of presidential candidates and vice presidential candidates are proposed by political parties participating in the election before the general election is held." In reality, parties participating in the election or even parties sitting in parliament cannot nominate candidates for president and vice president if they do not get a minimum of 20 percent of the seats, so they have to form a coalition where there are political exchanges. The research used to examine legal issues in this thesis is normative legal research.The complexity of presidential candidacy in a democratic country is a deviation from democracy, this occurs because of the presidential threshold. The impact of the Presidential Threshold is: first, limited choice of presidential and vice presidential candidates; second, polarization of political power; third, the maintenance of oligarchy in the Presidential Threshold system; fourth, constitutional decline of democracy; fifth; irrelevant in simultaneous elections. Therefore, in the democratic world of Indonesia which has various tribes, religions, races and groups, a common starting line is needed, namely by revising the election law which regulates the Presidential Threshold so that it is in accordance with the constitution. Bearing in mind that Indonesia is a country consisting of various groups of minorities (racial, ethnic, religious, etc.) who agreed to form a state, the state should have a role in accommodating all the aspirations of society, including the aspirations of minority groups. So the threshold requirements for presidential candidates are not needed. Because by implementing the current threshold, it will minimize the people's choices in finding their leader.

ANALISIS PERGESERAN BUDAYA KAWIN TANGKAP TERHADAP PEREMPUAN DALAM PEMIKIRAN LEGAL FEMINIST DI KABUPATEN SUMBA TENGAH

Andraviani Fortuna Umbu Laiya, Karolus Kopong Medan, Aksi Sinurat — Thu, 09 May 2024 01:40:35 +0000

The captured marriage culture in Central Sumba Regency has experienced a shift in cultural values which has resulted in violence against women, thus triggering a debate between customary law and Indonesian positive law. This research aims to describe the essence of the culture of captive marriage towards women in Central Sumba Regency and its suitability with Positive Law as well as to elaborate on the shift in the culture of captured marriage towards women in Central Sumba Regency in Legal Feminist thinking. The research method used is empirical legal research which obtains data from primary data or data obtained directly from the community and library legal sources. The research results show that the practice of arrest marriage is no longer in line with the principles of the Indonesian State which ratified the Human Rights Law, because this practice indicates various oppressions against women specifically in the process of arrest and detention. Using feminist legal theory, from a legal text analysis approach, it was found that the weakness of customary law in Central Sumba is that it is patriarchal and communal in nature, while the legal text of the Sexual Violence Crime Law has weaknesses in the unavailability of implementing regulations and there is a legal vacuum in the regional government of Central Sumba Regency regarding arrest marriage. . In the legal application approach, cases of captured marriages are predominantly resolved according to custom, due to family relationships and the attachment of captured marriages to the culture of the Central Sumba traditional community. The novelty in this research is describing the cultural essence and reality of the shift in the culture of capture marriage in Central Sumba Regency, which is analyzed using a legal feminist theory approach to handling it. This research is only limited to the capture marriage culture that occurs in Central Sumba district using a feminist legal approach

REGULASI TATA NIAGA KOMODITAS HASIL PERIKANAN DI NUSA TENGGARA TIMUR DALAM PRESFEKTIF LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT

Filemon Fridolino Ngebos, Jeffry A. Ch Likadja, Orpa J Nubatonis — Sat, 01 Jun 2024 00:00:00 +0000

REGULASI TATA NIAGA KOMODITAS HASIL PERIKANAN DI NUSA TENGGARA TIMUR DALAM PRESFEKTIF LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT

Abstract: This research aims to examine and analyze the Trading System for Fishery Product Commodities in East Nusa Tenggara in the perspective of the Prohibition of Monopolistic Practices and Unfair Business Competition, in this case regarding Governor Regulation Number 39 of 2022 concerning the Trading System for Fishery Product Commodities in East Nusa Tenggara which has created The seaweed commodity market is a monopsony where there are more buyers than sellers so that the competitive market becomes an imperfect competitive market. This Governor's Regulation also mandates prohibiting sales outside the region which has created a concept of protection in inter-regional trade in Indonesia.The research used is normative research and the results of the research found that: (1) Governor's Regulation Number 39 of 2022 is contrary to Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition because the Governor's Regulation has created a market with a monopsony pattern and Price determination carried out by the Head of the Fisheries and Maritime Service of East Nusa Tenggara Province which is contrary to Law Number 18 of 2012 concerning Food and Law Number 19 of 2013 concerning Farmer Protection where the price determination determined by the Head of the Department does not take into account Income and capacity. buy seaweed farmers and also fail to create favorable price conditions for seaweed farmers as mandated by these two laws; (2) The Protection Policy created by Governor Regulation Number 39 of 2022 is contrary to Law Number 5 of 1999 and also Law Number 7 of 2014 concerning Trade because inter-island trade according to Law Number 7 of 2014 is the authority of the Minister trading.

Keywords: commercial law, anti-monopoly law, monopsony, protection policy

PENYELESAIAN SENGKETA KEPEMILIKAN SERTIFIKAT GANDA PENGADILAN TATA USAHA NEGARA (STUDI PUTUSAN Nomor 5/TF/2023/PTUN.KPG)

Tegis M.Olla Ruing, Saryono Yohanes, Yohanes G Tuba Helan — Sat, 01 Jun 2024 00:00:00 +0000

ABSTRACT: This certificate is a strong piece of evidence that contains physical data and juridical data on the land, as long as the juridical data and physical data are in accordance with the data in the measuring certificate and the land rights book in question and there are no complaints from other parties. The problem formulation in this research is: What is the Authority of the Kupang State Administrative Court in Resolving Multiple Certificates in Decision Number 5/TF/2023/PTUN.KPG?, and What are the Basic Considerations of the Kupang State Administrative Court Judges in Deciding Case Number. 5/TF/2023/PTUN.KPG?. The theory used is the theory of legal certainty put forward by Gustav Radbruch which states that something that is made must have a goal or purpose. Law has three main objectives: justice for balance, certainty for decisions, expediency for happiness. The results of the research show that Decision Number 5/TF/2023/PTUN.KPG does not fulfill the authority of the Kupang State Administrative Court, because the a quo case relates to an ownership dispute regarding who has the right to land located in Labuan Bajo, and to the basis of consideration. The judge in decision Number 5/TF/2023/PTUN.KPG stated that the process of resolving the dispute over ownership of multiple certificates in Kel Labuan Bajo, Komodo District, West Manggarai Regency, in essence, resulted in overlapping land rights as research had been carried out by Defendant I, but , The Kupang State Administrative Court decided that ownership must be resolved through the district court.

Keywords: Dual Certificate, Court Authority