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Esther, July
Fakultas Hukum Universitas HKBP Nommensen
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Criminal Offenses Committed by Civilians Together With Members Of The Military Tamba, Handika Syahputra; Esther, July; Sinaga, Jusnizar
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3576

Abstract

The Military Court can only deal with such cases if there is a decision by the Minister of Defense and Security, approved by the Minister of Justice, to transfer it to a military court. This decision is usually based on consideration of the degree of harm caused to military interests. Based on the types and sources of data used in this research, the author applies normative qualitative research methods. Normative qualitative research is an approach carried out through literature studies by utilizing various references, such as laws, books, journals, theses, and laws and regulations relevant to the formulation of research problems Conflicting sentences reflect the complexity of the criminal justice system involving various legal institutions, such as military police, civilian police, military prosecutors. The handling of this case requires good coordination between institutions to ensure a transparent legal process, in accordance with applicable regulations. This mechanism aims to accommodate equal legal treatment of perpetrators, both members of the military and civilians, while maintaining military discipline, the rule of law. Conflicting crimes reflect the complexity of the criminal justice system in Indonesia, because they involve two different legal jurisdictions. The mechanisms set out in the Military Justice Law aim to ensure justice for perpetrators and victims, while still considering the efficiency and effectiveness of the legal process. The handling of koneksitas cases requires cross-institutional cooperation to ensure a fair and transparent legal process.
THE APPLICATION OF RESTORATIVE JUSTICE IN HANDLING CORRUPTION OFFENDERS AS AN EFFORT TO RECOVER STATE LOSSES July Esther; Juznizar Sinaga; Jinner Sidauruk; Nelly Kapitarani Panggabean
Jurnal Hukum Samudra Keadilan Vol 19 No 2 (2024): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33059/jhsk.v19i2.10647

Abstract

Research conducted by the author found that there were conflicts in law. This conflict in law occurred between Jampidsus Circular Letter Number: B1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling Corruption Crime Case under Article 4 of Law Number 31 1999 concerning the Eradication of Corruption Crimes. Related with the return of state losses in the Jampidsus Circular Letter Number: B- 1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling of Corruption Crime Cases states that if it has recover state financial losses, especially related to case Corruption crimes with relatively small losses need to be considered not to be followed up, except those which are still going on, meanwhile in Article 4 of Law Number 31 of 1999 concerning The Eradication of Corruption Crimes states that returns. State losses do not eliminate the punishment of the perpetrator. The Restorative Justice approach is if the Prosecutor's Office feel that there is a loss to the state's finances caused by the action criminal corruption and have small or no financial losses in the big fish category, the Prosecutor's Office can ask to investigate and issued a statement stating that the investigation into criminal acts of corruption This was stopped because the alleged perpetrator had returned the loss state and be proactive in the process of recovering financial losses that country. This is what is called the role of the Prosecutor's Office in implementing it restorative justice approach in resolving criminal cases corruption. The aim of this research is to analyze the implementation of implementation the principle of Restorative Justice in the context of Restitution State Financial Losses in handling criminal acts of corruption based on Jampidsus Circular Letter Number: B1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling Corruption Crime Cases
The Role of Advocates in Handling Divorce Cases When the Plaintiff Is Not Present at The Decision Hearing Mayca, Ofelica Ruth; Esther, July
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.837

Abstract

In the context of family law, the presence of a competent advocate is essential to represent and protect the interests of the plaintiff. The advocate serves as the legal representative in court and ensures that the entire legal process runs smoothly and fairly even in the absence of the plaintiff. The advocate's duties consist of attending the judgment hearing, recording the contents of the judgment, communicating the result to the plaintiff and providing legal advice regarding the next steps to be taken including the filing of an appeal. Not only does this involve aspects of legal representation, but also the management of communication between the plaintiff and the court and the preparation of relevant documents. The results show that the role of advocates is essential in the legal process, providing certainty and protection of rights for plaintiffs and ensuring a fair and transparent legal process.
Analysis of Judges' Considerations Regarding Divorce Lawsuits Caused by Domestic Disputes Eka Kristina Sinaga; July Esther
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.318

Abstract

Analyzing the Legal Considerations of the Panel of Judges in deciding a divorce lawsuit caused by domestic disputes, by examining the legal reasons used as the basis for decision making. Identifying factors that influence the judge's decision, both objective and subjective, such as evidence presented, reconciliation efforts, and social or psychological impacts on married couples and children. This research uses a normative research method, which is a research method that focuses on the analysis of applicable legal norms, both in statutory regulations and court practice. This research aims to analyze the legal considerations of the panel of judges in deciding divorce lawsuits caused by domestic disputes, by referring to relevant legal regulations and court decisions. Based on the research results, it can be concluded that the panel of judges' legal considerations regarding divorce lawsuits caused by domestic disputes are very complex and involve various legal, social and psychological factors. Limitations in Analyzing Psychological and Social Factors: Judges' considerations often involve deep psychological factors related to family dynamics, but these factors are difficult to analyze objectively by relying solely on legal documents and court decisions. This research has the potential to make a significant contribution to improving family law practice in Indonesia, improving existing legal processes, and having a positive impact on individuals and communities involved in divorce
Criminal Law Policy in Indonesia Regarding the Distribution of Pornographic Videos on Social Media Fajar Sitorus; Herlina Manullang; July Esther
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.326

Abstract

The objective of this study is to evaluate the effectiveness of criminal law policies in Indonesia in addressing the dissemination of pornographic videos on social media. The spread of pornographic videos on social media has become a serious issue in Indonesia, affecting societal morality, particularly among the younger generation. This study aims to analyze the criminal law policies implemented in Indonesia to combat the distribution of pornographic videos through social media platforms. Social media refers to tools or platforms used for communication via networks. This research adopts a normative approach by analyzing relevant regulations, such as the Electronic Information and Transactions (ITE) Law and criminal laws governing pornography. The findings indicate that while several regulations address the dissemination of pornographic content, the effective implementation of these laws remains limited. Challenges include a lack of legal awareness, difficulties in enforcing laws in the digital realm, and weak coordination among law enforcement agencies. Therefore, this study recommends strengthening policies, enhancing public education on the negative impacts of pornography dissemination, and improving the capacity of law enforcement officers to tackle cybercrimes.
Peran Advokat dalam Menangani Kasus Perlindungan Konsumen dalam Pengajuan Asuransi yang Mengandung Unsur Penipuan Ira Sarawaty Sirait; July Esther
Bulletin of Community Engagement Vol. 4 No. 3 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v4i3.1631

Abstract

Consumer protection is a basic right that must be guaranteed by the state, especially in the insurance sector which has a high potential risk for consumers. Although Law No. 8 Year 1999 on Consumer Protection (UUPK) has provided a legal basis, there are still various challenges in its implementation, especially related to fraudulent practices that often occur in the process of filing insurance claims. This fraud can cause significant financial losses for consumers, both financially and psychologically. In this context, advocates have a very important role in protecting consumer rights, from assisting during the dispute resolution process to advocating for policy changes that better protect consumers. This research uses a normative juridical method with a literature study approach to analyze the role of advocates in handling cases of insurance fraud. It is hoped that the results of this study can provide a comprehensive understanding of the importance of the role of advocates as companions and protectors of consumer rights in the face of fraudulent practices of insurance companies and encourage the creation of a more fair, transparent and accountable insurance system
Legal Protection for Consumers Who Suffer Losses Due to Goods Purchased Online Not in Accordance with the Agreement Angelina Kristin Laoly, Grace; Esther, July; Hertati Gultom, Meli
Greenation International Journal of Law and Social Sciences Vol. 2 No. 4 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i4.316

Abstract

This study aims to analyze legal protections for consumers who suffer losses due to goods purchased online not in accordance with agreements. Using normative legal research methods and case studies, this study examines consumer protection regulations based on Law Number 8 of 1999 concerning Consumer Protection (UUPK). The results of the study show that consumers have the right to goods in accordance with the agreement and are entitled to compensation in the event of a violation. However, challenges such as the difficulty of claiming and returning goods procedures are still an obstacle. This study also found that the non-litigation mechanism through BPSK provides a fast and cheap alternative to dispute resolution. Effective law enforcement and supervision of business actors on e-commerce platforms are urgently needed to improve consumer protection in digital transactions.
A Comparative Study of Trading in Influence in Indonesian and Spanish Corruption Laws Gebi Vani Habeahan; Herlina Manullang; July Esther
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1274

Abstract

One of the eleven types of corruption covered by Articles 18 a and b of the United Nations Convention Against Corruption (UNCAC) is trading in influence. Since trading in influence is widespread these days, it needs proper legal control to end this kind of corruption.Therefore, this research will assess the regulatory frameworks for trading in influence Spain and Indonesia, as well as the urgency of regulating trading in influence in accordance with Indonesia's anti-corruption legislation in the future. This study employs a comparative and statutory approach to normative law. According to the findings, there are notable distinctions between the two nations, particularly with regard to the legal framework. Indonesia continues to lag far behind Spain in terms of regulating trading in influence, which calls for a legislative amendment to strengthen the nation's laws.
Legal Analysis of Criminal Punishment for Perpetrators of Illegal Mining Criminal Acts Resulting in Forest Damage (Decision Number 495/Pid.Sus/2022/PN Kdi) Nola Putra E. C Simanungkalit; Martono Anggusti; July Esther
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1305

Abstract

This research focuses on the analysis of forest damage due to mining activities carried out without permits, which is considered a criminal act. Apart from that, this research also discusses criminal liability and the judge's considerations in imposing penalties related to forest damage caused by illegal mining based on Decision Number: 495/Pid.Sus/2022/PN Kdi. The approach used in this research is normative, involving a statutory approach, conceptual approach, and case approach, as well as utilizing primary and secondary legal sources from literature studies, with prescriptive analysis. From this research, several conclusions were found. Firstly, mining carried out without a permit in the forest is classified as a criminal act of illegal mining which is regulated in Law Number 3 of 2020 which amends Law Number 4 of 2009 concerning Mineral and Coal Mining, especially relating to the management of forest areas without permits as stated in listed in Article 78 paragraph (2) letter , in conjunction with Article 50 paragraph (3) letter a, of Law Number 41 of 1999 concerning Forestry. Second, for criminal liability resulting from misuse of mining business permits which causes forest damage, the sanctions imposed are in the form of prison sentences and fines, which can result in imprisonment for six months and a fine of Rp. 500,000,000.00. If the fine is not paid, it will be replaced by a prison sentence of two months. This is due to the fact that the defendant was legally and convincingly proven to be involved in the act of "taking part in carrying out, using and occupying forest areas illegally".
Discussion Criminal Offense Of Fraud Committed By Members Of The Indonesian National Army (TNI) Nainggolan, Yolanda; Esther, July; Sinaga, Jusnizar
Indonesian Journal of Law and Justice Vol. 2 No. 3 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v2i3.3598

Abstract

Fraud committed by members of the TNI is a very concerning issue because it involves individuals who should be role models in upholding the law and protecting the public. This crime not only undermines public trust but also shows a violation of the code of ethics and military discipline, even though based on their duties the TNI is required to be someone who has high discipline from various aspects.The approach used by the author of this research is the Normative Juridical Approach where this approach is an approach that focuses on the study of library law which is carried out by examining library materials or secondary data as basic material to be researched by conducting a search for regulations related to this problem.The crime of fraud aims to convince the victim to fulfill his wishes. Fraud is not regulated in the Military Criminal Code (KUHPM), but the examination process by members of the TNI is carried out in the Military Court. The settlement of the crime of fraud by members of the Indonesian National Army follows Law No. 31 of 1997, which includes the stages of investigation, prosecution, and implementation of the decision.The verdict on the crime of fraud committed by members of the Indonesian National Army based on Decision Number 41-K/PM.I-02/AD/III/2024 is correct because it is in accordance with applicable laws. The judge stated that the defendant was legally and convincingly proven guilty of committing the crime of fraud by determining the evidence revealed during the trial and also the judge's own belief in the case.
Co-Authors Adirman Adirman andreas simanjuntak Angelina Kristin Laoly, Grace Arismani Aritonang, May Pranita August Silaen Aventif Harapan Hulu Batubara, Falan Berutu, Alex Denischael Besty Habeahan Bintang Christine Bintang ME Naibaho Br.Ginting, Vini Keysa Florentina Br.Ginting Butar-butar, Benny Nuovandi Chandra Habeahan Debora Debora Debora Debora Debora Debora, Debora Eka Kristina Sinaga Elsita Lumban Gaol erfandi sinurat Erni Juniria Harefa Erwin Hamonangan Pane Fajar sitorus Gea, Jevon Noitolo Gebi Vani Habeahan Gelora Butar-butar Girsang, Fitri Santa Habeahan, Gebi Vani Herlina Manullang Herlinq Manullang Hertati Gultom, Meli Hisar Siregar imelda hutapea Iona Febrina Simanjuntak Ira Sarawaty Sirait Ismayani Ismayani ISMAYANI ISMAYANI Jeffenri Lumban Batu Jinner Sidauruk Jinner Sidauruk johan silalahi Johan Silalahi Jusnizar Juznizar Sinaga Karolus Kanefo Lafau Kartina Pakpahan Leonard, Tommy Lesson Sihotang Lumbanbatu, Indri Rovelia Manurung, Gydeon Irmawan marco teddy sitio Mare, Chandra P Simare Martono Anggusti Mayca, Ofelica Ruth Misdawati, Misdawati Nababan, Roida Nainggolan , Ojak Nainggolan, Jesella Nainggolan, Jesella Ramayanti Nainggolan, Yolanda Nanang Natasia Sitompul Ndruru, Donius Nelly Kapitarani Panggabean Nikolas F Sagala Nola Putra E. C Simanungkalit Ofelica Ruth Mayca Ojak Nainggolan Padang, Melisa Junita Pasaribu, Roy Ronaldo M. Pondang Hasibuan Putri Melani Tampubolon Raja Luhut Gandamana Ria Juliana Siregar Risky Sukoy Sitindaon Robiyanti, Dewi Roida Nababan Sagala, Sudarsono Sahat Benny Risman Girsang Samah, Eri Samuel Sianipar Sembiring, Dhiana Resta Aprilia Sembiring, Putra Ferbi Satria Siahaan, Andronius Basado Siahaan, Eko Siahaan, Yanti Siahaan, Yanti Tiara Br Sibarani, Andrew Sidauruk, Jinner Sihotang, Lesson Silalahi, Joel Silitonga, Hartati Simare Mare, Chandra P Sinaga, Jusnizar Siregar, Imanuddin Siregar, Nyesti Sitindaon, Risky Sukoy Sitompul, Natasia Stevi Inria Sagal, Febritisia Sumangat Salomo Sidauruk Syabri Syabri Tamba, Devi Christina Octaviani Tamba, Handika Syahputra Teja Rinanda togu oktavianus simbolon Tommi Remana Tarigan Tommy Leonard Willy Tanjaya Yulkarnaini Siregar Yusuf Hanafi Pasaribu