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All Journal Jurnal Akta International Journal of Law Reconstruction Literatus JURNAL USM LAW REVIEW JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Journal of Community Development FOCUS: Journal of Social Studies IBLAM Law Review International Journal of Science and Society (IJSOC) International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Journal of Law, Poliitic and Humanities Literasi: Jurnal Pengabdian Masyarakat dan Inovasi Eduvest - Journal of Universal Studies Innovative: Journal Of Social Science Research Journal of Social Science Sawerigading Law Journal KANGMAS: Karya Scientific Community Service is a journal Asian Journal of Social and Humanities SASI Humaniorum Journal Journal of Law
Heliany, Ina
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Journal : Journal of Law

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PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KORUPSI DALAM BENTUK SUAP (STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 77/PID.SUS-TPK/2023/PN.JKT.PST Rohadi, Rohadi; Heliany, Ina
Postulat Vol 2 No 2 (2024): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v2i2.1766

Abstract

Offering or promising something to a person with the intention of influencing them to perform or refrain from performing a duty contrary to their authority or obligation in the public interest is known as bribery. According to the Corruption Crime Act, any gift given to a state official or civil servant is considered a bribe. This research focuses on the legal liability of state officials who accept gifts and the factors considered by judges in deciding cases involving corrupt officials who receive gifts, as seen in the Central Jakarta District Court Decision Number 77/Pid.Sus-TPK/2023/PN Jkt.Pst. The findings of the study indicate that gratuities given to state officials or civil servants are deemed bribes if they are related to their position and contradict their duties or obligations. The first provision requires proof that the gratuity is not a bribe, while the second provision requires proof that the gratuity is valued at less than Rp10,000,000.00. The prosecutor provided evidence that the gifts in question constituted bribes. Failing to report the received benefits can result in fines of at least Rp200,000,000.00 (two hundred million rupiah) and up to Rp1,000,000,000.00 (one billion rupiah), as well as imprisonment for a minimum of 4 years and a maximum of 20 years or life imprisonment. The bribe giver may also face fines of at least Rp50,000,000.00 (fifty million rupiah) and up to Rp250,000,000.00 (two hundred fifty million rupiah), and imprisonment for a maximum of one to five years. Article 13 of Law No. 31 of 1999 on the Eradication of Corruption Crimes also includes additional penalties, such as fines of up to Rp150,000,000.00 (one hundred fifty million rupiah) and/or imprisonment for up to 3 years. In decision number 77/Pid.Sus-TPK/2023/PN Jkt.Pst, the judge considered the degree of culpability, the charges under Article 12(b) in conjunction with Article 18 of Law No. 31 of 1999 on the Eradication of Corruption Crimes, as amended by Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999, in conjunction with Article 55 Paragraph (1) of the Penal Code and Article 64 Paragraph (1) of the Penal Code, as well as aggravating and mitigating factors.
Analisis Efektivitas Penerapan Pasal 36 Ayat 3 Undang Undang No 32 Tahun 2002 tentang Penyiaran Terhadap Pemirsa Anak Hadi, Adi Moh Kurnia; Heliany, Ina
Postulat Vol 3 No 1 (2025): POSTULAT: Jurnal Ilmu Hukum
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/postulat.v3i1.1906

Abstract

Television remains one of the main media for entertainment and information in Indonesia, even though digital media and streaming platforms are now increasingly developing. Watching television is a common activity among families, especially as a moment of togetherness after activities. However, along with the variety of shows provided by television stations, concerns have arisen regarding content that is not suitable for children. Shows that contain elements of violence, lies, slander, harassment, and even sensitive issues such as SARA and LGBT have the potential to damage children's psychological and social development. Therefore, it is important for parents to be more selective in controlling the shows their children consume. This research aims to evaluate the effectiveness of the implementation of Article 36 paragraph 3 of Law Number 32 of 2002 concerning Broadcasting in protecting children's broadcasts and how supervision and sanctions are applied to television stations that violate these provisions. This research uses qualitative normative legal research methods, with a focus on literature study and visual documentation analysis that utilizes primary, secondary and tertiary legal materials. The research results show that there are gaps in supervision and law enforcement regarding the broadcasting of children's shows in accordance with existing regulations. It is hoped that this research can provide input in developing broadcasting policies that are more effective and fairer for child protection in Indonesia.
Co-Authors Abda Abda Al Adawiah, Rabiah Astuti, Cindy Dwi Dada, Syafrudin Eko Haryanto Kembang Dynanti, Rana Syndri Edy Supriyanto Fitryantica, Agnes Fransiska Novita Eleanora Hadi, Adi Moh Kurnia Hartono Hartono Henry Soelistyo Budi, Henry Soelistyo Howard Lalamentik, Karen Laela, Sofa Lase, Renungan Syukur Berkat M, Nurmiati Maemanah MOH. TAUFIK Nachrawi, Gunawan Radian Syam, Radian Raymond R. Tjandrawinata Rohadi Rohadi Said, Yusuf Muhamad Sihotang, Muhenri Soelistyo Budi, Henry Suhartono Tasripin, Ipin widowati widowati Windiyastuti , Feny Windiyastuti, Feny