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Journal : Amicus Curiae

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PENDAMPINGAN PENASIHAT HUKUM TERHADAP TERDAKWA HUKUMAN PIDANA PENJARA DI ATAS 5 TAHUN : Legal Counsel Assistance For Defendants With Prison Sentences Exceeding 5 Years Christina , Anggi Erika; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19519

Abstract

Defendants who are sentenced to imprisonment for more than 5 years have the right to be accompanied by legal counsel. The formulation of the problem raised concerns the reason in examining the accused at the trial of a crime which carries a penalty of more than 5 (five) years in prison without beng accompanied by a legal adviser and the legal consequences of the decision handed down to the accused Tito Ariyanto who was examined and sentenced without beng accompanied by a legal adviser . This research method uses reAArch types based on normative research referring to secondary data. The nature of the research is descriptive and drawing conclusions using deductive methods. The results of the research and discussion, namely the actions of the defendant as a delivery agent for crystal methamphetamine/ecstasy were sentenced to imprisonment for 9 (nine) years without beng accompanied by legal counsel, so the conclusion of this investigation, the legal consequences caused by the defendant not beng accompanied by legal counsel, were not clearly explained by the law, but if you see several decisions of the Supreme Court then it becomes procedural law, that it is explained that if the defendant is not accompanied by legal counsel, then all legal products produced are null and void and contain legal defects
ANALISIS PUBLIKASI PUTUSAN HUKUM YANG MEMUAT IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM: Analysis of the Publication of Judges’ Decisions Containing the Identity of Children in Conflict with the Law Danasari, Putu Angel Putri; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19558

Abstract

Abstract  In accordance with the applicable guidelines, children who have problems with the law cannot publish their identities in court decisions that are disseminated on paper or electronic media. However, there is a judge’s decision that publishes the child’s identity. This article raises the issue of whether the publication of judge’s decisions containing the identity of a child violates Law Number. 11 of 2012 and the Decree of the Chief Justice of the Supreme Court Number: 1-144/KMA/SK/I/2011 and what are the legal consequences for the publication of a judge’s decision containing the identity of a child in conflict with the law. The research was conducted normatively based on secondary data and primary data. Data analysis was carried out descriptively and conclusions were drawn using deductive methods. Based on the analysis, it can be concluded that the judge’s decision to publish the identity of a child in conflict with the law has violated Article 3 letter I in conjuction with Article 19 Paragraph (1) of law Number 11 of 2012 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number: 1-144/KMA/SK/I/2011. Children who suffer losses as result of their identity being published can file a civil lawsuit to obtain compensation.
PUTUSAN BEBAS YANG TIDAK MEMPERTIMBANGKAN ALAT BUKTI DALAM PERSIDANGAN PERKARA TINDAK PIDANA: Acquittal Decision Not Considering Evidence in Trial of Fraud Crime Cases Azahra, Aura; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19597

Abstract

Acquittal Deicision is a deicision that proveis that the guilt charged to defeindant has not been provein legally and convincingly guilty. Thei probleim in this study is thei consideration of evideince in the acquittal dictum and eivideintiary poweir eiach evideince in a crimei fileid by the public prosecutor. Based on the probleim it was found that there was a discrepancy in the consideiration of evideincei in the acquittal dictum where in fact the evideince submitteid and examineid in thei trial had met the two minimum principleis of eivideincei and fulfilleid thei two eleimeints of the articlei one hundreid eiighty fivei seiction six of thei Criminal Procedure Code and thei streingth of the evideince submitted and examined is containeid in Article one hundreid eighty four section one of the Criminal Procedure Code. The reseiarch method used is normative juridical by conducting qualitative data analysis.
PRAPERADILAN JULIET ASRIL SEBAGAI TERSANGKA PIDANA KORUPSI (PUTUSAN NOMOR 3/PID.PRA/2021/PN.TPG): Juliet Asril Pretrial as a Criminal Suspect of Corruption (Decision Number 3/Pid.Pra/2021/PN.Tpg) Dinanti, Bernandia Hamsyah; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19609

Abstract

Pretrial Request Number 3/Pid.Pra/2021/PN.Tpg from the Tanjung Pinang District Court, citing expiration as the basis for the request. This study focuses on how Pre-trial object arrangements are governed by the Criminal Procedure Code in relation to the Constitutional Court's decision No. 21/PUU-XII/2014 and whether the legal considerations and dictum of the Pretrial decision No. 3/Pid.Pra/2021/PN.Tpg were in accordance with the provisions of the Criminal Procedure Code and the Constitutional Court's decision No. 21/PUU-XII/2014. The author conducted normative research in order to respond to this query. Data management is conducted qualitatively, with reference to secondary data or library materials, while analysis and conclusion-drawing are qualitatively descriptive and deductive, respectively. Conclusions drawn from the research and discussion are that the legal considerations and the judge's dictum in Tanjungpinang District Pre-Trial Case Number 3/Pid.Pra/2021/PN.Tpg are not appropriate because there are only two grounds for determining a suspect: the allegation that the suspect committed a crime and the existence of sufficient preliminary evidence.
UNSUR TINDAK PIDANA DAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENYEBARAN GAMBAR PORNOGRAFI: Elements Of Criminal action And Criminal Sanctions Against Person Of The Criminal Action Of Electronic Pornography Images) Davita, Bunga; Setiyono
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19740

Abstract

Currently the world is increasingly connected to each other, pornography can be freely accessed without any restrictions by irresponsible parties. This ultimately has an impact on changes in values, moral norms, and decency, so the author will examine and discuss cases of distributing pornographic images electronically based on the Payakumbuh District Court Decision Number 4/Pid.Sus/2022/PN Pyh. So the formulation of the problem in this study is: is there a compatibility between the Defendant's actions and the provisions of Article 27 (1) of the ITE Law and whether it can be prosecuted based on Article 27 paragraph (1) ) of the ITE Law. This study uses normative legal research methods using secondary data consisting of primary, secondary and tertiary. The nature of this research is descriptive. then analyzed qualitatively. draw conclusions with the deductive method. Based on the analysis carried out, a link was achieved between the act and the provisions of Article 27 paragraph (1) of the ITE Law, so that the judge's acquittal against the defense was inappropriate. does not fulfill a sense of justice and sanctions should be based on the provisions of Article 45 paragraph (1) in conjunction with Article 27 paragraph (1) of the ITE Law
BANTUAN HUKUM OLEH DIVISI HUKUM POLISI REPUBLIK INDONESIA YANG MELAKUKAN TINDAK PIDANA (STUDI PUTUSAN NOMOR : 372/PID.B/2020/PN.JKT.UTR.): Legal Assistance By The Legal Division Of The Republic Of Indonesia Police Who Commit Criminal Offenses (Study Decision Number: 372/Pid.B/2020/PN.Jkt.Utr.) De Rinus, Maria Filfrida; Setiyono
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19755

Abstract

- Provision of Legal Assistance provided by the Legal Division of the Police of the Republic of Indonesia to Police officers who have committed Serious Abuse in Decision No: 372/pid.B/2020/PN.Jkt.Utr. The main problem of this thesis is whether the provision of legal assistance by the Legal Division of the Indonesian Police to members of the Police who committed criminal acts of serious abuse in Decision No. 372/Pid.B/2020/PN.Jkt.Utr. and whether the consequences of using the Advocate Attributes provided by the Legal Division of the Indonesian Police are in accordance with existing laws and regulations. The type of research used is normative juridical using secondary data, qualitative data analysis, and drawing conclusions using deductive methods. Based on the analysis, it is known that the provision of legal assistance by the National Police Legal Division to Police Officers in the Crime of Serious Persecution is in accordance with National Police Chief Regulation no. 2 of 2017 which is in conflict with article 13 paragraph (2) of PP No. 3 of 2003 concerning the Implementation of Institutional Technical General Courts for Members of the Indonesian Police and the use of advocate attributes by the police in trials is contrary to Constitutional Court decision No.: 89/PUU-XV/2017 and Article 25 paragraph (1) Law no. 18 of 2003 concerning Advocates.
KEKUATAN PEMBUKTIAN ALAT BUKTI REKAMAN SUARA DALAM PERKARA TINDAK PIDANA KORUPSI (STUDI PUTUSAN NOMOR 15/PIDANA KHUSUS-TINDAK PIDANA KORUPSI/2020/PENGADILAN NEGERI SURABAYA): The Power of Proof of Voice Recording  Evidence in Crime of  Corruption ( Study of Decision Number 15/Special  Criminal –Crime of Corruption/2020/Surabaya State Court) Hadiyanto, Narissa Rafaputri; Setiyono
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/zhnvz164

Abstract

Corruption is an ongoing issue in Indonesia, with hundreds of cases occurring every year. The Corruption Eradication Commission (KPK) has special authority to conduct wiretapping as part of the investigation efforts into corruption cases. One of the frequently used pieces of evidence in wiretapping is voice recordings. In this research, a normative legal approach with a descriptive-analytical method is employed. The research aims to understand and analyze the evidential strength of voice recordings in  cases of corruption. Data is gathered through a literature review, utilizing primary sources like the 1945 Constitution of the Republic of Indonesia, the Criminal Procedure Code (KUHAP), and the Law on the Eradication of Criminal Acts of Corruption, as well as secondary sources such as legal books, legal journals, papers, and relevant articles. Qualitative analysis is the chosen data analysis method. The research findings affirm that the KPK has legitimate authority to conduct wiretapping and use voice recordings as evidence in the prosecution of corruption cases. Voice recordings are recognized as valid evidence with strong probative value, supported by decisions from the Constitutional Court and the expansion of evidentiary provisions in the KUHAP. The research's conclusion reinforces that the KPK can lawfully conduct wiretapping and employ voice recordings as evidence in accordance with applicable laws, playing a crucial role in the fight against corruption in Indonesia. Keywords: Corruption; Criminal Code; Wiretapping; KPK; Voice Recording
KEADILAN RESTORATIF (RESTORATIVE JUSTICE) DALAM PERKARA TINDAK PIDANA PENCURIAN (DI KEJAKSAAN NEGERI JAKARTA BARAT: Restorative Justice in Theft Crime Cases (at the West Jakarta District Attorney's Office) Bustan, Josephine Kezia; Setiyono
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/nhrxjr51

Abstract

Restorative justice is a new concept that may justify the suspension of criminal investigations throughout the criminal justice system. The West Jakarta District Attorney's Office investigated a theft case using this strategy. The problem studied was how the West Jakarta District Attorney's Office applied restorative justice to a theft case involving suspect Hendra Yohanes and how it was evaluated in a non-criminal case involving the same suspect. This descriptive research uses normative legal studies to show how restorative justice can resolve criminal cases. This research uses primary and secondary sources to obtain information. The West Jakarta District Attorney's Office abandoned the restorative justice prosecution of a theft case after going through procedural steps conducted by the facilitating prosecutor, according to the results of the research. The West Jakarta District Attorney's Office issued a Decree to Discontinue Prosecution to resolve Hendra Yohanes' theft case after reconciling with the victim, the suspect's apology, and a statement that he would not reoffend.
ANALISIS PERBEDAAN TAFSIR MENGENAI PERSESUAIAN ALAT BUKTI DALAM PEMBUKTIAN TINDAK PIDANA PENIPUAN (STUDI PUTUSAN NOMOR: 278/PID.B/2021/PN.TNG): Analysis Of The Differences In Interpretation Regarding The Suitability Of Evidence In The Proof Of Fraud Offenses (Study Of Verdict Number: 278/Pid.B/2021/Pn.Tng) Bobby Firmansyah; Setiyono
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23000

Abstract

Based on the applicable legislation, the Defendant Timothy Tandiokusuma should have been sentenced for the crime of fraud and deceit. The identification of the problem in this research is how the conformity of evidence proves the existence of fraud (Case Study Number: 278/Pid.B/2021/PN.Tng) and how the legal considerations of the Tangerang District Court judge in acquitting Timothy Tandiokusuma (Case Study Number: 278/Pid.B/2021/PN.Tng). The conformity of evidence has met the principles of Article 185 paragraph (6) of the Criminal Code, which is the method used by a judge in sentencing the Defendant. Data analysis was conducted descriptively and conclusions were drawn using deductive methods. Based on the research results and conclusions, it is concluded that there was an error by the Panel of Judges in sentencing the defendant due to not paying attention to the conformity of the evidence. In this case, the Panel of Judges only referred to evidence such as witness statements, bank statements, checks, and contract letters, and considered the act as not a criminal offense but rather a civil matter. The victim witness who suffered losses due to the Defendant's actions should have filed a fraud claim to obtain compensation.
ANALISIS KEWENANGAN KPK RI ATAS PENETAPAN TERSANGKA TINDAK PIDANA KORUPSI MILITER AKTIF PADA LEMBAGA NON MILITER: Analysis of the Authority of the KPK RI on the Determination of Active Military Corruption Suspects in Non-Military Institutions Syifa Putri Aulia; Setiyono
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23998

Abstract

Corruption offenses are not exclusively committed by civilians; disciplined military personnel can also be involved. A notable instance of this was disclosed by the Corruption Eradication Commission (KPK) through a sting operation (OTT) on July 27, 2023. During this operation, KPK apprehended several private individuals and the Coordinator of Administration (Koorsmin) of Basarnas RI, Lieutenant Colonel Adm Afri Budi Cahyanto. The identification problem of this analysis is the authority and legal basis for KPK RI to charge the Head of Basarnas RI and the Coordinator of Administration (Koorsmin) of Basarnas RI in the context of the procurement project for disaster victim search equipment. Additionally, it examines the legal foundation for KPK RI to designate an active military officer as a suspect in a corruption case within a non-military institution. The result and conclusion; reveals that KPK possesses the authority to handle corruption cases involving active-duty personnel who are employed in non-military institutions or organizations, even if the perpetrators are active military officers. The primary legal foundation for the Corruption Eradication Commission of the Republic of Indonesia (KPK RI) to designate a suspect in the disaster victim search equipment procurement project is Law Number 19 of 2019, which is the second amendment to Law Number 30 of 2002 on the Corruption Eradication Commission.
Co-Authors Alexander Joshua Pratama Ammar Farras Fauzan Anggraini, Febri Anis Kristia Putri Arief Rahmatulloh Arnaldo Vinerdi Arum, Ayu Puspita Audric Farell Nolan Ayuningtyas, Putri Larasati Azahra, Aura Azhar Dhika Winarto Bagus Bara Bobby Firmansyah Buldani Ridha Bustan, Josephine Kezia Candra Aries Priyendi Christina , Anggi Erika Ciptaningtyas, Ariesta Wulandari Danasari, Putu Angel Putri David Bueno Davita, Bunga De Rinus, Maria Filfrida Dewi Nadya Maharani Dewi Natasya Lestari Dinanti, Bernandia Hamsyah Dyah Ayu Savitri Erwin Kusbianto , Dwi Fotuhoaro Ndruru Gatot Efrianto Geovanni Ikram Gunawan Syahrantau Hadiyanto, Narissa Rafaputri Irwanto Sucipto, Irwanto Julian Daniel Maulana, Juraisyki Iqbal Mega Mustika Noviyanti Meliala, Susan Barbara Patricia Sembiring Mohammad Ubaidillah Muhammad Fauzan Ridho Kanungga Rominton Muhammad Ghufron Rosyady Muhammad Noval Amaldy Nada Samyra Nisak, Fauziatun Novendra, Dimas Ihza Nurul Kamaliya nurul latifah Partini Partini Patricia Sembiring, Susan Barbara Patricia SM, Susan Barbara Puan Dinaphia Yunan rachman winarto, Yudha Rahardianto, Trias Rama Wahyu Pratama Putra Reni Ambarwati Rifngatul ‘Atiqoh Rosita Dwi Chrisnandari Sari, Andini Permata Sawitri Yuli Hartati Sawitri Yuli Hartati S. Setyaningrum, Putri Imaniar Sholeh Avivi Subakti, Bawafi Syakia Brafnasha Isabella Pambudi Syifa Putri Aulia Vira Felinda Ayu Cahyani Virsa Faliolla Tasyakuranti Wildan Muhlison, Wildan Wiratama, Galih Putra Zaqinadevi, Amritha Suko Zefri Ziansyah Attallah Rahmana