Fadillah, Astuti Nur
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Keabsahan Perjanjian Lisan Dalam Masyarakat Adat Sopamena, Ronald Fadly; Fadillah, Astuti Nur; Sopamena, Siska Vilonia Indah; Rumahlewang, Fruli; Sahupala, Gregory Anthonio
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1576

Abstract

Introduction: An agreement is a legal action that is often carried out by the community in order to fulfill the necessities of life. This is also often practiced by indigenous peoples in their daily lives.Purposes of the Research: This writing intends to examine the validity of the agreements practiced in indigenous peoplesMethods of the Research: This writing uses a normative juridical method based on primary and secondary legal materials, namely research that refers to the norms contained in laws and regulations.Results of the Research: The validity of an agreement is determined by whether or not the agreement is fulfilled with the legal terms of the agreement specified in Article 1320 of the Civil Code. Based on the author's analysis, agreements made in indigenous peoples fulfill the legal requirements of an agreement so that even if they are only made orally, they still have legal consequences.
Kualifikasi Justice Collaborator Dalam Perkara Tindak Pidana Korupsi (Studi Putusan Pengadilan Negeri Jakarta Pusat Nomor 48/Pid.Sus-TPK/2020/PN Jkt Pst) Saliu, Abdul Rahman; Supusepa, Reimon; Fadillah, Astuti Nur
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13513

Abstract

Introduction: The law enforcement process has several stages, one of the most decisive in eradicating crime is the criminal justice system. There are several terms used in the judicial process, one of which is Justice Collaborator which is regulated in several regulations including Article 10 A paragraph (1) jo, paragraph 3 Law No. 31 of 2014 concerning PSK which in essence provides an explanation that "witnesses of perpetrators can be given awards for the testimony given in the form of: leniency in criminal sentences (covering criminal penalties, special conditional sentences, or the lightest punishment among other defense attorneys), conditional sentences , additional remissions and other compensation rights in accordance with statutory provisions for perpetrator witnesses who have driver status. Purposes of the Research: Juridically analyze the qualifications of justice collaborators in corruption crimes. Methods of the Research: The method used in this research is normative juridical using a statutory and regulatory approach and contextual approach. Results of the Research: The Justice Collaborator status given to a suspect or defendant or even a convict will have a big impact on him. One of the well-known cases of the application of Justice Collaborator was in the criminal case of bribery for the election of deputy governor of Bank Indonesia which ensnared 26 members of the people's representative council. Agus Condro, who is a criminal and Justice Collaborator, Agus Condro was sentenced to a lighter sentence than the prosecutor demanded. The judge's considerations in sentencing defendant Tommy Sumardi, who has the status of Justice Collaborator in the case of removing Djoko Tjandra's red notice status, defendant Tommy Sumardi was sentenced to prison for 2 (two) years and a fine of Rp. 100,000,000.00 (one hundred million rupiah).) subsidiary 6 (six) months in prison. Imprisonment sentences and fines are higher than those charged by the public prosecutor.
Tindak Pidana Persetubuhan Yang Dilakukan Secara Paksa Terhadap Anak (Putusan Nomor 119/Pid.B/2021/PN AMB) Wado, Riska La Ode; Sopacua, Margie Gladies; Fadillah, Astuti Nur
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12044

Abstract

This research discusses the application of material criminal law and criminal responsibility for perpetrators of criminal acts of sexual intercourse committed by force against children in this case. Purposes of The Research to analyze and discuss the application of material criminal law as well as examine and analyze criminal liability for perpetrators of criminal acts of sexual intercourse committed by force against children. Methods of The Research the research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively. Results of The Research the results of this research show that, in examining criminal cases, judges try to find and prove material truths based on the facts revealed in the trial, and stick to what is formulated in the public prosecutor's indictment. The element of unlawfulness is one of the parameters in determining personal responsibility for personal mistakes committed by the perpetrator. The perpetrator of the crime of sexual intercourse in this case has fulfilled the elements of the charges charged by the Public Prosecutor and therefore the perpetrator must be held accountable for his actions. The judge's legal considerations were in accordance with existing regulations by considering aggravating circumstances as well as mitigating circumstances based on the legal facts discovered in the trial.