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All Journal Jurnal Akta Syntax Literate: Jurnal Ilmiah Indonesia JURNAL DOKTRIN DE LEGA LATA: Jurnal Ilmu Hukum Unes Law Review Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Pena Justisia: Media Komunikasi dan Kajian Hukum JHR (Jurnal Hukum Replik) JURNAL USM LAW REVIEW International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review Buletin Konstitusi Proceeding International Seminar of Islamic Studies Jurnal Moralita : Jurnal Pendidikan Pancasila dan Kewarganegaraan EduYustisia Jurnal Edukasi Hukum Kanun: Jurnal Ilmu Hukum jle Rechtsvinding
Nadirah, Ida
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Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Journal : JURNAL DOKTRIN

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UPAYA PEMBUKTIAN OLEH JAKSA PENUNTUT UMUM DALAM TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (ANALISIS PUTUSAN NOMOR:504/PID.B/2020/PN.SRH) Sagala, Lamhot Heryanto; Nadirah, Ida
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
Publisher : JURNAL DOKTRIN REVIEW

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The large number of criminal acts of theft occurring among Indonesian society has created a feeling of anxiety and fear of losing the property they own, therefore law enforcement efforts by the Prosecutor's Office must also be carried out seriously and professionally. The formulation of the problem is how to analyze the decision with aggravated theft in Decision Number: 504/Pid.B/2020/PN SRH, and what is the authority of the Prosecutor in trying to prove the crime of aggravated theft, as well as how to apply the law for the crime of aggravated theft in Decision Number: 504/Pid.B/2020/PN.Srh. The research method used is normative legal research. The legal provisions for the crime of aggravated theft are regulated in the provisions of Article 363 of the Criminal Code, categories of acts of theft that can be aggravated, due to the situation in which the theft is carried out, such as stealing livestock, stealing during riots, stealing at night, stealing from more than one perpetrator, and stealing by breaking into a house, and the Prosecutor's authority in trying to prove the crime of theft by aggravation, is as a functional official who is authorized by law to act as a public prosecutor and implement court decisions that have obtained permanent legal force and other authorities based on law. law, as well as the judge's consideration in the crime of theft with the aggravation of decision Number: 504/PID.B/2020/PN.SRH, that all the elements of Article 363 paragraph (1) 1st and 4th of the Criminal Code have been fulfilled and there is the Judge's confidence , then the Defendant must be declared to have been legally and convincingly proven as in the first alternative indictment. So, as a suggestion, the rules regarding criminal sanctions in the crime of theft with weights should be supplemented with compensation for losses experienced by the victim, and the prosecutor should be able to try to resolve theft cases through maximum restorative justice efforts.
UPAYA PENERAPAN DIVERSI OLEH JAKSA TERHADAP ANAK BERKONFLIK DENGAN HUKUM DI TINGKAT PENUNTUTAN (STUDI DI KEJARI SERDANG BEDAGAI) Sitinjak, Dicky Wirawan; Nadirah, Ida
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
Publisher : JURNAL DOKTRIN REVIEW

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Criminal acts committed by children are a serious problem for the government in tackling criminal acts in Indonesia, where children are the perpetrators. As previously explained in the Indonesian constitution, the State guarantees every child's right to survival, growth and development and the right to protection from violence and discrimination, as explained in the 1945 Constitution Article 28 B paragraph 2. Because children are an important element of the State. The formulation of the problem is how to regulate diversion against ABH and how the Prosecutor's efforts to implement diversion against ABH, as well as what obstacles the Serdang Bedagai District Prosecutor's Office faces in efforts to implement diversion against ABH. Normative legal research methods. Regarding the provisions for diversion against ABH, it is regulated in Law No: 11 of 2012 UUSPPA, and efforts to implement diversion by Prosecutors against ABH, are regulated in PERJA No: PER-006/A/J.A/O4/2015 concerning Guidelines for Implementing Diversion in Prosecution Level, to respond to the mandate of the UUSPPA, in particular implementing the Prosecutor's obligation to seek diversion at the prosecution level. There are two types of obstacles found in implementing diversion, namely internal obstacles, namely special children's room facilities that do not meet standards and external obstacles that come from parties who are not willing to attend diversion deliberations. So the suggestion is that there should be an update in the UUSPPA because criminal acts committed by children are increasing, making ABH prevention regulations involving schools, parents and community leaders.
PERTANGGUNGJAWABAN PIDANA MENYALAHGUNAKAN KEWENANGAN YANG MENGAKIBATKAN MERUGIKAN KEUANGAN NEGARA (ANALISIS PUTUSAN NOMOR: 85/PID. SUS-TPK/2018/PN MDN) Hasibuan, Ardiansyah; Nadirah, Ida
JURNAL DOKTRIN REVIEW Vol 2, No 2 (2023): Desember
Publisher : JURNAL DOKTRIN REVIEW

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Corruption is closely related to the abuse of authority or influence that exists in a person's position as an official which deviates from legal provisions so that these actions have harmed the State's finances. The formulation of the problem is how to criminalize abuse of authority which results in harm to the State's finances, and what criminal responsibility is in cases of criminal acts of corruption committed due to abuse of authority, as well as how judges consider in cases of criminal acts of corruption committed due to abuse of authority in case Number: 85/Pid.Sus-Tpk/2018/PN.Mdn). The research method used is normative legal research. In relation to the criminal regulation of abusing authority which results in harm to the State's finances, it is regulated in Article 3 of the Corruption Law and the criminal responsibility for corruption with the mode of abuse of authority under Article 3 of the Corruption Law must have an element of every person who has authority, so that the conditions for a person to be declared to have violated Article 3 namely that he must have the authority, position, title and consideration of the Panel of Judges in cases of criminal acts of corruption committed due to abuse of authority in case Number: 85/Pid. Sus-Tpk/2018/PN.Mdn), Defendant "AS" was not legally and convincingly proven guilty of committing a crime as in the Primair indictment, however, Defendant "AS" was declared by the Panel of Judges to be legally and convincingly proven guilty of committing the crime of "Corruption abuseof authority” as stated in the indictment of the Subsidiary Public Prosecutor. So, as a suggestion, there should be regulations established so that the Prosecutor's Office is given the authority to supervise State Officials as the Authority for Using the Budget, since they are about to make policies, so that there are no abuses of authority that result in harm to State finances.
Co-Authors Adi Mansar Agustina, Tania Aksa, Muhammad Faris Andayani, Sintia Ardiyansyah, Amzar Bangun, Revanda Dalimunthe, Surya Wahyu Danil Juni Harsya Dewi, Inggrid Kusuma Dwi Putri, Dwi Emilia, Liza Hanifah, Ida Harahap, Igor Ivannov Hasibuan, Ardiansyah Hutabalian, Maslon Kencana, Galuh Nawang Koto, Ismail Kusbianto, Kusbianto Limbong, Ferry Susanto Mirsa Astuti Muhammad Adli, Muhammad Muhammad Arifin Nasution, Putri Handayani Nugraha, Aga Rudiansyah Onny Medaline Panggabean, Ruben Perdana, Surya Ramlan Ritonga, Sahdani Sagala, Lamhot Heryanto Sahari, Alpi Saragih, Minggu Siagian, Asrul Azwar Sitinjak, Dicky Wirawan Tamaulina Br Sembiring Tarmizi Triono Eddy Verawaty, Lenny Waruwu, Khamozaro