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All Journal JURNAL HUKUM Pembaharuan Hukum Journal of Education, Humaniora and Social Sciences (JEHSS) Yustisia Merdeka : Jurnal Ilmiah Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah METADATA Jurnal Al-Hikmah Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Bulletin of Community Engagement PKM Maju UDA Al-Iqtishad
Nurita, Cut
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Religion Arts Humanities Chemistry Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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THE CORPORATE CRIMES IN DRUG MONEY LAUNDERING: CHASING PROFITS, EVADING JUSTICE? Nurita, Cut; Siregar, Gomgom TP; Jama, Ahmed Osman
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.44519

Abstract

The corporations can now be considered as subjects of criminal law in Indonesia, there is still a lack of clarity in the concept of corporate criminal liability and limited regulations governing the separation of responsibilities between corporations and their managers in criminal cases, including narcotics. The purpose of writing this research is to analyze the position of corporations as subjects of money laundering crimes in Indonesia and to analyze the criminal responsibility of corporations in money laundering crimes from the sale of narcotics. This research is legal research using normative legal research methods. The crime of money laundering in Indonesia, including that derived from the sale of narcotics, can be committed not only by individuals but also by corporations, as regulated in Law No. 8 of 2010 and Law No. 35 of 2009. Although corporations have been recognized as subjects of criminal law, there are differences in the regulations of the two laws, especially in the formulation of sanctions and the clarity of norms regarding criminal liability of corporations in cases of money laundering in the narcotics sector. The novelty of this analysis lies in the identification of regulatory differences in Law No. 8 of 2010 and Law No. 35 of 2009 regarding corporate criminal liability in cases of money laundering from the proceeds of narcotics crimes. In addition, this study highlights weaknesses in the separation of responsibilities between corporations and their managers, which have the potential to hinder the effectiveness of law enforcement.
Proses Penyidikan Tindak Pidana Perzinahan berdasarkan Pasal 284 KUHP Nurita, Cut
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 8, No 1 (2025): Journal of Education, Humaniora and Social Sciences (JEHSS), August
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jehss.v8i1.2733

Abstract

Tindak pidana perzinahan merupakan salah satu bentuk pelanggaran terhadap norma kesusilaan yang diatur dalam Pasal 284 Kitab Undang-Undang Hukum Pidana (KUHP). Pasal ini mengatur mengenai perbuatan zina yang dilakukan oleh seseorang yang telah terikat dalam hubungan perkawinan dengan orang lain yang bukan pasangannya. Penelitian ini bertujuan untuk menganalisis bagaimana proses penyidikan terhadap tindak pidana perzinahan dilakukan oleh aparat penegak hukum, serta kendala-kendala yang dihadapi dalam pelaksanaannya. Metode yang digunakan dalam penelitian ini adalah yuridis normatif dengan pendekatan perundang-undangan dan studi kasus. Hasil penelitian menunjukkan bahwa penyidikan terhadap tindak pidana perzinahan memiliki kekhususan karena bersifat delik aduan, yang hanya dapat diproses apabila ada pengaduan dari pihak yang berhak, seperti suami atau istri yang sah. Proses penyidikan seringkali menghadapi hambatan berupa pembuktian yang sulit, minimnya saksi, serta faktor budaya dan sosial yang memengaruhi keberanian korban untuk melapor. Oleh karena itu, diperlukan sinergi antara aparat penegak hukum dan masyarakat dalam menangani kasus perzinahan agar dapat menjunjung tinggi keadilan dan norma kesusilaan di masyarakat.
THE COMPARATIVE LAW ON THE CRIME OF SEXUAL VIOLENCE BETWEEN INDONESIA AND THE UNITED KINGDOM Sahlepi, Muhammad Arif; Nurita, Cut
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.35287

Abstract

The sexual violence is often experienced by women although it does not rule out the possibility that men can also experience sexual harassment. Each country has different regulations from one another regarding the definition, regulation and punishment of the Crime of Sexual Violence, as well as Indonesia and the United Kingdom. The type of research used is normative legal research or juridical normative, namely legal research based on examining library materials or secondary data materials which include research on legal norms. The purpose of this research is to analyze the legal regulation of criminal acts of sexual violence in Indonesia and legal comparison of criminal acts of sexual violence between Indonesia and the UK. So far, cases of sexual violence that mostly occur against women and children, including boys, are often just drowned and difficult to reveal. When they enter the legal process, it is not necessarily going to provide justice to victims. There are things done in the UK that Indonesia can emulate. For example, the Reynhard case came to light because at the University of Manchester there is a telephone complaint service, which offers support for victims of sexual violence or for those affected. 
The Urgency of Rehabilitation in the Utilitarian Paradigm to Punishing Narcotics Addicts Lubis, Muhammad Ridwan; Nurita, Cut; Pramana, Dian; Lubis, Diana
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.39.2.295-306

Abstract

Rehabilitation for narcotics abusers is a recovery method that needs to be carried out by prisoners who are categorized as addicts and victims of narcotics abuse. Rehabilitation is part of the use of utilitarian principles. The purpose of this research is to analyze the urgency of implementing rehabilitation for drug addicts and to analyze the rehabilitation of narcotics addicts in the utilitarian paradigm. This research is a type of normative juridical research to examine the urgency of implementing rehabilitation for narcotics addicts in a utilitarian paradigm. Even though articles regarding the implementation of rehabilitation have been regulated, enforcement of the law remains rare, creating the impression of selective logging in its implementation. Therefore, it is essential to scrutinize whether the implementation of rehabilitation for narcotics users aligns with the provisions of the Narcotics Law and the norms outlined in the relevant articles. The benefits that people with drug addiction get from rehabilitation are in the form of detoxification and social rehabilitation, which are designed to facilitate the user's reintegration into regular life, along with the following stages of treatment. Thus, regarding the benefits for the Indonesian state, providing rehabilitation for narcotics addicts is believed to be able to reduce the number of narcotics trafficking itself.
Pengembangan Sistem Pendidikan Hukum Pidana untuk Masyarakat Ridwan Lubis, Muhammad; Nurita, Cut; Lubis, Diana; Novita, Rini; Armaini Ry, Agus
Bulletin of Community Engagement Vol. 4 No. 1 (2024): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v4i1.1068

Abstract

Questioning the existence of law that lives in society in reforming criminal law is an important challenge in developing a legal system that is in accordance with changing social dynamics. In this endeavor, it is important to consider two main perspectives: juridical and theoretical. From a legal theory perspective, the position of law as it exists in society in reforming criminal law can be seen as a reflection of the interaction between existing norms in society and norms produced by formal legal institutions. This legal theory emphasizes the importance of understanding how informal norms that exist in society, such as customs, values ??and traditions, can influence the development of criminal law. In this context, the law that lives in society is not something separate or independent, but is an integral part of the formation and renewal of criminal law. This research applies a normative juridical approach with a focus on descriptive analysis. The results of this research show that there is a contribution of law that lives in society in reforming criminal law, which has strong theoretical support. This shows that in developing or updating criminal law, it is important to consider not only the norms established by formal legal institutions, but also the social realities and values ??that live in society. In addition, justification for adopting these social rules in criminal law reform can be found not only in national law, but also in international law, which shows the relevance and importance of global norms in the local context. Keywords: Development Criminal Law Education System, Criminal Law Education System
Understanding the Crime of Money Laundering in the Concept of Criminal Law in Indonesia Lubis, Muhammad Ridwan; Nurita, Cut
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4426

Abstract

Nowadays, the patterns and behaviors of Money Laundering constitute efforts to conceal or disguise the origin of money or wealth resulting from criminal activities through various financial transactions, making the money or wealth appear as if it comes from legal activities. Several common or frequent actions are taken in the process of committing money laundering to "cleanse" the proceeds of crime. Firstly, the money generated from criminal activities is transformed into a form that arouses little or no suspicion through placement into the financial system using various methods. The second step involves engaging in complex, layered, and anonymous financial transactions with the aim of separating the proceeds of crime from their source into various accounts, making it difficult to trace the origin of the funds, essentially hiding or disguising the origin of the wealth resulting from criminal activities (layering). The final step is where the perpetrator reintroduces the funds that have been obscured in their origin into legitimate wealth, whether to be enjoyed directly, invested in various forms of material or financial wealth, used to finance legitimate business activities, or to fund further criminal activities (integration).
Asas Beban Pembuktian Terbalik Terhadap Tindak Pidana Korupsi Dalam Sistem Hukum Di Indonesia Nurita, Cut
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 1 (2023): Edisi September 2023
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i1.8457

Abstract

The reverse system of evidence as regulated in as stipulated in Indonesian positive law, namely as stipulated in Law No. 31/1999 on the Eradication of Corruption. Law No. 31/1999 on the Eradication of Corruption. Then The next problem that arises is whether the application of the reversed system of evidence in proving corruption cases can prevent or prevent corruption. system in proving corruption cases can prevent or reduce and even eliminate corruption in Indonesia completely. reduce or even eliminate corruption in Indonesia completely. This research is based on the theoretical framework of Roscoe Pound argues that Law as a tool of social engineering, law as a tool of society reform. society renewal. This concept was reported by Muchtar Kusumaatmadja and adapted to the conditions of Indonesia into law as a means of social engineering. adapted to Indonesian conditions into law as a means of community renewal. society. Law must be used as a means to renew and solve all problems in society. solve all problems that exist in society, including the problem of corruption. corruption. The reverse proof system is a special rule established by the government through the issuance of the government through the issuance of the provisions of Law No. 31 of 1999, as amended by Law No. 20 of 2001 on the Eradication of Corruption. as amended in Law No. 20 of 2001 concerning the Eradication of Corruption. Corruption. Because the evidentiary system applied in corruption crimes is different from that applied in corruption crimes. corruption is different from that applied in procedural law in general. procedural law in general. Keywords: Reverse proof, criminal offense crime, corruption
THE ROLE OF THE PUBLIC PROSECUTOR AS AN IMPLEMENTER COURT DECISION IN A CASE THAT HAS BEEN PERMANENT LEGAL FORCE Nurita, Cut; Lubis, Muhammad Ridwan; Lubis, Muhammad Ansori
Jurnal Ilmiah METADATA Vol. 7 No. 3 (2025): Edition September 2025
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v7i3.926

Abstract

The implementation of a judge's decision that has permanent legal force is the most important part of the judicial process because this is where true justice is upheld . The role of the public prosecutor as the implementer of court decisions in criminal cases that have permanent legal force is to be able to carry out execution based on excerpts from court decisions. A copy of the decision or excerpt of the decision (criminal) that has been sent to the parties (defendant and prosecutor), then the excerpt of the criminal decision can be used as a basis for execution, because it contains the verdict or dictum of the decision, but the legal considerations are no longer included. The mechanism for implementing court decisions in criminal cases that have permanent legal force is that the clerk must send a copy of the decision to the prosecutor's office to be implemented by the public prosecutor. The obstacles faced by the public prosecutor in implementing court decisions in cases that have permanent legal force are the messengers who have permanent legal force but the copy of the decision has not been submitted to the prosecutor's office, the public prosecutor's efforts in facing obstacles in implementing court decisions that have permanent legal force are to coordinate with the relevant courts to immediately send a copy of the decision to the prosecutor's office.
The Settlement of Children's Cases Through Diversion: Role of Leader Community for Justice Lubis, Muhammad Ansori; Nurita, Cut; Sanni, Tajudeen
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.46436

Abstract

The prison punishment model makes law enforcement behavior only oriented towards punishment, so that the concept of diversion is only used as an option, without considering the importance of the success of its implementation, this study is expected to produce objectives to determine, analyze and study the role of the community in resolving cases of children in conflict with the law through diversion. This study used a socio-legal approach. The results of the study state that, Diversion, as part of restorative justice, aims to restore the condition of victims and perpetrators, and repair relationships damaged by criminal acts, not just to impose punishment. In addition, the issue of child criminal cases can also be resolved through non-formal mechanisms based on standard guidelines. Forms of non-formal handling can be carried out through diversion as a mediation process facilitated by law enforcement at every level. In the case of Children in Conflict with the Law, necessary to present community leaders to provide considerations for the success of diversion so that it achieves the value of justice.
Co-Authors Armaini Ry, Agus Dian Pramana Fika Puspita, Dela Gomgom TP Siregar Hendrawan, Yoni Jama, Ahmed Osman Lubis, Diana Lubis, Mhd Ansori Lubis, Mhd. Ansori Maryani, Halimatul Muhammad Ansori Muhammad Ridwan Lubis Novita, Rini Putra, Panca Sarjana Reza Nurul Ichsan Sahlepi, Muhammad Arif Sanni, Tajudeen Venny Fraya Hartin Nst