Claim Missing Document
Check
Articles

Found 15 Documents
Search

Third Party Legal Remedies Against the Decision to Confiscate Goods Not Belonging to the Defendant in A Corruption Case (Case Study of Determination Number. 01/objection/Pid.Sus-TPK/2022/PN.Plg Jo. Number. 16/Pid.Sus-TPK/2022/PN.Plg) Defriansyah*, Andrie; Yusuf, Hambali; Salia, Erli; Mahfuz, Abdul Latif
Riwayat: Educational Journal of History and Humanities Vol 6, No 4 (2023): Educational, Historical Studies and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i4.35075

Abstract

This paper examines the legal remedies that can be taken by third parties against the decision to seize goods that do not belong to the defendant in corruption cases. The focus is on objections to asset forfeiture decisions by the Palembang District Court. The method used is Normative Legal Research with a Descriptive-Analytical approach, utilizing Primary, Secondary, and Tertiary Legal Materials. Analysis is done qualitatively with deductive inference. The results show that a Good Faith Third Party can file a written objection to goods seized by the state. The owner or guardian of the goods must file an objection within two months after the verdict is pronounced. The Judge's consideration in giving the verdict is based on Supreme Court Regulation Number 2 of 2022, which regulates the procedure for resolving objections from third parties in cases of seizure of corruption assets. This research provides insight into the mechanism for protecting third party rights in the process of recovering state assets.
The Role of the Property Unit (Harda) in the Criminal Investigation Unit of the South Sumatra Police South Sumatra in Eradicating the Land Mafia in South Sumatra Mayangsari*, Riska; Yusuf, Hambali; Salia, Erli; Mahfuz, Abdul Latif
Riwayat: Educational Journal of History and Humanities Vol 6, No 4 (2023): Educational, Historical Studies and Humanities
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v6i4.34940

Abstract

This paper discusses the role of the Property Unit (HARDA) of the South Sumatra Police Criminal Investigation Unit in eradicating the existence of the land mafia in South Sumatra. The land mafia has become a serious threat to the order and justice of land ownership, resulting in legal uncertainty and harming the wider community. HARDA plays a critical role in identifying, investigating and taking legal action against perpetrators of the land mafia. Through in-depth interviews, documentation, and field data analysis, this research explores HARDA's strategies, methods, and challenges. The results showed that HARDA managed to identify and handle a number of cases effectively, but there were still obstacles in cross-sector coordination and limited resources. Recommendations were put forward to strengthen HARDA's capacity and enhance cooperation with other relevant entities to achieve more optimal results in eradicating the land mafia.
Penanggulangan Tindak Pidana Pencurian dengan Kekerasan (Curas) di Wilayah Hukum Kepolisian Resor Kota Besar Palembang Rianda, Okta; Achmad, Ruben; Yusuf, Hambali
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The incidence of robbery with violence (curas) in Indonesia remains high and fluctuating. Prevention in the Palembang Police jurisdiction combines penal and non-penal measures. Penal efforts include legal actions and deterrence through investigation and prosecution, resulting in sentences such as 1 year and 8 months of imprisonment. Non-penal strategies focus on prevention via public education, patrols, community empowerment, economic improvement, and social development. Influencing factors include legal ambiguities, limited law enforcement resources, inadequate infrastructure, low public legal awareness, fear of retaliation, lack of trust in the police, and cultural tolerance for curas. Comprehensive measures are essential for sustainable prevention.
Legal Analysis of LGBT Behavior Among TNI Soldiers: Implementation of Regulations and Their Impact on Military Discipline Nasution, Sorna Nauli; Yusuf, Hambali; Salia, Erli
Jurnal Ilmiah Galuh Justisi Vol 13, No 2 (2025): Jurnal Ilmiah Galuh Justisi
Publisher : Universitas Galuh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25157/justisi.v13i2.18929

Abstract

This study aims to analyze the criminal liability of TNI soldiers involved in Lesbian, Gay, Bisexual, and Transgender (LGBT) behavior in the context of Indonesian military law, focusing on the implementation of regulations at the Palembang I-04 Military Court. Although there is no explicit provision in the Criminal Code (KUHP) that prohibits LGBT behavior, conservative social norms in Indonesia and strict TNI internal regulations on soldier discipline can lead to violations of the ethics and morals accepted by the military institution. This study uses a qualitative approach by analyzing applicable regulations, military justice practices, and the impact of disciplinary policies on TNI soldiers involved in LGBT behavior. The results of the study indicate that TNI soldiers involved in LGBT behavior are at risk of being subject to disciplinary sanctions based on Government Regulation No. 39 of 2010 concerning Military Discipline and TNI Regulation No. 23 of 2010 concerning Mental and Ethical Development of TNI Soldiers. These sanctions can include dishonorable discharge or demotion, although there is no explicit prohibition in general criminal law. In addition, the Palembang I-04 Military Court plays a role in trying disciplinary violations that occur, by assessing whether the LGBT behavior tarnishes the image of the TNI or is contrary to the norms held by the institution. This study provides insight into the application of military law to LGBT issues in a conservative social context, as well as the importance of consistent and fair discipline enforcement in dealing with social developments in Indonesia. In addition, this study also offers recommendations for TNI internal policies to be more responsive to issues of sexual diversity, along with efforts to maintain the integrity and credibility of the institution.
Enhancing Victim Protection in Sexual Crime Cases Through a Case Analysis of Palembang District Court Decision No. 186/Pid.B/2022/PN.Plg Awansyah, Awansyah; Romli, Romli; Yusuf, Hambali
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i2.252

Abstract

This study aims to analyze Palembang District Court Decision No. 186/Pid.B/2022/PN.Plg in relation to the protection of victims’ rights in cases of sexual crimes. Victim protection within the criminal justice system is a crucial aspect that often faces various challenges in its implementation. This study employs a normative juridical research method with a case analysis approach.  The findings indicate that the court provided physical and psychological protection to the victim, as well as restitution to support recovery. However, challenges remain in ensuring the full realization of victims’ rights, particularly in terms of rehabilitation services and preventing repeat offenses. Moreover, the punishment imposed on the defendant is not always accompanied by adequate recovery measures for the victim. Therefore, the justice system must strengthen protection mechanisms by involving rehabilitation institutions and psychologists to achieve a more comprehensive and just legal framework.