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All Journal Masalah-Masalah Hukum Lex Librum: Jurnal Ilmu Hukum Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Consensus : Jurnal Ilmu Hukum Lex Stricta : Jurnal Ilmu Hukum Lex Stricta : Jurnal Ilmu Hukum Consensus : Jurnal Ilmu Hukum
Marsudi Utoyo
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kekuatan Pembuktian Alat Bukti Elektronik Berdasarkan Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Transaksi Elektronik (ITE) Taufik Iskandar; Mauluddin Mauluddin; Rudi Rudi; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

E-commerce is a trade transaction that allows buying and selling without having to meet directly between the seller and the buyer. This trading system requires a strong sense of trust between one another, between sellers and buyers. Recognition of electronic evidence as evidence that can be submitted to court and recognized as valid evidence has been carried out since 1977 through the Company Documents Act which stipulates that microfilm containing recordings of company documents can be submitted as evidence in court if it arises in the future. lawsuit. According to the Company Documents Law, electronic document evidence is part of documentary evidence, while the Corruption Law explicitly explains that electronic information and electronic documents are an extension of demonstrative evidence. Because electronic letters in the form of electronic information or electronic documents have been recognized as one of the legal means of evidence in special crimes outside the Criminal Code, parallel to the legal evidence in Article 184 of the Criminal Procedure Code, which is a new type of evidence, it is hoped that investigators, public prosecutors, advisers law and judges have an understanding of this electronic evidence. In examining criminal cases, it is hoped that the judge will impose a sentence based on two valid pieces of evidence and the judge will gain confidence that it is the defendant who is guilty of committing a crime, so the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant becomes deterrent and the community's sense of justice is fulfilled.
Analisis Yuridis Terhadap Pelaksanaan Pinjam Pakai Barang Bukti Perkara Tindak Pidana Yeni Suswita; Hery Fadlullah; Nurjannah Nurjannah; Pasten Hard; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 1 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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The court conducts an examination process known as proof. For the purposes of proof, the presence of objects involved in a crime is also very necessary. These objects are often known as "evidence". The problem in this study is how investigators are responsible for evidence. What is the Process of Borrowing and Using Evidence in Criminal Cases. The research methodology is descriptive, namely normative juridical research. The results of the investigation show that the investigator's responsibility for evidence starts from the moment the item is confiscated by the investigator, so since then if the evidence is damaged or lost, then this responsibility is the responsibility of the investigator at the investigation level. The process of borrowing and using evidence in criminal cases can be carried out by the owner of the evidence based on KAPOLRI Regulation Number 10 of 2010 concerning Procedures for Managing Evidence within the POLRI, in Chapter VI Procedures for Borrowing and Using Evidence by Owners. In conclusion, the investigator's responsibility for evidence starts from the moment the item is confiscated by the investigator, so since then if the evidence is damaged or lost and the Borrowing and Use of Evidence Process in a Criminal Case can be carried out by the owner of the evidence based on KAPOLRI Regulation Number 10 of 2010 concerning Management Procedures Evidence in the Police Environment. So that every application for borrowing evidence, the investigator can lend the evidence to the victimized party without asking for exorbitant fees. To victims or owners who want to borrow evidence to carry out the correct procedures in accordance with KAPOLRI Regulation Number 10 of 2010 to investigator superiors.
Analisis Yuridis Restorative Justice Dalam Kepastian Hukum Terhadap Anak Pelaku Tindak Pidana Annisa Fitri Arrum Melati; Syawaludin; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 2 (2023)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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This study analyzes the application of restorative justice in juvenile crime cases. This approach focuses on resolving crime through the participation of victims, perpetrators, and the community, rather than solely focusing on punishment. Many children commit crimes due to economic and social pressures. Therefore, the law requires the implementation of diversionary measures outside the legal process at every stage of a juvenile case, from investigation to trial. Diversion considers various factors, such as the type of crime, the age of the child, and environmental support. Judges act as facilitators of diversion and have the authority to examine and decide on juvenile cases. The recommendation from this study is the importance of protecting children in the criminal justice system, one of which is by continuing to promote restorative justice through diversion.
Analisis Hukum Pengawasan Pelaksanaan Tender Proyek Pemerintah Daerah Dengan Pihak Swasta Dalam Perspektif Hukum Persaingan Usaha Di Kota Palembang Zainal Abidin; Supardiansah; Syamsuddin; Marsudi Utoyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 2 No. 3 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

This study examines how supervision is carried out on local government project tenders involving private parties in Palembang City, from the perspective of business competition law. The study focuses on the role of the Regional Representative Council (DPRD) and related agencies in ensuring that the tender process is transparent, fair, and free from monopolistic practices and collusion. The study uses a normative juridical approach combined with case studies. The results indicate that although the oversight mechanisms have followed applicable regulations, there is still potential for unhealthy competition, particularly due to weak oversight during the administrative and bid evaluation stages. Therefore, it is necessary to strengthen technical regulations, enhance the competence of oversight personnel, and foster closer inter-agency collaboration to promote healthy competition and support optimal regional development.
Upaya Hukum Lembaga Pembiayaan Dalam Hal Terjadinya Pengalihan Objek Perjanjian Dalam Perjanjian Sewa Beli Kendaraan Rio Febrianto; Diah Apriana; Fauzan Pramana; Ria Wantika Sari; Daniel Christianto; Marsudi Utoyo
Consensus : Jurnal Ilmu Hukum Vol. 1 No. 1 (2022)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Currently, the lease purchase agreement in Indonesia is growing rapidly. This can be seen in everyday life because there are many people who support the agreement, especially to meet its secondary needs. In a rental agreement to buy a vehicle, as one of the types of an unnamed agreement, the legal effort of the funding agency in respect of the transfer of the object of the agreement. It is a normative jurisprudence that only looks at library material or secondary data that can include primary, secondary, or tertiary legal material. The legal effort that a creditor may make, as regulated in article 1243 of the Code of Civil Procedure, relates to the creditor's right to claim damages for the default of the debtor. In addition, in accordance with the provisions listed in the agreement of Article 6a paragraph (4) mentioned above, and in conformity with Article 1266 of the Code of Procedure, the creditor may also cancel the agreements. The creditor may also steal the vehicle which is the object of the agreement; in this case, the debtor must surrender the vehicle. In accordance with Section 30 of the Trust Guarantee Act No. 42 of 1999.
Co-Authors Annisa Fitri Arrum Melati Chatarina Umbul Wahyuni Daniel Christianto Diah Apriana Fauzan Pramana Firman Freaddy Busroh Herman Fikri Hery Fadlullah Mauluddin Mauluddin Muhammad Johan Aria Putra Muryanto Muryanto Nurjannah Nurjannah Pasten Hard Rabik Rabik Redho Junaidi Ria Wantika Sari Rianda Riviyusnita Rio Febrianto Rio Febrianto Rudi Rudi Salsabila, Unik Hanifah Supardiansah Sutanto Sutanto Syamsuddin Syawaludin Taufik Iskandar Yeni Suswita Zainal Abidin