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Indra Ariska, Dudung
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PERLINDUNGAN TERHADAP PELAKU TINDAK PIDANA PADA TINGKAT PENYIDIKAN DIKAITKAN DENGAN PASAL 54 KUHAP MENGENAI BANTUAN HUKUM Indra Ariska, Dudung
Yustitia Vol 2 No 9 (2015): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v2i9.10

Abstract

The suspect or defendant who has entered into the courts and in every examination is subjected to inspection, it is not as an object of inspection. Akusator principle emphasized that the object of the examination was a mistake (a criminal offense), allegedly committed by the suspect or the accused. So that the principle of presumption of innocence (Presumption of innocent) adopted in the Criminal Procedure Code should really be a guide law enforcement officials to use the principle of akusator in every examination. Criminal suspects who later in the investigation process under pressure, threats or physical violence in the part of investigators to the suspects confessed that actually did not do it. Obviously it is the deprivation of rights of the accused are actually treated badly as legal subjects
POLITIK HUKUM DAN SISTEM PEMBANGUNAN HUKUM PIDANA INDONESIA Indra Ariska, Dudung; Arifin, Jajang
Yustitia Vol 3 No 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.32

Abstract

The development of Indonesian law is an actualization of the existence of a state of law (the Rule of Law) and also it is an effort to build a quality of Indonesian people, where development of this law will not be separated from the role of political law that gives the direction of our legal system will run. Development should not ignore changes of law in the structure of society and the changing times. Therefore a good law is a law that can respond to the needs of society, therefore the law can also be referred to as a means of social engineering (law as a tool of social engineering) In the implementation of the formation of draft laws to be made, not only should observe the policies of the law, will but it is also very important to note in this case forming elements of a draft law, which the constituent elements are matters relating to the principles of both the formal principle that is the form of the draft legislation and the principles of materiel concerning the content or substance of the bill and then the foundations up to the charge of material that will be described in the draft legislation. Thus benefit from the establishment of these laws can be felt by the entire people of Indonesia, also in this case do not ignore this aspect of the rule of law itself, which is a function of the formation of a statute.
IMPLEMENTASI PENEGAKAN KETENTUAN PIDANA TERHADAP PELANGGARAN HAK KEKAYAAN INTELEKTUAL REGIM HAK CIPTA Indra Ariska, Dudung
Yustitia Vol 4 No 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.36

Abstract

Indonesia as an archipelago has a very rich diversity of cultural arts. This is in line with the diversity of ethnicity, trabs and religion as a whole is a national potential which needs to be protected. After the enactment of Law No. 19 of 2002, the creators in the field of literature and science received legal protection so that it is no longer turned off the creativity of its employees. Normatively, if there is piracy, the sanctions imposed are very severe, namely a seven-year prison sentence and / or a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In fact, piracy is still ongoing. The current development of piracy is due to law enforcement carried out by law enforcement officers in this case the police are not carried out thoroughly and thoroughly, or in other words run half-heartedly so that there is no single case of piracy in the film sector that can be used as jurisprudence
PEMBAYARAN UANG PENGGANTI DAN APLIKASINYA DALAM TINDAK PIDANA KORUPSI Indra Ariska, Dudung
Yustitia Vol 4 No 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.43

Abstract

Currently, the issue which is becoming a very big problem is the Corruption Crime. Both corruption carried out openly or clandestinely are all crimes that are very detrimental to society and the State. State losses in corruption are one of the elements that must be proven by the Public Prosecutor, especially for the proven state losses. Corruption Crime also recognizes the efforts of the perpetrators to return the corrupt money to the state. The case of returning the results of corruption to the state as a remedy for the Defendant in freeing himself from the snare of corruption charges. Payment of this substitute money should not exceed the amount of money which was corrupted, so it is expected that the lost state finances can be returned. However, it is not easy to get a replacement payment, since the problems that will be found in practice are very diverse in their problems, even if the money from corruption needs to be found, it must be traced in advance.
PEMBAHARUAAN HUKUM SISTEM PERADILAN PIDANA DALAM RUU KUHAP Indra Ariska, Dudung
Yustitia Vol 5 No 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.60

Abstract

More than thirty years of the Penal Procedure Code are implemented in Indonesia. Law No. 8 of 1981 concerning the criminal procedural law in the beginning was seen as a "great work" of the Indonesian people for respecting human rights in general, and especially for those involved in criminal cases. However, now the Penal Procedure Code is deemed no longer in line with "changes in the constitutional system and legal developments in the community so that it needs to be replaced with a new penal procedural law" (consideration of " the letter c" of the Penal Procedure Code). In the general explanation of the Penal Procedure Code (KUHAP), a number of indicators were put forward which showed that the Penal Procedure Code was outdated
POLITIK HUKUM DAN SISTEM PEMBANGUNAN HUKUM PIDANA INDONESIA Indra Ariska, Dudung; Arifin, Jajang
Yustitia Vol. 3 No. 1 (2017): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v3i1.32

Abstract

The development of Indonesian law is an actualization of the existence of a state of law (the Rule of Law) and also it is an effort to build a quality of Indonesian people, where development of this law will not be separated from the role of political law that gives the direction of our legal system will run. Development should not ignore changes of law in the structure of society and the changing times. Therefore a good law is a law that can respond to the needs of society, therefore the law can also be referred to as a means of social engineering (law as a tool of social engineering) In the implementation of the formation of draft laws to be made, not only should observe the policies of the law, will but it is also very important to note in this case forming elements of a draft law, which the constituent elements are matters relating to the principles of both the formal principle that is the form of the draft legislation and the principles of materiel concerning the content or substance of the bill and then the foundations up to the charge of material that will be described in the draft legislation. Thus benefit from the establishment of these laws can be felt by the entire people of Indonesia, also in this case do not ignore this aspect of the rule of law itself, which is a function of the formation of a statute.
IMPLEMENTASI PENEGAKAN KETENTUAN PIDANA TERHADAP PELANGGARAN HAK KEKAYAAN INTELEKTUAL REGIM HAK CIPTA Indra Ariska, Dudung
Yustitia Vol. 4 No. 1 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i1.36

Abstract

Indonesia as an archipelago has a very rich diversity of cultural arts. This is in line with the diversity of ethnicity, trabs and religion as a whole is a national potential which needs to be protected. After the enactment of Law No. 19 of 2002, the creators in the field of literature and science received legal protection so that it is no longer turned off the creativity of its employees. Normatively, if there is piracy, the sanctions imposed are very severe, namely a seven-year prison sentence and / or a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). In fact, piracy is still ongoing. The current development of piracy is due to law enforcement carried out by law enforcement officers in this case the police are not carried out thoroughly and thoroughly, or in other words run half-heartedly so that there is no single case of piracy in the film sector that can be used as jurisprudence
PEMBAYARAN UANG PENGGANTI DAN APLIKASINYA DALAM TINDAK PIDANA KORUPSI Indra Ariska, Dudung
Yustitia Vol. 4 No. 2 (2018): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v4i2.43

Abstract

Currently, the issue which is becoming a very big problem is the Corruption Crime. Both corruption carried out openly or clandestinely are all crimes that are very detrimental to society and the State. State losses in corruption are one of the elements that must be proven by the Public Prosecutor, especially for the proven state losses. Corruption Crime also recognizes the efforts of the perpetrators to return the corrupt money to the state. The case of returning the results of corruption to the state as a remedy for the Defendant in freeing himself from the snare of corruption charges. Payment of this substitute money should not exceed the amount of money which was corrupted, so it is expected that the lost state finances can be returned. However, it is not easy to get a replacement payment, since the problems that will be found in practice are very diverse in their problems, even if the money from corruption needs to be found, it must be traced in advance.
PEMBAHARUAAN HUKUM SISTEM PERADILAN PIDANA DALAM RUU KUHAP Indra Ariska, Dudung
Yustitia Vol. 5 No. 1 (2019): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v5i1.60

Abstract

More than thirty years of the Penal Procedure Code are implemented in Indonesia. Law No. 8 of 1981 concerning the criminal procedural law in the beginning was seen as a "great work" of the Indonesian people for respecting human rights in general, and especially for those involved in criminal cases. However, now the Penal Procedure Code is deemed no longer in line with "changes in the constitutional system and legal developments in the community so that it needs to be replaced with a new penal procedural law" (consideration of " the letter c" of the Penal Procedure Code). In the general explanation of the Penal Procedure Code (KUHAP), a number of indicators were put forward which showed that the Penal Procedure Code was outdated
PERLINDUNGAN TERHADAP PELAKU TINDAK PIDANA PADA TINGKAT PENYIDIKAN DIKAITKAN DENGAN PASAL 54 KUHAP MENGENAI BANTUAN HUKUM Indra Ariska, Dudung
Yustitia Vol. 2 No. 9 (2015): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v2i9.10

Abstract

The suspect or defendant who has entered into the courts and in every examination is subjected to inspection, it is not as an object of inspection. Akusator principle emphasized that the object of the examination was a mistake (a criminal offense), allegedly committed by the suspect or the accused. So that the principle of presumption of innocence (Presumption of innocent) adopted in the Criminal Procedure Code should really be a guide law enforcement officials to use the principle of akusator in every examination. Criminal suspects who later in the investigation process under pressure, threats or physical violence in the part of investigators to the suspects confessed that actually did not do it. Obviously it is the deprivation of rights of the accused are actually treated badly as legal subjects