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All Journal ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum Riau Law Journal Rechtsvinding
Sitorus, Nanang Tomi
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : ARBITER: Jurnal Ilmiah Magister Hukum

 1 
Pertanggungjawaban Pidana Penipuan Oleh Pengurus Koperasi Simpan Pinjam Amanah Ray Mandiri Hasibuan, Debby Kartika; Marsella, Marsella; Sitorus, Nanang Tomi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 1 (2024): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i1.2981

Abstract

Currently, the phenomenon of fraud committed by cooperatives in collecting public funds is increasingly widespread, especially in the case of Amanah Ray Mandiri savings and loan cooperative. This study aims to determine the legal provisions related to credit cooperatives in raising public funds, as well as to determine the criminal liability of the Amanah Ray Mandiri credit cooperative management based on Decision No. 1839/Pid. PN.Mdn. This research method uses normative juridical research with secondary data obtained through library research. The results showed that the criminal liability of the director of the Amanah Ray Mandiri savings and loan cooperative based on Decision No. 1839/Pid.B/2020/PN.Mdn, where the panel of judges used Article 378 of the Criminal Code to impose imprisonment on the perpetrator. Sentenced to 2 years in prison in accordance with applicable legal provisions. Law No. 17 of 2012 related to cooperatives does not regulate criminal liability that can be imposed on cooperative administrators who commit criminal acts of fraud, there are only administrative sanctions, therefore, as long as the operating law does not regulate criminal liability, the provisions in the Criminal Code (KUHP) can be applied.
Tinjauan Yuridis Pembuktian Elektronik dalam Perkara Tindak Pidana Penipuan Online Siregar, Zulkifli Anwar; Rafiqi, Rafiqi; Sitorus, Nanang Tomi
ARBITER: Jurnal Ilmiah Magister Hukum Vol 6, No 2 (2024): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v6i2.5343

Abstract

The purpose of this writing is to be able to review and analyze electronic information evidence of criminal acts of online fraud from the perspective of criminal procedural law in Indonesia.  The method used in this writing is to use a normative juridical method approach.  The problems discussed in this paper are how electronic evidence is used to prove criminal acts of fraud through online media and how electronic evidence is used for online fraud crimes based on Law no. 16 of 2019 concerning Amendments to Law no. 11 of 2008 concerning Information and electronic transactions, therefore the judge's task in his authority as a law enforcer is to interpret or interpret electronic evidence as an extension of documentary evidence or instructions which are valid evidence according to Article 184 of the Criminal Procedure Code, as regulated in Article 5 paragraphs (1) and (2) Law no. 16 of 2019 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates evidence, namely electronic information, electronic documents and printouts, as valid evidence and the expansion of evidence in criminal procedural law relating to acts criminal penalties regulated in the electronic information and transactions law.  Apart from that, to assist in interpreting and interpreting electronic evidence, judges need expert testimony in the evidentiary process. So, electronic information evidence is an extension of expert testimony and guidance evidence in accordance with Article 184 of the Criminal Procedure Code, expansion of legal evidence based on criminal procedural law. Furthermore, in Article 5 paragraph (3) of Law no. 16 of 2019 concerning Amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions, through a negative legal proof system, that proof is not based only on legal regulations, but also on the judge's belief, so the judge also needs expert information to find out the real facts regarding electronic evidence, p. This relates to article 1 points 1 and 4 of Law no. 16 of 2019 concerning Amendments to Law number 11 of 2008 concerning Information and Electronic Transactions.
Co-Authors Abdul Lawali Hasibuan Bahajjad, Omar Abdul Rahman Br Sinamo, Mellyda Udut Hasibuan, Debby Kartika khadapi, rio Marsella, Marsella Maswandi Maswandi, Maswandi Rafiqi Rafiqi, Rafiqi Siregar, Zulkifli Anwar