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All Journal Ensiklopedia Social Review University Of Bengkulu Law Journal
Simatupang, Benget Hasudungan
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ALAT BUKTI KETERANGAN AHLI HUKUM PIDANA DALAM PROSES PEMERIKSAAN PERKARA PIDANA Simatupang, Benget Hasudungan
Ensiklopedia Sosial Review Vol 2, No 3 (2020): Volume 2 No 3 Oktober 2020
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v2i3.637

Abstract

In the process of examining criminal cases such as corruption cases, the existence of a criminal law expert’s statement makes pro and contra, so that is very necessary to do a comprehensive research in the existence of expert criminal law statements. For this reason, the authors are interested in discussing the existence of statement of criminal law experts as one of the evidence in a criminal case. The problem in this research is what are the qualifications of a person to be able to ask for expert criminal law statement to be used as evidence in the trial of a criminal case. This research is a normative juridical legal research with norms approach method and case approach. The results of this research are the qualifications of someone who can provide expert criminal law statement as evidence in the trial of a criminal case is someone who has special expertise regarding knowledge and experience in the field of criminal law. The Criminal Procedure Code (KUHAP) does not provide a limitation on experts and only mentions a person who has special expertise, so that a criminal law expert can be categorized as an expert and the information given can be one of the evidence in court.
HAK RESTITUSI BAGI ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL Simatupang, Benget Hasudungan; Clarita William; Sudirman Sitepu; Pipi Susanti
University Of Bengkulu Law Journal Vol. 8 No. 1 (2023): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.8.1.68-78

Abstract

Restitution arrangements are still lacking in terms of fulfilling the rights of victims of criminal acts. It is necessary to study the application for the right of restitution given to children as victims of criminal acts of violence and the legal consequences of restitution not being paid by the perpetrators. This study uses a type of normative research. The collection of legal materials was carried out using literature study techniques and analyzed using descriptive analysis. Government Regulation Number 43 of 2017 does not regulate coercion if the perpetrator is unable to carry out restitution, so there is no guarantee that restitution can be paid to a child as a victim of a crime. Therefore, this causes no certainty for children who are victims of criminal acts to receive restitution and imposition of sanctions against perpetrators of criminal acts who do not pay restitution in accordance with court decisions that have permanent legal force. Restitution in Law Number 12 of 2022 concerning Crimes of Sexual Violence emphasizes that in the event that the confiscated assets of the convict are not sufficient to pay restitution, the convict will be subject to a replacement prison sentence which does not exceed the threat of the principal sentence. The state then provides victim compensation.
Co-Authors Clarita William Pipi Susanti Sudirman Sitepu