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All Journal Ensiklopedia Social Review Supremasi Hukum: Jurnal Penelitian Hukum
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.
Judge's Considerations in Imposing Replacement Prison Sentences in Corruption Crime Cases Sidebang, Ruth Novaulina; Simatupang, Benget Hasudungan; Sitepu, Sudirman
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.65-75

Abstract

Corruption causes financial losses to the state which results in crises in various fields. In order to suppress the growth of corruption in Indonesia, various efforts to prevent corruption are carried out. One of them is by providing an additional penalty in the form of payment of replacement money. In terms of convict does not have sufficient assets to pay replacement money, he will be punished with substitute prison whose length does not exceed a main penalty. The absence of guidelines regarding the length of substitute prison based on replacement money results in frequent disparities. This research uses empirical research methods with a non-doctrinal approach in the form of empirical studies to find theories regarding the process of occurrence and operation of law in society. The formulation of the problem in this research is how judges consider when imposing a prison sentence as a substitute for replacement money in cases of criminal acts of corruption and what policies can prevent disparity in decisions in imposing prison sentences as a substitute for Additional Crime of Substitute Money in Corruption Crime.  Based on the research results, it is known that there are no standard guidelines regarding determining the length of substitute imprisonment, while Article 8 of Perma Number 5 of 2014 concerning Additional Crime of Substitute Money in Corruption Crime only determines that the maximum imprisonment is 20 (twenty) years. So, in addition to imposing a decision, the judge must consider the juridical, philosophical and sociological aspects and be based on the judge's beliefs obtained from the beginning to the end of a case that occurred. Because there are no restrictions on the provision of imprisonment as a substitute for Additional Crime of Substitute Money, several policies are needed to reduce existing disparities.
Co-Authors Sidebang, Ruth Novaulina Sudirman SItepu