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Kepastian Kewenangan Penegakan Hukum Terhadap Advokat yang Obstraction Of Justice Tindak Pidana Korupsi di Indonesia
Iswandy Rani Saputra
Jurnal Restorative Justice Vol 5 No 1 (2021): Jurnal Restorative Justice
Publisher : Musamus University
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DOI: 10.35724/jrj.v5i1.3469
The purpose of this study is to determine the application of law to lawyers who obstruct and obstruct the course of the investigation process in corruption cases and to find out the limitations of Advocate immunity rights contained in Law number 18 of 2003 concerning Advocates in carrying out their profession as a law enforcer. This study uses a case-related approach from the cases studied, both from talks in the media and from the facts of the trial and a normative juridical approach. The results of this study indicate that there are two criminal rules governing lawyers who obstruct and obstruct the course of the investigation process in corruption cases, namely in article 216 of the Criminal Code and Article 21 of the Corruption Crime Law, investigations, investigations and charges made by the KPK in cases. Advocates who obstruct and obstruct the proceeding of the examination should be null and void if based on statutory regulations and jurisprudence of the Supreme Court's ruling on general criminal charges. thus, advocates have the right to immunity as stated in article 16 of the Advocate Law.
Pembelaan Diri Kepolisian Terhadap Pelaku Kejahatan yang Melakukan Perlawanan
Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business
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This research was conducted to find out how police discretion forms against criminals who resist and to find out how the Indonesian National Police carry out the factors that influence police discretion. The type of research used in this research is normative and empirical research. Normative research is an approach that is carried out by analyzing applicable laws, theories, and written concepts related to the problems to be studied. In contrast, empirical research is research carried out with field data as the primary data source, such as the results of interviews and observations. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority. Still, police actions must be accounted for based on applicable laws and norms and the factors that cause police discretion to be exercised. Namely, the perpetrators do not heed the appeals of members in the field, such as warning shots and calls to surrender, or the perpetrators put up resistance against members of the community or the community. who was at the scene.
Kepastian Kewenangan Penegakan Hukum Terhadap Advokat yang Obstraction Of Justice Tindak Pidana Korupsi di Indonesia
Iswandy Rani Saputra
Jurnal Restorative Justice Vol 5 No 1 (2021): Jurnal Restorative Justice
Publisher : Musamus University
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DOI: 10.35724/jrj.v5i1.3469
The purpose of this study is to determine the application of law to lawyers who obstruct and obstruct the course of the investigation process in corruption cases and to find out the limitations of Advocate immunity rights contained in Law number 18 of 2003 concerning Advocates in carrying out their profession as a law enforcer. This study uses a case-related approach from the cases studied, both from talks in the media and from the facts of the trial and a normative juridical approach. The results of this study indicate that there are two criminal rules governing lawyers who obstruct and obstruct the course of the investigation process in corruption cases, namely in article 216 of the Criminal Code and Article 21 of the Corruption Crime Law, investigations, investigations and charges made by the KPK in cases. Advocates who obstruct and obstruct the proceeding of the examination should be null and void if based on statutory regulations and jurisprudence of the Supreme Court's ruling on general criminal charges. thus, advocates have the right to immunity as stated in article 16 of the Advocate Law.
Kekerasan Dalam Rumah Tangga dalam Perspektif Hukum Pidana
Muhammad Darwis;
Iswandy Rani Saputra;
Ali Ichsan Kiramang
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business
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This research was conducted with the aim of knowing the forms of domestic violence that are regulated in Law Number 23 of 2004 concerning Domestic Violence. And to find out the factors behind the occurrence of domestic violence in Parepare City throughout 2021-2022. The type of research used in this research is normative and empirical research or what is commonly known as legal research which combines the two. The research results show that forms of domestic violence are in the form of physical violence, namely beatings, kicking, and also encouragement by husbands to wives and also psychological violence that is carried out by saying words that should not be appropriate to say to a wife. These words can be in the form of dirty words, swearing and also speak using a high tone and it is more appropriate to say it by shouting at the wife. As well as the factors behind the occurrence of domestic violence in are individual factors, family factors. As well as community factors consisting of poverty.
Kajian Yuridis Diskresi Kepolisian Dalam Hal Pembelaan Diri Terhadap Pelaku Kejahatan
Herman Herman;
Patahillah Asba;
Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business
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This research was conducted to find out how the use of police discretion against criminals who resisted and to find out what factors influenced the police's discretionary action taken by the police in the Pinrang district. The type of research used in this research is normative and empirical research. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority, but police actions that must be accounted for based on applicable laws and norms as well as the factors that cause police discretion to be exercised, namely the perpetrators do not heed the appeals of members in the field such as warning shots and calls for surrender or the perpetrators put up resistance against members or the public. that's there.
Pembelaan Diri Terhadap Pelaku Kejahatan: Telaah Yuridis Terkini atas Diskresi Kepolisian
Herman Herman;
Patahillah Asba;
Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 11 No 2 (2024): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business
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This research was conducted to find out how the use of police discretion against criminals who resisted and to find out what factors influenced the police's discretionary action taken by the police in the Pinrang district. The type of research used in this research is normative and empirical research. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority, but police actions that must be accounted for based on applicable laws and norms as well as the factors that cause police discretion to be exercised, namely the perpetrators do not heed the appeals of members in the field such as warning shots and calls for surrender or the perpetrators put up resistance against members or the public. that's there.
Urgensi Criminal Liability dalam Rangka Pembaharuan Punishment System Criminal of Law
Herman Balla;
Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business
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The Criminal Code (KUHP) is not in accordance with the values prevailing in society. Guidelines in the formulation of crimes are currently only concerned with the provisions of criminal acts and mistakes without including the purpose and principles of punishment. This article aims to determine the urgency of the purpose and guidelines for criminalization to be formulated / formulated in the Criminal Code, and to analyze how the objectives and guidelines for punishment are formulated and integrated in the reform of the criminal system in the future. This article uses a normative juridical approach with a statutory and conceptual approach. The results of the study show the urgency of the objectives and guidelines for punishment due to the problems associated with the aging of the Criminal Code at this time and the development of problems that arise in the midst of public life and criminal guidelines are the basic provisions that give direction, which determine in the imposition of a criminal. instructions for judges in applying and imposing crimes. In the future the welfare and protection of the community can be realized and as a guarantor there is no decrease in the degree of humanity / dehumanization in the implementation of crimes
Implementasi Kebijakan Pelayanan Kesehatan Pada Masyarakat Miskin di Puskesmas Sudiang Kota Makassar Tahun 2024
Amiruddin, Andi Rezky Aulia;
Batara, Andi Surahman;
Sididi, Mansur;
Saputra, Iswandy Rani
Idea Pengabdian Masyarakat Vol. 4 No. 03 (2024): September
Publisher : PT.Mantaya Idea Batara
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DOI: 10.53690/ipm.v4i03.301
Masyarakat miskin seringkali tidak mampu memenuhi kebutuhan dasar seperti makanan dan tempat tinggal karena pendapatannya yang kurang mencukupi. Mereka juga sering menghadapi kendala dalam akses terhadap pendidikan dan layanan kesehatan, serta mengalami ketidaksetaraan sosial ekonomi. Dalam hal ini, Puskesmas Sudiang memberikan keringanan biaya untuk layanan kesehatan dasar kepada masyarakat yang kurang mampu dengan syarat menggunakan Kartu Identitas Diri dan Surat Keterangan Tidak Mampu (SKTM) berdasarkan Perda Kota Makassar No. 1 Tahun 2024 Tentang Pajak Daerah dan Retribusi Daerah. Tujuan dari penelitian ini untuk mengetahui Implementasi Kebijakan Pelayanan Kesehatan pada Masyarakat Miskin di Puskesmas Sudiang Kota Makassar. Penelitian ini menggunakan penelitian kualitatif dengan pendekatan deskriptif. Prosedur penelitian menghasilkan data-data deskriptif berupa kata-kata tertulis atau lisan dari individu, sekelompok orang, dan perilaku yang dapat diamati. Hasil penelitian menunjukkan bahwa komunikasi, sumber daya, disposisi, dan struktur birokrasi merupakan empat aspek penting dalam penyelenggaraan layanan kesehatan di Puskesmas Sudiang, khususnya dalam kebijakan pelayanan kesehatan untuk masyarakat miskin. Namun, sumber daya manusia dan disposisi petugas kepada pasien masih perlu ditingkatkan lagi agar pasien merasa puas dengan pelayanan yang diberikan.
Urgensi Olah Tempat Kejadian Perkara Dalam Proses Pembuktian
Muhammad Jasman;
Patahillah Asba;
Iswandy Rani Saputra
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business
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This research was carried out with the aim of carrying out the collection of evidence at the crime scene in the investigation process and finding out the function of the crime scene (TKP) in the investigation. The type of research used in this research is normative and empirical research or what is usually legal research which combines the two. The results of the study show that evidence and evidence are very important for the investigation process carried out by the Pinrang Police investigators. Evidence and evidence can usually be found at the crime scene. The implementation of the collection of evidence and evidence at the crime scene carried out by the Semarang Polrestabes was in accordance with the procedures and regulations currently in force. As well as the function of processing the scene of a case in an investigation is to determine whether an event suspected of being a crime is a crime or not; clarify who is the perpetrator of the crime that occurred; and seek and collect evidence at the scene of the incident for the benefit of further investigation.
Kajian Yuridis Terhadap Tindakan Pencemaran Nama Baik
Aftar Akbar;
Khaerul Mannan;
Iswandy Rani Saputra
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business
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This study aims to find out about the application of criminal law in Decision No.219/Pid.Sus/2019/Pn.Pre and also to find out about the legal considerations of judges in imposing Decision No.219/Pid.Sus/2019/Pn.Pre. The type of research to be carried out is the normative approach method. The normative approach or commonly referred to as doctrinal research is an approach that is carried out by means of regulations reviewing literary materials such as legislation, theories, and legal principles related to the problem being tested. The application of the criminal law for defamation based on the Decision of the Parepare District Court No.219/Pid.Sus/2019/PN.Pre which states that the prosecution of the public prosecutor is unacceptable and the Defendant is immediately released from Detention is correct and appropriate based on applicable law. Furthermore, the legal considerations of the case judge No.219/Pid.Sus/2019/PN.Pre stated that the phrase in Article 319 of the Criminal Code, namely "except under Article 316" was declared contrary to the 1945 Constitution of the Republic of Indonesia and has no force. legally binding. So the consequence is that every government official or state official who feels insulted or defamed must report the offense himself. It is appropriate according to law and in line with the decision of the constitutional court No.31/PUU-XIII/2015. As a suggestion, it is hoped that investigators from the police are not in a hurry to determine someone who is being reported to be named a suspect and the prosecutor's office as a research prosecutor and at the same time acts as a public prosecutor to be careful and thorough in declaring a case to be complete and it is also hoped that the police and the Attorney General's Office to study more deeply about the application of the criminal complaint law so that in the future there will be no community members who feel disadvantaged due to an error in the application of the law and carefully consider taking measures to restrain the suspect/defendant.