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Purba, Nelvita
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Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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THE ROLE OF POLICE PERSONNEL IN BANK SECURITY AS A CERTAIN VITAL OBJECT IN MAINTAINING STATE ASSETS AND THREATS TO SECURITY DISORDERS IN THE LAW OF THE SOUTH ACEH POLRES Arianto, Khusmaidi; Marlina, Marlina; Purba, Nelvita
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
Publisher : LPPM YPITI

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In the midst of the escalation of security threats to vital objects, both Obvitnas and certain vital objects, precisely the security forces placed at each bank as certain vital objects are security units (Security Guard). Of course this is not in accordance with the implementation of the main tasks of the National Police in maintaining public order and security. The reality, it can be seen that most of the banking institutions are guarded by the Security Unit (Security Guard). The problem in this research is how is the authority arrangement of the National Police personnel in securing the Bank as a certain vital object? What is the role of Southeast Aceh Regional Police personnel in securing banks as certain vital objects in the Southeast Aceh Regional Police? What are the obstacles in the implementation of the role of South Aceh Regional Police personnel in securing banks as certain vital objects in the South Aceh Regional Police? This type of research is empirical juridical research, while the nature of the study is descriptive analysis. This research uses several approaches, namely the law and conceptual approach. The research data consisted of primary and secondary data sources. The data analysis used in this study is qualitative data analysis. Based on the results of the study, the organizer of securing the Bank as a certain vital object becomes the authority of the Regional Police Chief or is at the Regional Police level (in this case the Aceh Regional Police). Southeast Aceh Regional Police, do not have the authority to provide security services and/or provide security management system services to banks as managers of certain vital objects. Aceh Tenggara Police officers as members of the National Police in the jurisdiction of the Aceh Regional Police can be placed at certain banks to provide security services. Obstacles in the implementation of the role of personnel of the Southeast Aceh Regional Police in securing banks as certain vital objects in the Southeast Aceh Regional Police, which lie in the legal substance, legal structure and legal culture.
CORRUPTION PREVENTION AND MANAGEMENT TAKEN BY REGIONAL HEAD IN ISLAMIC CRIMINAL LAW PERSPECTIVE Misnan, Misnan; Purba, Nelvita; Mustamam, Mustamam
Jurnal Ilmiah METADATA Vol. 3 No. 1 (2021): Edisi bulan Januari 2021
Publisher : LPPM YPITI

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Studies of corruption in the perspective of religion are still very limited. Whereas in the Islamic legal treasury there are various references to the problem of corruption that can be used as references or material for reflection that can be used as a basis in conducting policies to combat corruption. In the Qur'an and Sunnah there are so many relevant propositions regarding corruption, which can be used as the main source of law in formulating criminal acts of corruption and their mitigation efforts. The problem in this study, namely regarding how the qualifications of acts of corruption in the perspective of Islamic criminal law? What is the criminal sanction for each qualification of acts in a criminal act of corruption according to Islamic criminal law? What are the efforts and obstacles in preventing and overcoming corruption by the regions in the perspective of Islamic criminal law ?. The type of this research is normative juridical research. The data analysis used in this study is qualitative data analysis. Based on the results of the study, corruption in the perspective of Islamic law is qualified as jarimah ta’zir. In jinayah fiqh, several acts that are identical with corruption are identified in 4 (four) types, namely ghulu, risywah, betrayal and ghasab. Corruption is a criminal offense that is classified in jarimah ta'zir, so the forms, sanctions or penalties to be applied, and the execution of the punishment are left entirely to the government or the authorities. The government is given the freedom to determine the forms of their fingerprints and sanctions according to the benefit to be achieved. Efforts to prevent and eradicate corruption in the perspective of Islamic criminal law are carried out with three strategies, namely: prevention, deductive and refressive strategies.
PERBUATAN MENJANJIKAN PENGHENTIAN PENYIDIKAN OLEH OKNUM POLRI DALAM PENANGANAN SUATU PERKARA DALAM PERPEKTIF UNDANG-UNDANG NO. 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI (Studi Putusan Pengadilan Nomor 01/Pid. Sus/2017PN. Mdn) Simamora, Hasiholan; Purba, Nelvita; Arif Sahlepi, Muhammad
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
Publisher : LPPM YPITI

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The crime of corruption is an extraordinary crime because it is systemic, endemic with a very wide impact which not only harms the state's finances, but also violates the social rights and economic rights of the wider community so that its action needs special efforts. The formulation of the problem in this thesis is how to regulate corruption offenses in Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, how to qualify offenses and sanctions related to the act of promising to stop case investigations by police officers in the decision Number 01/Pid. Sus/2017/PN. Mdn, what is the basis for the judge's consideration in making a decision against the defendant in the decision Number 01/Pid. Sus/2017/PN. Mdn. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the provisions governing the crime of Corruption Crimes in Indonesia are regulated in Law Number 20 of 2001 concerning the Eradication of Corruption Crimes in conjunction with Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Qualification of offenses and sanctions related to the act of promising to stop the investigation of cases by police officers in decision Number 01/Pid Sus/2017/PN. Mdn is a defendant who has been legally and convincingly proven to have committed a criminal act of corruption. The basis for the judge's consideration in making a decision against the defendant is in the decision Number 01/Pid. Sus/PN. Mdn is based on legal considerations, the element of receiving a gift or promise has been proven and fulfilled convincingly guilty of committing a criminal act of corruption.
ANALISIS YURIDIS HUKUMAN PIDANA KUMULATIF KURIR NARKOTIKA DITINJAU DARI UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (Analisis Putusan Mahkamah Agung Nomor 910 K/Pid.Sus/2020) Nurza Ismam, Riza Fauzi; Purba, Nelvita; Akhyar, Adil
Jurnal Ilmiah METADATA Vol. 3 No. 2 (2021): Edisi Bulan Mei 2021
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Imposing a person who has committed a criminal act is a very important part of realizing the criminal justice system. The formulation of the problem in this thesis is how the provisions of the cumulative criminal law in life imprisonment and fines for narcotics couriers who commit evil conspiracy (samenspanning), how to apply cumulative criminal sanctions to life imprisonment and fines for narcotics couriers who commit criminal conspiracy (samenspanning), how to consider judges in verifying narcotics couriers as perpetrators of criminal conspiracy (samenspanning) in narcotics crimes in the Supreme Court decision Number 910 K / Pid.Sus / 2020. This type of research is juridical normative, namely research based on law. The data analysis was carried out qualitatively, which is a form of analysis that does not rely on numbers but on sentences. The conclusion in this paper is carried out using deductive-inductive thinking logic, which is done with the theory used as a starting point for conducting research. The results showed that the cumulative criminal law arrangements for life imprisonment and fines for narcotics couriers who commit criminal conspiracy (samenspanning) are regulated in Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) of Law of the Republic of Indonesia No. 35 of 2009 concerning Narcotics, namely a criminal act of conspiracy without rights or against the law of planting, maintaining. The application of cumulative criminal sanctions in life imprisonment and fines for narcotics couriers who commit evil consensus (samenspanning) is in accordance with the decision of the Stabat District Court, namely Defendant I was sentenced to life imprisonment but at the level of cassation filed by Defendant II, the sentence against Defendant II was changed to 12 years imprisonment and a fine because Defendant II was only a courier, not a narcotics owner in this case. The judge's consideration in verifying the narcotics courier as the perpetrator of a criminal conspiracy (samenspanning) in the narcotics crime was because there was no justification and excuse for the act committed by the defendant.
Co-Authors Adil Akhyar Arianto, Khusmaidi Arif Sahlepi, Muhammad Marlina Marlina Misnan, Misnan Mustamam, Mustamam Nurza Ismam, Riza Fauzi Simamora, Hasiholan