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All Journal Literatus LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan MALA IN SE : JURNAL HUKUM PIDANA, KRIMINOLOGI DAN VIKTIMOLOGI PESHUM Indonesian Journal of Research in Islamic Studies
Gultom, Potler
Unknown Affiliation
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PENYELESAIAN SENGKETA TANAH ANTARA PEMERINTAH REPUBLIK INDONESIA C.Q TENTARA NASIONAL INDONESIA ANGKATAN UDARA DENGAN MASYARAKAT ADAT DI WILAYAH KABUPATEN MOROTAI MALUKU UTARA Windardi, Ichsan Ahmad; Sudarto, Sudarto; Gultom, Potler
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1706

Abstract

Land is an asset that has an important meaning for every individual in society. Apart from having economic value that can be reserved as a source of human life support in the future, land also contains spiritual aspects in the environment and its survival. Land is a place of settlement, a place to carry out human activities, even after death it still needs land. Land in the plains of Indonesia is a source of livelihood for the community and income for those who earn income from agriculture. In the political aspect, land is the place, boundary, and location of the jurisdiction of the Indonesian population, while from the social aspect, land is a space for good relations between fellow Indonesians. The holder of the right to the surface of the earth (Landowner) is given the right to do something about the land that legally belongs to him. The term something that can, must or is prohibited to be done is the content of the right of the ruler. This is the criterion or benchmark for distinguishing between land tenure rights which are then regulated in land law or land regulations. The existing land regulations in Indonesia are regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (hereinafter shortened to (UUPA)), providing affirmation of arrangements related to the surface of the earth in a juridical sense called land tenure rights. Land tenure includes the relationship between individuals, (individuals) legal entities, or communities as a collectivity with land that is haki resulting in the birth of rights and obligations. Agrarian land conflicts still often occur in various regions in Indonesia, especially on the issue of natural resource management with the assumption of increasing economic growth. Land issues between land rights holders dealing with the ruling government tend to change as a result of the ever-changing land configuration, resulting in a clash of interests that continues to grow so that a dispute resolution approach is needed that can provide justice and legal certainty for the community. This also happened in the eastern border area of Indonesia, namely Morotai Island Regency, North Maluku Province.
Peran Amicus Curiae pada Putusan Hakim Terhadap Justice Collaborator dalam Perkara Tindak Pidana Pembunuhan Berencana Tombokan, Nevri Berti; Gultom, Potler; Sudarto, Sudarto
LITERATUS Vol 6 No 2 (2024): Jurnal Ilmiah Internasional Sosial Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v6i2.1709

Abstract

Amicus Curiae is limited to providing opinions, and not taking action. The practice of amicus curiae is actually commonly used in countries that use the Common Law system and not the Civil Law system adopted by Indonesia. However, this does not mean that this practice has never been applied or practiced in Indonesia. In the Indonesian judiciary, amicus curiae has not been clearly regulated, but the legal basis for accepting the concept of amicus curiae in Indonesia is Article 5 Paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. Therefore, it is interesting to examine the role of the amicus curiae in the judge's decision regarding the justice collaborator in the criminal case of premeditated murder. To answer these problems, normative legal research methods (normative juridical) are used with a statutory approach, case approach, conceptual approach and comparative approach, using secondary data obtained from primary, secondary and tertiary legal material sources. In this research, the role of the amicus curiae in the judge's decision on the justice collaborator in the criminal case of premeditated murder as regulated in Article 340 of the Criminal Code. Apart from that, the role of amicus curiae is also regulated in the Constitutional Court Regulations Article 14 Paragraph (4) Number 06/PMK/2005, Article 180 Paragraph (1) KUHAP, Article 183 KUHAP, Article 89 Paragraph (3) Law Number 39 of 1999 concerning Human Rights Humans, Circular Letter of the Supreme Court of the Republic of Indonesia (SEMA) Number 4 of 2011, even though they do not have clear regulations, in their application amicus curiae have never been prohibited by judges.
Tindak Pidana Korupsi dalam Penyalahgunaan Dana Bergulir LPDB-KUKM oleh Koperasi PKL Jawa Barat Tahun 2012–2013 Silalahi, Riamsah; Gultom, Potler; Sudarto, Sudarto
LITERATUS Vol 7 No 1 (2025): International Socio-Cultural Scientific Journal
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v7i1.1983

Abstract

This research focuses on the misuse of revolving fund loans/financing from the Cooperative Revolving Fund Management Institution, Micro, Small and Medium Enterprises (LPDB-KUKM) to the West Java Panca Bhakti Street Vendors Cooperative (Kopanti Jabar) in 2012 and 2013. Through a qualitative approach, this study identifies the modus operandi of the perpetrators, the impact of state losses, as well as the judge's consideration in handing down the verdict. The results showed that there were manipulations in the process of applying for and distributing funds, which resulted in state losses of Rp. 116,823,508,700.00. Judges consider aggravating and mitigating factors in imposing sentences, with the aim of providing a deterrent effect and recovering state losses. This research is expected to contribute to efforts to eradicate corruption in Indonesia.
Co-Authors Agung Prasetyo, Dimas Budi Pratama, Arya Ferdyandaru Ardhya Pratama, Dicky Gaol, Selamat Lumban Maulidiyono Dwiputra, Lian Pamungkas Djati, Maheswara Paslah Dwi Anggara, Rio Reyhan, Edlin Sharaja, Alecsius Silalahi, Riamsah Sudarto Sudarto Surya, Erlangga Tombokan, Nevri Berti Windardi, Ichsan Ahmad Yulian Christianto, Marselinus