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All Journal UIR LAW REVIEW Jurnal Ilmiah METADATA International Journal of Health, Economics, and Social Sciences (IJHESS) International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT)
Arif Sahlepi, Muhammad
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Religion Computer Science & IT Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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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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Abstract

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.
IMPLEMENTATION OF CRIMINAL SANCTIONS AGAINST CHILDREN WHO COMMIT CRIMINAL OFFENSES Suwardana, Rudi; Arif Sahlepi, Muhammad; Zarzani, T. Riza
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 6 No. 1 (2024): 7th IHERT (2024): IHERT (2024) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v6i1.354

Abstract

This research examines the juvenile criminal justice system in Indonesia, particularly in relation to the implementation of criminal sanctions against children involved in criminal acts. Using library research methods, this study explores various relevant literature and legal documentation to understand the approach taken in handling cases of children in conflict with the law. This research found that there is a tendency to prioritize restorative justice and diversion, which aims to reintegrate children into society without involving formal court processes. Diversion, as an alternative case resolution, allows children to avoid social stigma and long-term legal consequences that can hinder their personal development. The main focus is on rehabilitation and reintegration, taking into account psychosocial and environmental conditions that influence children's behavior. The research results show the need for a more holistic approach in the juvenile criminal justice system that is not only oriented towards punishment, but also towards recovery and development of children as individuals.
Reverse Evidence System in Corruption Crime: Critical Analysis, Obstacles and Challenges Mamanda Tarigan, Fitra; Arif Sahlepi, Muhammad; Abdul Rahman Maulana Siregar
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 1: January 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i1.6491

Abstract

This research aims to discuss the legal arrangements of reverse evidence in corruption trials and comprehensively examine the obstacles and challenges of reverse evidence in corruption cases. The type of research is normative juridical, which discusses certain legal phenomena and analyses them based on laws or norms that live in society. The results of this study show that the reverse proof system is regulated in the provisions of Article 37, Article 37A, and Article 38B of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Corruption, which states the defendant's obligation to prove otherwise against property owned not derived from the proceeds of corruption crimes. Reverse proof of corruption crimes has obstacles and challenges such as legal substance factors, focus of proof, inconsistency, violation of rights, and resistance of law enforcement. The challenges of reverse proof are: improving the performance, professionalism, and integrity of law enforcement officials, as well as the clarity of regulations to apply reverse evidence outside of corruption crimes such as narcotics and terrorism.
Penegakan Hukum Keimigrasian Terhadap Warga Negara Asing Yang Menyalahgunakan Izin Tinggal Kunjungan Di Indonesia Shafina, Lailan; Arif Sahlepi, Muhammad
UIR Law Review Vol. 8 No. 2 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(2).17965

Abstract

This research examines the enforcement of immigration law against Foreign Nationals (FNs) who abuse their stay permits in Indonesia. However, their presence often involves violations of immigration rules, such as overstaying, which impact immigration regulations and policies. The necessity of internationally based laws to regulate residency becomes crucial in addressing these challenges. While the arrival of FNs can have positive impacts such as increased tourism and investment, there are also risks of negative impacts, including national security and resilience. This study employs a qualitative approach using juridical-normative legal research methods, gathering data through literature studies related to the abuse of stay permits by FNs. The analysis results indicate the need for strict law enforcement through administrative actions, investigation, and prosecution of immigration violations. Despite these efforts being crucial for maintaining national sovereignty, challenges persist such as limited community participation in reporting violations, as well as budgetary and human resource constraints in immigration law enforcement. In conclusion, immigration law enforcement in Indonesia requires strong cross-sectoral coordination, increased public awareness, and reforms in human resource management and budgeting to enhance its effectiveness. These steps are necessary to uphold national sovereignty and ensure justice in immigration law enforcement against FNs in Indonesia.
Co-Authors Abdul Rahman Maulana Siregar Mamanda Tarigan, Fitra Purba, Nelvita Shafina, Lailan Simamora, Hasiholan Suwardana, Rudi Tengku Riza Zarzani N