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All Journal LAW REFORM Syiar Hukum: Jurnal Ilmu Hukum Spektrum Hukum INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Journal of Indonesian Legal Studies Jurnal Konstitusi Syntax Literate: Jurnal Ilmiah Indonesia Morality :Jurnal Ilmu Hukum Bina Hukum Lingkungan Jurnal Hukum Magnum Opus Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review Unes Law Review Ekspose: Jurnal Penelitian Hukum dan Pendidikan Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Jurnal Al-Dustur Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam Jurnal Ilmu Hukum KYADIREN Jurnal Hukum Adigama Indonesian Journal of Law and Economics Review Jurnal Hukum Lex Generalis El-Iqtishady Law Development Journal International Journal of Science and Society (IJSOC) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Indonesia Law Review (ILREV) Bina Hukum Lingkungan Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan Riwayat: Educational Journal of History and Humanities RechtIdee Hukum dan Politik dalam Berbagai Perspektif Jurnal Hukum dan Pembangunan Jurnal Dinamika Hukum Lex Scientia Law Review Jurnal Serina Abdimas
Ade Adhari
Unknown Affiliation
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Mathematics Physics Public Health Social Sciences Other

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DISPARITAS PENJATUHAN PIDANA TAMBAHAN DALAM PERKARA TINDAK PIDANA KORUPSI PENGADAAN BARANG DAN JASA (Studi kasus putusan PN Mamuju Nomor: 3/ Pid-Sus-TPK/2021/PN. Mam. dan putusan PN Bandung Nomor: 55/ Pid-Sus-TPK/2021/PN. Bdg) Hans Poliman; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17957

Abstract

Indonesia is one of the countries that guarantees justice for everyone. In practice, justice and legal certainty as laid out in the foundation of our country is only a sweet writing that has not been properly applied." One of the injustices that are often experienced by the people who find justice (Justiciabelen) especially in the field of justice is the disparity of prosecution. Basically, the disparity of prosecution is something that is natural because the fact of the trial in one case against another case certainly has a uniqueness even though it is ensnared with the same article of laws and regulations. But a verdict can be categorized as disparity if it is not accompanied by clear or erroneous considerations in understanding the formulation of the article indicted so as to cause injustice and can cause suspicions in the community. One of the criminal acts that often experience disparity of prosecution is the crime of corruption. This can be compared to 2 (two) verdicts, namely the Decision of PN Mamuju Number: 3 / Pid-Sus-TPK / 2021 / PN. Mam. and Decision of PN Bandung Number: Number: 55Pid.Sus-TPK/2020/PN Bdg on behalf of Shokhibul Hidayat. Where the Panel of Judges who tried Defendant Saddam Maulana Arief, ST and Defendant Shokhibul Hidayat have different considerations. Thisattracted researchers to conduct an analysis of THE Verdict of PN Mamuju Number: 3 / Pid-Sus-TPK / 2021 / PN. Mam is seen from the disparity category. Based on the results of aanalysis conducted by PN Mamuju Decision Number: 3 / Pid-Sus-TPK / 2021 / PN. Mam has fulfilled the category of disparity in imposing additional charges on defendants because it is wrong in formulating the Corruption Eradication Act.
PENERAPAN SISTEM PEMBERATAN PIDANA RECIDIVE GUNA MEMBERANTAS NARKOTIKA Julian Devara Asyraf; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.18015

Abstract

This research is a normative legal research by collecting data on criminal decisions on the issue of narcotics recidivist Indonesia. This study uses a legal approach and a case approach that is related to the problems in this study, which are criminal cases regarding. The purpose of punishment is as a deterrent effect, coaching and educating the perpetrators so that they do not repeat their actions again and become better individuals in carrying out their lives so as to create security and protection for the people in Indonesia from the effect of drugs abuse and Undang-Undang Narkotika Nomor 35 Tahun 2009 concerning Narcotics can be used as a policy formulation that can be used as a policy that is used as a step to provide legal certainty to the community and also as an alternative to solving problems. Moreover, it can be used as a step as a preventive to recidivism which in essence is an integral part of efforts to provide legal certainty to the public, as well as a step alternative in solving a legal issue.
URGENSI KEBIJAKAN PEMIDANAAN PEMBELI EKSPLOITASI SEKSUAL ANAK DALAM BENTUK PROSTITUSI PADA UNDANGUNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Niella Tasya Ullie; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17911

Abstract

As the weakest and most vulnerable social beings in society, ironically, children are often put in a disadvantaged position, and become victims of a crime. One of the problems faced by children is the crime of sexual exploitation of children in the form of child prostitution. One of the reasons why child prostitution is increasing is the growing demand for the global sex market. Child sex buyers have a big hand in controlling child prostitution by creating a demand for it. Reflecting on the countries of South Korea, Philippines and Sweden which already have specific and firm national regulations in providing elements regarding the sexual exploitation of children and the punishment of buyers of child sex in the form of prostitution. This is what is needed to be accommodated in the current Child Protection Law in Indonesia by making clear, firm, and specific regulations so that it will not provide errors for all law enforcement officers in dealing with and resolving criminal cases of sexual exploitation of children in the form of child prostitution
REFORMULASI KEBIJAKAN DIVERSI TERHADAP SELURUH TINDAK PIDANA YANG DILAKUKAN OLEH ANAK Lin Yan Che; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17916

Abstract

The juvenile criminal justice system is required to apply a restorative justice approach in accordance with article 5 paragraph (1) of the Juvenile Criminal Justice System Law. One of the processes of restorative justice is diversion. Diversion is the settlement of child cases from the criminal justice process to the criminal justice process. The problem faced in writing this thesis is how is the formulation policiy for the application of diversion to all criminal acts committed by children? The research method used in writing this thesis is normative legal research. The results of the study indicate that the diversion applied in the Juvenile Criminal Justice System Act has not been fully applied to all types of crimes committed by children. Diversion in the Juvenile Criminal Justice System Law can be carried out in the event that the crime committed is punishable by a sentence of less than 7 (seven) years in prison and is not a crime. Children who commit crimes punishable by imprisonment for more than 7 years do not get the opportunity to diversify so that the application of diversion that uses criminal threats under 7 years creates problems with the principles that are best for children and nondiscrimination. This is because the diversion arrangement in Indonesia is different from countries such as the Philippines, Ireland, Thailand and South Africa in that there is no requirement to face the threat of imprisonment which causes children to lose their right to diversion. The four countries have provided appropriate protection for children to achieve the welfare and best interests of children in accordance with the general principles contained in the Convention on the Rights of the Child
KEPASTIAN HUKUM PENERAPAN KRITERIA PENYIDIKAN PERKARA TINDAK PIDANA KORUPSI OLEH KOMISI PEMBERANTASAN KORUPSI REPUBLIK INDONESIA Lambertus Josua Tallaut; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17989

Abstract

The authority to investigation corruption cases is owned by the Corruption Eradication Commission, the Attorney General’s Office and the Police. To guarantee legal certainty in the exercise of athority, Article 11 of the KPK Law provides for the investigation of corruption cases which are under the authority of the KPK. In practice, this Article is not carried out in a consistent and obedient manner, such as the Jiwasraya, case, the Pinagki Prosecutor and the North Minahasa Ready-to-Use Fund Corruption which were investigated by the Prosecutor’s Office, in thes three cases the authority of the KPK. This phenomena creates legal uncertainty, even though certainty as a legal value must be upheld. The research method used is juridical-normative with primary and secondary legal materials as material for obtaining secondary data. The data was obtained by library technique and analyzed by descriptivequalitative method. Legal certainty is domiciled as a legal value, which means that the purpose of law is legal certainty. Legal certainty is also an important element in the administration of a state of law, therefore Indonesia is obliged to uphold legal certainty in implementation activities, including taking action against corruption cases. The criteria for the KPK authority case investigated by the Prosecutor's Office create legal uncertainty regarding the application of Article 11 of the KPK Law. Prosecutors' actions are also theoretically authoritative, exceeding their authority.
KEDUDUKAN SAKSI MAHKOTA SEBAGAI ALAT BUKTI DALAM PUTUSAN BEBAS TERHADAP DELIK PENYERTAAN PEMBUNUHAN BERENCANA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 912/K/PID/2017) Indra Dohara Siburian; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12007

Abstract

Crown witness in the Supreme Court Decision No. 2437 K / Pid.Sus / 2011 is defined as a witness who comes or is taken from one of the suspects or other defendants who jointly committed a criminal act. The position of crown witnesses in the criminal justice system in Indonesia has been very often considered and used by judges in deciding a case. This study analyzes the position of crown witnesses as evidence that becomes a consideration for judges in deciding cases. The research method used in this study is a normative legal research method with a research approach. The research approach used in this study is a statutory approach (Statute Approach) and a case approach (The Case Approach). Such as the case of premeditated murder in the Supreme Court Decision Number 912 / K / PID / 2017 which occurred in Makassar with the victim Giring. The murder perpetrators consisted of 3 people, but only 2 were convicted while 1 was acquitted. In this case the judge ignores and does not consider the testimony of the crown witness as evidence as his consideration in deciding a case. The position of the crown witness is very important in a case where the testimony of the crown witness is also the testimony of the witnesses which cannot be ignored by the judge according to the legal regulations in Indonesia which have regulated the position of the crown witness himself.
FAKTOR PENYEBAB PENGEDARAN RUPIAH PALSU DI INDONESIA Margamu Desy Putri Dewi; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17968

Abstract

This legal research discusses the factors that cause the circulation of counterfeit rupiah in Indonesia. The research method used is normative legal research and empirical legal research. The research approach in this legal research uses a state approach. The legal approach is carried out by examining the laws and regulations related to the causes of the circulation of counterfeit Rupiah. Sources of data used are primary data and secondary data. The legal materials used to support secondary data are primary legal materials such as the Criminal Code (KUHP), Law Number 7 Year 2011 concerning Currency, Bank Indonesia Regulation Number 21/10/PBI/2019 concerning Rupiah Money Management. The data analysis technique used is descriptive by using deductive thinking. Based on the research conducted, there are factors that cause someone to counterfeit rupiah currency, namely economic factors, seeking personal gain, low education, opportunities to do so, high movement, and technological developments. Based on the factors that cause counterfeiting and circulation of rupiah which should be used as a reference to eliminate the factors that trigger the occurrence of the crime of counterfeiting money because in preventing a crime, eliminating the causes is the best prevention.
REFORMULASI KEBIJAKAN PEMIDANAAN TERHADAP DELIK TERKAIT EUTHANASIA DALAM RANGKA PEMBAHARUAN HUKUM PIDANA NASIONAL Rionardo Farlus Patitan; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17133

Abstract

Humans have the right to live and in terms of the right to live there is the right to die which is internationally recognized by the United Nations so that an act appears to stop someone's life, namely Euthanasia. Along with the problems that arise regarding Euthanasia, a sanction is needed in which to deal with the problems that occur, especially in criminal matters. Euthanasia is often encountered and becomes a problem for people who experience it because in other countries Euthanasia is allowed by the government. This is based on various cases in various countries. The government must give strict sanctions to the perpetrators of Euthanasia but in general, in this aspect, criminal law policies in Indonesia are still inadequate and not appropriate in imposing sentences so that a policy of formulation of punishment for Euthanasia offenses in Indonesia needs to be carried out. The writing of this thesis uses doctrinal legal research methods and uses doctrines as supporting data. The results of the study reveal that sanctions against Euthanasia cases have not yet been able to be carried out by the Government because there is no clarity and legal certainty in Indonesia so that it is necessary to formulate a sentence for the Euthanasia offense.
KEBIJAKAN PENCEGAHAN DALAM KEKERASAN SEKSUAL DI LINGKUNGAN PENDIDIKAN Adityo Saputra; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17949

Abstract

Rise of sexual violence against children, especially in the educational environment, makes parents feel that the educational environment has become an unsafe place for students. Because sexual violence will have a traumatic impact on both children and adults. Seeing the consequences that will be experienced by children when they become victims of sexual violence is very woorrying, therefore there is a legal protection given to victims, namely children who experience sexual violence.
FAKTOR PENGHAMBAT KEBIJAKAN FORMULASI TRADING IN INFLUENCE SEBAGAI KORUPSI DI INDONESIA Sheryn Lawrencya; Ade Adhari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17954

Abstract

Trading Influence acts are non-mandatory offenses regulated in UNCAC and ratified by Law Number 7 of 2006 concerning UNCAC Ratification. Based on the cases that have occurred in Indonesia, the act of Trading Influence has actually developed in Indonesia, but is considered as “bribery”. Indonesia has not been able to ensnare the perpetrators of influence trading under the Corruption Law because there are no rules that regulate it, so there is legal uncertainty and a legal vacuum. This is due to the many factors that hinder the formulation of trading in influence policies in Indonesia. The research method used is normative using library materials or document studies for library research. This study looks back at what are the causes so that it is immediately regulated in Indonesia to be able to distinguish between bribery and the act of trading in influence in the context of overcoming corruption in Indonesia.
Co-Authors Adityo Saputra Ahmad Redi, Ahmad Al Hadid, Andi Pangerang Ali Masyhar Allyssa, Allyssa Alvira Damayant Amad Sudiro, Amad Amelia Elisabeth Putri Kusuma Amri, Ibra Fulenzi Andriano, Raphael Anggi Octavelia Putri N Anis Widyawati Anjani, Isabella Merlin aprilia, indah Aprilia, Indah Siti Arif Al Jibran, Farel Arifin, Alfredo Juniotama arrifa, Reisa Arya Sulistiawan Audrey, Jessica Aurellia, Chyntia Axel Putra, Muhammad Belicia Widhyana Yulia Putri Bryan Bryan Calvin Rafly Hadi Pradana Cheung, Sherlyn Nathalia Daniel Hasudungan Nainggolan Danurdara, Dewa Gede Agung Oka Dave Hamonangan Deo Syahputra, Bearlly Devi Ulan Dari Dian Latifiani Didik Purnomo, Didik Edo Bintang Joshua Eliza Della Kanaya Elizabeth, Vivi Ferdian Soni Ferdinand De Lapasha Gen Yaish Ibrahim Gilbert Winata Goce, Azzahra Natazia Ristina Haga, Christian Samuel Lodoe Hans Poliman Helda Rahmasari Hermawan, Nabila Tasya Husen, Nur Afni Hutabarat, Rugun Romaida Ilham, Rianza Naufalfalah Indah Siti Aprilia Indra Dohara Siburian Jeremy Nicholas Joshua Steven Ongaran Julian Devara Asyraf Julita, Marcella Junior, Austin Kaendo, Karen Eklesia Gabriella Lambertus Josua Tallaut Leona Citra Maranatha Lin Yan Che Mahabar, Regina Victoria Rambu Ngana Margamu Desy Putri Dewi Margaret Mutiara Manurung Marsel Mulyadi Milenia, Angelica Christin Nainggolan, Daniel Hasudungan Naomi, Sherryl Natashya, Jasmine Niella Tasya Ullie Niken Febriana Dwi Nurizki, Andhika Raka Ongaran , Joshua Steven Ongaran, Joshua Steven Pujiyono Pujiyono Rambe, Halgi Sujuangon Jhansen Ramdhani, Dwi Sukma Rannu, Delycia Anwar Renardi Idfidian, Teuku Richard Janwardo Rio Kurniawan Rionardo Farlus Patitan Rizky Setiawan Sanjaya, Dixon Saputra, Rama Adi Sherlyn, Sherlyn Sherryl Naomi Sheryn Lawrencya Shidarta Shidarta Sidharta, Sidharta Sihaloho, Afpryanto Silviana Putri, Szyva Simanjuntak, Irene Gracia Sindi Fitria Singhs, Arief Dermawan Sitabuana, Tundjung Suryani, Leony Sondang Tania, Neysa Tasya Renwarin, Chrisjane Thie, Naysa Andrea Trayama, Yoga Tundjung Herning Sitabuana Viano Lewi Kong Ateng, Kenny Vincent Trauman Virriantaka Wayan P. Windia Wijaya, Natasya Winata, Tania wong, Sherryl naomi Yohen, Samantha Maria Yuwono Prianto Zebua, August Delta