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All Journal Journal of Law Science Jurnal Abdimas Bina Bangsa Jurnal Res Justitia : Jurnal Ilmu Hukum Journal of Multidisciplinary Inquiry in Science, Technology and Educational Research
Hadi, Hadi Haerul
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Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : Journal of Law Science

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Juridical analysis of the evidentiary power of the victim's witness statement against the consideration of the acquittal of the crime of defamationn the case of decision number 853/pid.sus/2022/pn.srg Wiwi, Wiwi; Hendrawati, Sulkiah; Hadi, Hadi Haerul
Journal of Law Science Vol. 6 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i4.5600

Abstract

Defamation is an act that harms someone's honor or reputation, as regulated in Article 310 of the Indonesian Penal Code and Article 27 paragraph (3) of Law Number 19 of 2016 on Electronic Information and Transactions (UU ITE). This research analyzes the strength of witness testimony from the victim in defamation cases and considers how judges decide to acquit defendants when the victim is absent from the trial, referring to Law Number 19 of 2016 on Electronic Information and Transactions (UU ITE). The research method used is normative legal research with statutory, case, and conceptual approaches, utilizing secondary data sources consisting of primary, secondary, and tertiary legal materials. The findings indicate that the victim's absence from the trial significantly impacts the strength of evidence, ultimately leading the judge to acquit the defendant. The judge's consideration is also based on the prosecutor's inability to present the victim as a witness to support the indictment, rendering the victim's testimony inadmissible. The conclusion of this study emphasizes that the victim's absence from the trial is a crucial factor affecting the outcome of defamation cases and is a primary consideration for judges in determining the verdict. However, judges should also consider other evidence in making a more comprehensive decision.
Juridical analysis of the crime of embezzlement by sales at CV. Syabil media telecommunications Purba, Martinus Rambe; Hendrawati, Sulkiah; Hadi, Hadi Haerul
Journal of Law Science Vol. 6 No. 4 (2024): October: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i4.5607

Abstract

The crime of embezzlement in office is embezzlement with aggravation, which means that there are certain elements of the act that make the punishment more severe than embezzlement in its basic form as regulated in Article 374 of the Criminal Code. The formulation of the problem in this study is how the application of material criminal law to the case of embezzlement in office committed by sales, and what is the basis for the judge's consideration in imposing a prison sentence of 2 years against the perpetrator of the crime of embezzlement in office committed by sales at CV. Syabil Media Telekomunikasi in Case Study Decision Number.894/Pid.B/2023/PN SRG.This research uses normative legal research methods with a statutory approach, case approach and conceptual approach. The results showed that the application of material criminal law by the Panel of Judges against the perpetrator of the crime of embezzlement in office stated that the defendant was legally and convincingly proven guilty of committing the crime of embezzlement in office as regulated in Article 374 because the perpetrator committed the crime. The conclusion of this research is that the judge decided on a prison sentence of 2 years to the defendant for the crime of embezzlement in office based on the aggravating and mitigating circumstances revealed in the trial, and the facts revealed in the trial.
Co-Authors Agustiawan, M. Nassir Eli Apud Saepudin Listi, Anas Tiya Pramono, Aris Setyanto Purba, Martinus Rambe Safiulloh Samudra, Dian Sulkiah Hendrawati WIWI, WIWI