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All Journal Al-Mizan (e-Journal) Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
Meldandy, Maulana
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Pidana Tambahan Berupa Uang Pengganti Dalam Perkara Tindak Pidana Korupsi Muammar, Muammar; Meldandy, Maulana
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol 4, No 1 (2022)
Publisher : Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i1.564

Abstract

The determination of additional punishment in the form of "replacement money" should ideally be equal or balanced with state financial losses as a result of criminal acts of corruption. Interesting in the decision of the Semarang District Court Number: 32/Pid.Sus/2012/PN.Tipikor.smg there is an unequal determination of "replacement money" when compared to state financial losses resulting from criminal acts of corruption committed by the defendant in the "Budget" corruption case. Maintenance of Motorized Service Vehicles by the Chairperson of the Grobogan Regency DPRD for the 2009-2014 period”. The research used in this research is normative legal research with a conceptual approach. In the approach to legislation (Statute Approach), the author describes the hierarchy, and the principles in the legislation. In addition, in this study the author uses aspects of a conceptual approach (Conceptual Approach), where the author tries to describe the concept of law by moving from the views of legal experts. In this study, it was found that regarding the legality of additional criminal charges in the form of replacement money in corruption cases, it is found in Article 18 paragraph (1) letter b of Law no. 31 of 1999 concerning the Crime of Corruption, namely "payment of compensation as much as possible equal to the property obtained from the crime of corruption". The judge's consideration in the decision above is concluded to be less relevant if it is associated with additional penalties in the verdict in the form of replacement money.Keywords: Corruption, Additional Criminal, Compensation Money
Application Of Supplementary Penalty As A Substitute For Money In Cases Of Corruption Criminal Proceedings Muammar, Muammar; Meldandy, Maulana
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 4 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v4i1.564

Abstract

Abstract The determination of additional punishment in the form of "replacement money" should ideally be equal or balanced with state financial losses as a result of criminal acts of corruption. Interesting in the decision of the Semarang District Court Number: 32/Pid.Sus/2012/PN.Tipikor.smg there is an unequal determination of "replacement money" when compared to state financial losses caused by criminal acts of corruption committed by the defendant in the "Budget" corruption case. Maintenance of Motorized Service Vehicles by the Chairperson of the Regional Legislative Council of Grobogan Regency for the 2009-2014 period”. This type of normative legal research with a normative juridical approach examines library materials in the form of books, magazines and legislation that correlates with the discussion of the problem. Regarding the legality of additional criminal charges in the form of substitute money in corruption cases, it is stated in Article 18 paragraph (1) letter b of Law no. 31 of 1999 concerning the Crime of Corruption, namely "payment of compensation as much as possible equal to the property obtained from the crime of corruption". The judge's consideration in the decision above is concluded to be less relevant if it is associated with additional penalties in the verdict in the form of replacement money. Keywords: corruption; replacement money; supplementary penalty
Kelemahan Kedudukan Pembuktian Keterangan Anak Korban Dalam Perkara Asusila: Muammar, Muammar; Meldandy, Maulana; Sardari, Ahmad Asif
Al-Mizan (e-Journal) Vol. 20 No. 2 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i2.4622

Abstract

The weak position of witness testimony of child victims of indecent crimes, due to the position of witness testimony of child victims cannot be fully accounted for in the criminal justice system. This article aims to describe the weak position of witness testimony of child victims of indecent crimes and the reasons for the unreliability of witness testimony of child victims of indecent crimes. This research is based on qualitative research by conducting a study of legislation, court decisions and literature studies. The results showed that the witness testimony of child victims of indecent acts is not considered valid evidence, but still has value as a clue. Article 188 paragraph (1) of the Criminal Procedure Code, the testimony of a child witness who is not sworn can be used as a clue even though it does not fulfil the formal requirements of evidence. In Supreme Court Decision Number 3913 K/Pid.Sus/2019, it is stated that child witness testimony, although it does not have full evidentiary power because it is not sworn, is still considered to strengthen other evidence. To fulfil the minimum requirement of two pieces of evidence, child witness testimony must be supported by other valid evidence. Therefore, the criminal justice system needs to give special treatment to child witness testimony in immoral cases so that it remains valuable in evidence.
Co-Authors Muammar Muammar, Muammar Sardari, Ahmad Asif