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All Journal Dinamika Hukum KRTHA BHAYANGKARA Jurnal Hukum Sasana Journal of Judicial Review
Eko Nurisman
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Law, Crime, Criminology & Criminal Justice

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Penerapan Sanksi Perdata terhadap Korporasi dalam Sengketa Lingkungan Hidup Eko Nurisman; Dwi Meilya Sandy
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The rise of industry by utilizing natural resources has risks the impact on environmental pollution. This research will answer two legal issue, first concerning the application of civil penalties on corporations that pollute the environment with wastewater in environmental disputes; sedondy, regarding accountability corporations in environmental disputes. The special purpose of this studyis to analyze the judicial verdict and spesificly remedy after environmental pollution. This is a normative legal research. The source data is secondary data which collect from the literature (library research). After all the data has been collected, then processed and analyzed by descriptive-qualitative approach. The result drawn from the study conclude that the application of civil penalties suffered by the victim is materially own right but has not been effective because the perpetrators of environmental pollution shall perform certain actions whose nature is to improve the ecosystem and environmental sustainability life so that it can be used accordingly.
Analisis Yuridis Penetapan Status Tersangka Ditinjau dari Perspektif Hak Asasi Manusia Solina Sances; Eko Nurisman
Journal of Judicial Review Vol 18 No 1 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The problem of law enforcement in Indonesia require legal form, its about right of suspect raises many disagreement by the legal expert, In principle criminal law (KUHAP) adopted principle equality and presumption of innocence until got the judge’s decision. Based on the research , the researcher got two formulation of the problem, first legal certaintly regarding the deadline of determination of suspect reviewed from human right perspective, second the implementation presumption of innocence human right perception. Purpose of the research for analyze juridical on how legal certainty about limitation of suspect and implementation principle presumption of innocent reviewed from human right perspective. The Stuy used normative juridical research method. Data source is secondary data which obtained from the literature. The data processed andanalysed using qualitative. Classifying the aspect studied and got the conclusion related to this research. The data described descriptively. Based on this research, the result reviewed by researcher into conclusions, its about legal certainty of limits determination of the suspect not related to human right perpective, implementation presumption of innoncence by law enforcer wasnt prioritize human right. Based on this study, the obtained results have been reviewed by researchers that the conclusion that the legal certainty regarding the deadline for determination of the suspect is not in accordance with the human rights perspective, the application of the presumption of innocence by law enforcement is not in accordance with the human rights perspective, because there are no rules regulating exactly how the application of the principle of presumption of innocence so that their legal vacuum.
Analisis Penerapan Hukum Dan Pertanggungjawaban Pidana Illegal Fishing Dalam Putusan No.107/PID.B/2009/PN.TPI.RNI Eko Nurisman; Rahmi Ayunda
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Lies in the strategic area made Riau Islands province became an attractive destination for foreign vessel to do illegal fishing. Riau Island Province especially Natuna rank at the first place in Indonesia as the region which has the fishes being stolen the most. This thesis is the result of research on how the application of the law and the criminal liability toward the doer of illegal fishing according to Tanjung Pinang’s fisheries court decision number 107/Pid.B/2009/PN.TPI.RNI. Type of this thesis is normative legal research, the data that used is in the form of secondary data, which consist of both primary and secondary legal materials. The author collecting the data by doing library research and interview. Once all the data is collected, the data is then processed and analyzed. The qualitative method was used to group the data point by the studied aspects. Further conclusions drawn related to this study, then described descriptively. From this research the author can conclude that Tanjung Pinang’s fisheries court judges in performing the application of the law for those involved in illegal fishing is still not quite right. There is a verse that should be charged to the defendant but not enforced, while for terms of criminal liability can be concluded that upon the defendant can held to be responsible, it is based on the elements of criminal responsibility that has fulfilled. with this fulfillment have consequences the defendant should be declared guilty and have to be responsible for his actions to undergo criminal penalties.
Tinjauan Yuridis terhadap Kompetensi Hakim Praperadilan dalam Membatalkan Status Tersangka Tindak Pidana Korupsi Eko Nurisman; Lisbet Purba
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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The purpose of this study was to analyze the juridical basis of the competence of the Pre Trial judge in cancelling suspect status and the legal basis in cancelling suspect status. Especially in this study case of the court case Number 97/Pid.Prap/2017/PN.Jkt.sel, pretrial filed by Setya Novanto. This study is reviewed from the relevant legislation, Regulation Number 8/1981 about Criminal Procedure Code (KUHAP). In this research, the metedology that used is law juridical normative research. The data was used by secondary data obtained from literature studies (library research). And then, after data was collected completely then it will be processed and analyzed, the analysis was used qualitative method, it means by using collecting data on the aspects studied. Further, the conclusion is related to this research, then described descriptively. Based on this research, the result obtained by the researcher from 2 (two) formulation of the problem, concerning of the Competence of Judge in Canceling Suspect Status of Setya Novanto and Judge Consideration Base in Canceling Suspect Status of Setya Novanto based on Decision No.97/Pid.Prap/2017/PN.Jkt.Sel., that the judge does not have the authority or competence to cancel the status of person’s suspect because it is not regulated in the law and also contradictory to Article 77 KUHAP. The judge in pretrial Cepi Iskandar by giving the decision has exceeded his duties and authority that had been regulated in KUHAP.
Tinjauan Yuridis terhadap Pelaku Tindak Pidana Penyebaran Uang Palsu Eko Nurisman; Stella Monica
Journal of Judicial Review Vol 20 No 1 (2018)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This research is expected to understanding how the Judge considerates the sanctions to criminals who counterfeit money. As well as the ways to prevent the crimes in counterfeiting money. The normative empirical method is used in this research, which is a research method that collects the data based on the regulations and written laws, the literature of study and supported by the interview’s results as the supporting data. The data then will be analyzed, arranged and be explained descriptively for gaining the conclusions from that data analysis result. The conclusion of this research is that the Judge will use three theories to give judgment for counterfeit money criminal. The theories such as Absolute Theory, Relative Theory, and Mix Theory. This kind of case can use the Preemptive, Preventive, and Repressive efforts to prevent the counterfeit money act.
Analisis Terhadap Pelaku Tindak Pidana Eksploitasi Seksual Pada Anak Melalui Media Internet Eko Nurisman; Jefferson Jefferson
Journal of Judicial Review Vol 18 No 2 (2016)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The Internet is a space of information and communication that promise through the boundaries between countries, dissemination and exchange of knowledge worldwide. The presence of the Internet would have a positive impact in the technology of information, the exchange of all data information can be sent or accessed quickly. In addition to having a positive impact the Internet also have negative effects when misused it can even be a crime. The forms of crime today's internet world increasingly varied such as data theft, copyright violations and even crimes against children for sexual exploitation of children. The research method used in this essay is normative and the findings are presented in descriptive analysis to investigate and secondary data in the form of resources and materials related literature of criminal law and the law of information and electronic technology. Based on the results of the study it can be concluded that the Arrangement laws against the crime of sexual exploitation as stipulated in UU ITE currently there are still weaknesses or deficiencies. In Article 27 paragraph (1) there is a term "decency" is grammatically not be equated with sexual exploitation of children that can lead to legal loopholes in it and Implementation of criminal sanctions against the perpetrators of sexual exploitation of children in this case the judge has not been able to deploy an maximum penalty as contained the demands of the Public Prosecutor. Child sex offenders according to the ITE Law must be added a third weighting principal criminal.
MELAWAN TINDAK PENCUCIAN UANG KORPORASI MELALUI PENGESAHAN RANCANGAN UNDANG-UNDANG PERAMPASAN ASET Antony Antony; Eko Nurisman
Jurnal Ilmiah Dinamika Hukum Vol 24 No 2 (2023): Edisi Oktober 2023
Publisher : Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v24i2.9472

Abstract

Negara Indonesia belum memiliki prosedur penanggulangan perampasan aset didalam tindak pidana pencucian uang (money laundry) bagi pelaku sebagai individu maupun korporasi. Maka, penelitian ini akan mengkaji urgensi rancangan undang-undang perampasan aset sebagai upaya penanggulangan tindak pidana pencucian uang oleh korporasi untuk mewujudkan nilai keadilan, kepastian dan kemanfaatan. Melalui penelitian hukum normatif dengan kajian pustaka, penelitian ini menunjukkan penanggulangan tindak pidana pencucian uang dapat menggunakan konsep money as lifeblood of the crime. Konsep tersebut terkandung didalam Rancangan Undang-Undang Perampasan Aset dengan metode in rem forfeiture yakni hukum dilakukan guna melawan aset bukan melawan individu (in rem personam) dengan fokus kepada aliran dana yang diduga berasal atau digunakan dalam suatu tindak pidana.
Cyberbullying: Pertanggungjawaban Pidana Anak Atas Hilangnya Nyawa Seseorang Ditinjau Berdasarkan Keadilan Restoratif Ade Borami Ju; Eko Nurisman
Jurnal Hukum Sasana Vol. 8 No. 1 (2022): Jurnal Hukum Sasana: June 2022
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v8i1.1262

Abstract

Currently cyberbullying is one form of crime that is quite often occur in cyberspace, especially among teenagers. Cyberbullying itself is one form of crime that can be reported to be further processed to the court. In dealing with the law, it can have a variety of influences, both mental, physical and social for children, especially if the problem is resolved through formal channels such as the court. Restorative justice is presented as an alternative path to solving criminal problems by involving victims, perpetrators, victims' families to jointly seek a fair solution by emphasizing recovery back to its original state, and not retaliation. The purpose of the study was to find out how criminal accountability of children as perpetrators of cyberbullying crimes resulting in the loss of a person's life based on restorative justice. This research uses normative juridical approach methods with data collection techniques using secondary data conducted with literature research. The conclusion of this study is the Legal Regulation against cyberbullying crimes consisting of regulations in the Criminal Code, Law No. 11 of 2012 on the Juvenile Criminal Justice System, and Law No. 19 of 2016 on Changes in Information and Electronic Transactions. Based on restorative justice, accountability for children perpetrators of cyberbullying crimes that result in the loss of one's life can be in the form of criminal sanctions and action sanctions. The criminal imprisonment of child offenders is used as a last resort, this is because the juvenile criminal justice system is carried out one of which is based on the principle of deprivation of independence and prosecution as a last resort.
Cyberstalking: Kejahatan Terhadap Perlindungan Data Pribadi Sebagai Pemicu Tindak Pidana Amelia Putri Anisah; Eko Nurisman
KRTHA BHAYANGKARA Vol. 16 No. 1 (2022): KRTHA BHAYANGKARA: JUNE 2022
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v16i1.1203

Abstract

The rapid development is marked by changes in telecommunications technology and computer technology. Technological sophistication gives rise to various kinds of crimes aimed at the virtual world community, one form of crime that occurs is cyberstalking. From this phenomenon, it is necessary to describe several arrangements that serve as the basis for tackling the rapid rate of cyberstalking. This research employs a normative judicial approach based on legal data gleaned from research sources. The primary and secondary legal information used in this research are both primary and secondary. The law number contains the majority of the legal information. 1. Amendments to the Information and Electronic Transactions Law No. 11 of 2008 (UU ITE) No. 19 of 2016 on Information and Electronic Transactions (UU ITE). Obtain secondary legal materials through library research, such as books, legal publications, the Internet, and expert opinion. The results of this study show that due to the rapid development of technology, many crimes stem from technological sophistication, including those related to cyberstalking, so it requires a special regulation that regulates cyberstalking, while there is no special regulation in tackling cyberstalking crimes. Regulations related to cyberstalking are still adopting the provisions of the ITE Law No. 19 of 2016 amendments to the ITE Law No. 11 of 2008.
Co-Authors Ade Borami Ju Amelia Putri Anisah Antony Antony Dwi Meilya Sandy Jefferson Jefferson Lisbet Purba Rahmi Ayunda Solina Sances Stella Monica