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All Journal Jurnal Cita Hukum JOURNAL of LEGAL RESEARCH
Burhanudin Burhanudin
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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MEKANISME GANTI RUGI DAN REHABILITASI DALAM TINDAK PIDANA PENCURIAN YANG DILAKUKAN ANAK DIBAWAH UMUR (Studi Putusan Pengadilan Negeri Cibinong No: 36/Pdt.G/2012/PN.Cbn.) Dina Rahmawati; Burhanudin Burhanudin; Hidayatulloh Hidayatulloh
JOURNAL of LEGAL RESEARCH Vol 2, No 2 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i2.16571

Abstract

The problem in this study is that the defendant who is underage committing a theft has been decided freely by the judge submitting compensation and rehabilitation because the defendant suffered material and immaterial losses in the Decision of the Cibinong District Court No: 36 / Pdt.G / 2012 / PN.Cbn . This study aims to understand how the compensation and rehabilitation mechanism of theft perpetrators has been dismissed freely. This study uses qualitative research methods using a normative approach. The results show that the convicted person has the right to claim compensation and rehabilitation, and compensation is directed at law enforcement or directed at the guilty party.Keyword : Compensation, Rehabilitation, Presumption not innocent.
Tinjauan Yuridis Pasal Pemidanaan bagi Pelanggar Rahasia Dagang dalam Undang-Undang Nomor 30 Tahun 2000 Akram Sri Nerendro Tomo; Burhanudin Burhanudin
JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.16168

Abstract

Abstract.The law number 30 year 2000 about trade secret was first enacted on December 20th 2000. The main purpose of this law is to create a conducive and innovative business climate to create a national and international business competition to be conducive. The other purpose of this law is to protect the rights of the trade secret owners that has not been noticed. To protect the rights of the trade secret owner, the articles of 13 and 14 regulates the elements of violation about trade secrets and then these both articles is accommodated in article 17 abaout the criminal provisions. However, there is a problem in the Article about the punishment due to the inconsistency of the phrase which results in a double understanding of the phrase. The phrase is "Violation" which has consequences on the threat of punishment that is given a maximum imprisonment and fines based on book 3 of the Criminal Code (WvS), while in Article 17 which received a delegation of Articles 13 and 14, the threat of punishment is a maximum of 2 years in prison and fines. In addition, the problem with the ineffectiveness of this law in snaring violators is the absence of provisions on various matters. From the description above, the researcher tries to provide a researcher's perspective through a juridical review of the Criminal Code of trade secrets and also the problem of the ineffectiveness of the application of the Article. 
Pembatalan Kewenangan Dewan Pengawas Komisi Pemberantasan Korupsi Dalam Hal Pemberian Izin Penyadapan, Penggeledahan Dan Penyitaan Pada Putusan Mahkamah Konstitusi Nomor 70/ PUU-XVII/2019 Dalam Perspektif Efektifitas Hukum Sony Aldianto; Burhanudin Burhanudin; Tresia Elda
JOURNAL of LEGAL RESEARCH Vol 4, No 5 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i5.23047

Abstract

The main problem in this study is that, the position of the Supervisory Board of the Corruption Eradication Commission after the authority in granting wiretapping, search and seizure permits was canceled by the Constitutional Court in the perspective of the effectiveness of the law and the criminal justice system. This study aims to make everyone understand the position and urgency of the KPK Supervisory Board after the Constitutional Court Decision Number 70/PUU-XVII/2019 in the concept of legal effectiveness and the criminal justice system in Indonesia. The results of this study indicate that regarding the judge's considerations, that the Supervisory Board of the Corruption Eradication commission in granting wiretapping, search and confiscation permits is a real form of overlapping authority of pro justitia.  The KPK Supervisory Board is not a law enforcement officer, so it is not in accordance with the effectiveness of the law in terms of law enforcement factors, community factors and legal factors, therefore is not included in the components of the criminal justice system and violates the concept of the criminal justice system.
Chemical Castration Punishment Sanctions for Pedophilia Perpetrators in Indonesia Burhanudin Burhanudin
Jurnal Cita Hukum Vol 11, No 3 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i3.36025

Abstract

Chemical castration is an additional sanction for the criminal act of pedophilia contained in Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as its implementing regulations. It is hoped that chemical castration will have a deterrent effect on pedophiles and can reduce the rate of sexual crimes in the future. However, on the other hand, chemical castration sanctions are considered a form of human rights violation. In Islamic law, the punishment of castration is based on al-maslahah, then the punishment of castration is recommended, whereas if it is based on al-maqassid as-syar-iyyah then the punishment of castration is not justified. The research method used is a normative juridical qualitative method with a statutory approach and a literature approach. The data sources used are secondary data in the form of child protection laws and implementing regulations, namely Government Regulation Number 70 of 2020. The results of the research state that the implementation of chemical castration sanctions is contrary to human rights and is not recommended in Islamic law because it can use criminal sanctions that are other.
Co-Authors Akram Sri Nerendro Tomo Dina Rahmawati Hidayatulloh Hidayatulloh Sony Aldianto Tresia Elda