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Penerapan Pasal 106 Ayat 1 UU NO.22 Tahun 2009 Dengan Menggunakan ETLE Saepuloh, Muhamad; Kusumah, Haidan Angga
Ilmu Hukum Prima (IHP) Vol. 7 No. 2 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i2.5496

Abstract

Traffic is a crucial part of public mobility, allowing people to move from one point to another, and also plays a significant role in economic growth, including both human and goods transport services. With the advancement of technology, however, transportation has also had adverse effects on human life, such as accidents that claim many lives. Therefore, the operation of motor vehicles is regulated by Law No. 22 of 2009 concerning road traffic and transportation. This regulation is now enforced not only manually but also through the ETLE electronic system, demonstrating that the police are also keeping pace with technological progress. The aim of this study is to examine whether the implementation of Article 106, paragraph 1, through the ETLE system is functioning effectively or, perhaps, otherwise.
PENERAPAN PASAL 2 AYAT 1 UNDANG-UNDANG SENJATA TAJAM DALAM PENUNTUTAN TERHADAP TINDAK PIDANA PENGANIAYAAN MENGGUNAKAN SENJATA TAJAM DALAM PERKARA KEJAKSAAAN KOTA SUKABUMI Aulia Puspita; Haidan Angga Kusumah
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Maltreatment is a form of violence that physically or mentally injures the victim. The method used in the research is descriptive method with qualitative approach through field research. This study aims to determine the considerations of the public prosecutor in determining the charges for the crime of persecution using sharp weapons and to determine the implications of the public prosecutor's considerations in prosecuting the crime of persecution using sharp weapons in the Sukabumi City Prosecutor's Office case No. PDM-42/SKBMI/Euh.1/09/2021. The type of legal research conducted is normative juridical, namely legal research conducted based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. This research was conducted in Sukabumi City Prosecutor's Office and Sukabumi District Prosecutor's Office. Data collection techniques in this research are observation, interview, documentation and literature study. The results showed that in determining criminal charges, public prosecutors used the dominus litis principle and the principle of public prosecutors to prosecute crimes and research showed that although there were differences in views between public prosecutors in criminal trials, the differences ultimately determined the judge to impose a verdict.
PERAN PENYIDIK DALAM PENEGAKAN HUKUM PEMBELAAN TERPAKSA (NOODWEER) DIHUBUNGKAN DENGAN PASAL 49 (1) KUHP PADA PERKARA KEPOLISIAN POLRESTA SERANG KOTA Tommy Hidayat; Haidan Angga Kusumah
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to find out how the role of the police in imposing suspect status on crime victims and to find out the elements of protection and the elimination of punishment before police investigators sentence crime victims as suspects. The method used in this research is qualitative method. This research was conducted at Serang City Police Station which is located at Jl. Ahmad Yani No.64, Cipare, Kec. Serang, Serang City, Banten 42117. And at the Serang City District Attorney's Office which is located at Jl. Raya Pandeglang Blok Cipare No.11, RT.1/RW.17, Cipare, Kec. Serang, Serang City, Banten 42117. Data collection techniques in this research are observation, interviews, documentation and literature study. The data analysis technique used in this research is the case method analysis technique and descriptive analytical research typology. The results showed that the police play a role in collecting sufficient evidence to determine the extent of each individual's role in a criminal offense, both as the main perpetrator and as a participant and are responsible for conducting in-depth investigations to prove the involvement of each person in the criminal offense committed. In Muhyani's case, based on the investigation by the prosecutor at the prosecutor's office, it was found that there was an element of noodweer, namely coercion as a form of self- defense by protecting his property and protecting his soul. Therefore, Muhyani was not convicted