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All Journal Jurnal Ilmiah Hukum dan Dinamika Masyarakat Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Sunarto Sunarto
Universitas 17 Agustus 1945 Semarang
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PENEGAKAN HUKUM TINDAK PIDANA KORUPSI YANG BERUPA PENERIMAAN GRATIFIKASI SEBAGAI SUAP Sunarto Sunarto
JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT Vol 15, No 1 (2017): Hukum dan Dinamika Masyarakat
Publisher : Fakultas Hukum Universitas 17 Agustus (UNTAG) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (110.942 KB) | DOI: 10.56444/hdm.v15i1.644

Abstract

The phenomenon of gratification today is so endemic and leads to pathological symptoms, which is a condition in which corruption and gratification have been regarded as "limbs" and are no longer unlawful acts, because in addition to being done independently, corruption and gratification are often done in congregation. Whereas normatively, the regulation on corruption and gratification has been regulated in Law Number 20 Year 2001 concerning the Eradication of Corruption. From the surgical case that has been done can be explained that the increasingly rampant gratification of criminal settings in this country is set in Law No. 20 of 2001 on Corruption Eradication with the threat and maximum penalty of life and penalty of 1 billion rupiah, still less serious, less factual, and still limitative in nature, where the requirement for maximum sanction on the perpetrators of gratification crime proven by the court is considered difficult to be fulfilled, because it is based only on the condition of the occurrence of a momentum. From the Supreme Court's ruling it can also be drawn the understanding that the enactment of a life sentence against drug offenders is included because the crime has serious implications for the sustainability of life in society, so that if corruption is based on the same thing,similar to other special crimes. Law enforcement on bribery and gratification in Indonesia is relatively low, although Indonesia has had anti-gratification enforcement devices. However, the implementation of this regulation will still face several obstacles in terms of regulation, enforcement, and community perspective on money laundering crime. When viewed from the point of substance there is still a gap 
Analisa Yuridis Hak Terdakwa Dalam Persidangan Yang Dilakukan Secara Elektronik Ilham Ali; Sunarto Sunarto
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i2.126

Abstract

The presence of the E Court system in online trials creates legal loopholes regarding violations of the defendant's rights in trials regarding Due Process Law. The court cannot ignore this fact. Therefore, it is necessary to carry out an in-depth study and analysis to ensure that the implementation of electronic trials does not violate important principles needed to maintain justice and the human rights of defendants during the trial process. Formulation of the Problem of this Thesis How to regulate the defendant's consent in the implementation of electronic criminal trials in Indonesia? and What is the electronic criminal trial mechanism that guarantees due process? The research method used by the author is Normative Juridical to study E-Court from the perspective of applicable laws and regulations and legal principles. The results of the research are that the regulation of the defendant's consent in carrying out criminal justice electronically in Indonesia based on Perma 4 of 2020 is an effort to protect the defendant's rights in the criminal justice process. The defendant's consent is necessary to ensure that the defendant understands his or her rights and is not forced to participate in the trial electronically. Perma Number 4 of 2020 regulates several ways to carry out electronic trials, such as defendants attending the trial from the place of detention with or without being accompanied by a Legal Advisor, or defendants who are not detained can attend the trial in the Court's court room or at the Prosecutor's office accompanied or without being accompanied by an Advisor. Law. This defendant consent mechanism must also pay attention to complete and timely notification to the defendant, the defendant's access to necessary technology, the defendant's right to be represented by a lawyer, preservation of trial recordings, and special consideration of personal rights and data security.
Co-Authors Ilham Ali