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Gatot Triyanto
Universitas Moch. Sroedji Jember

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Proses Penyidikan terhadap Tindak Pidana Persetubuhan Terhadap Anak dibawah Umur di Polres Jember (Studi Kasus Perkara No. BP/447/XII/2011/Reskrim) Gatot Triyanto
JURNAL RECHTENS Vol. 5 No. 1 (2016): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.938 KB) | DOI: 10.36835/rechtens.v5i1.124

Abstract

Duties and authority of the police is not just become an investigator after the case occurred but will also have an important role in preventing the occurrence of felony obscenity against children, since children are so precious asset of the nation, becoming a beacon of hope for the nation's future. In connection with legal proceedings related to the process of investigation of criminal intercourse against minors are facts that the implementation process of the investigation of the crime of sexual intercourse with the accused minors are examined in the office of the Police Resort Jember has been done by the criminal procedural law, it is seen from had done investigator action procedures in conducting the investigation. Although the rights of the child suspects in the investigation process in the Police has been implemented smoothly. But on the contrary the application of the rights of children as victims of crime, has not been fully implemented. The victim if only as a witness and less attention on the state of mental trauma after giving information about the incident before investigators.
Ratio Legis Perbedaan Rumusan Delik Pasal 2 dan Pasal 3 Undang-Undang Nomor 31 Tahun 1999 Jo. Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi Gatot Triyanto
JURNAL RECHTENS Vol. 6 No. 1 (2017): Juni
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (235.56 KB) | DOI: 10.36835/rechtens.v6i1.198

Abstract

The qualification of criminal acts of corruption is as stated in Article 2 and Article 3 of Law no. 31 year 1999 jo. UU no. Law No. 20 of 2001. In further detail, according to Article 2, the meaning  of  a  criminal  act  of  corruption  has  the  following  elements:  Every  person; Unlawfully; Perform an enriching act of self or another person or a corporation; Which can harm the state finance or state economy. Whereas according to Article 3 the elements of corruption acts, are as follows: Every person; For the purpose of benefiting oneself or others or a corporation; Abuses any authority, opportunity or means available to him due to position or position, which may harm the state's finances or the economy of the country. Article 2 and Article 3 mentioned above, there are differences and similarities. The equality of the two chapters lies in the imposition of the "Everyone" and the Elements "may harm the state economy and state finances". As for the difference lies in the formulation of Article 2 which states the phrase "unlawfully" and "enrich themselves or others or a corporation", while the formulation of article 3 includes the phrase "Abusing the authority, opportunity or means available to him because of position or position "And" to benefit oneself or others or a corporation. "