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All Journal Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan Unri Conference Series: Community Engagement Verstek Prosiding Seminar Nasional Pengabdian Kepada Masyarakat Jurnal Hukum dan HAM Wara Sains Kanun: Jurnal Ilmu Hukum Jurnal Hukum Mimbar Justitia Indonesian Journal of Criminal Law Studies
Muhammad Rustamaji
Universitas Sebelas Maret
Humanities Economics, Econometrics & Finance Education Energy Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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PEMBUKTIAN YANG DILAKUKAN PENUNTUT UMUM DALAM TINDAK PIDANA PERSETUBUHAN DENGAN ANAK Giovanny Andreana Christya; Muhammad Rustamaji
Verstek Vol 9, No 4: 2021
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72261

Abstract

This study aims to analyze whether the evidence by the public prosecutor in the criminal case of sexual intercourse with a child based on Decision Number 37/Pid.Sus/2022/Pn.Krg is in accordance with Article 184 of the Criminal Procedure Code. This research is included in normative or doctrinal legal research that is prescriptive and applied. This study uses a case approach. In order to collect legal materials in this study, literature study techniques were used by collecting written information from legal materials, which consisted of primary legal materials and secondary legal materials. After obtaining the legal material, an analysis is carried out using the deductive syllogism method. The results of this study indicate that the evidence carried out by the public prosecutor is in accordance with Article 184 of the Criminal Procedure Code because it has submitted valid evidence according to law, namely witness statements, letters, statements of the defendant accompanied by supporting evidence to prove that the defendant is guilty of committing the crime of sexual intercourse with a child . This study aims to analyze whether the evidence by the public prosecutor in the criminal case of sexual intercourse with a child based on Decision Number 37/Pid.Sus/2022/Pn.Krg is in accordance with Article 184 of the Criminal Procedure Code. This research is included in normative or doctrinal legal research that is prescriptive and applied. This study uses a case approach. In order to collect legal materials in this study, literature study techniques were used by collecting written information from legal materials, which consisted of primary legal materials and secondary legal materials. After obtaining the legal material, an analysis is carried out using the deductive syllogism method. The results of this study indicate that the evidence carried out by the public prosecutor is in accordance with Article 184 of the Criminal Procedure Code because it has submitted valid evidence according to law, namely witness statements, letters, statements of the defendant accompanied by supporting evidence to prove that the defendant is guilty of committing the crime of sexual intercourse with a child.Keywords: evidence, child intercourse
URGENSI PEMBUKTIAN DALAM PERSIDANGAN TINDAK PIDANA ELEKTRONIK Hizkia Andhitya Wijaya; Muhammad Rustamaji
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73615

Abstract

This article analyzes the urgency of the evidentiary process in electronic criminal trials. This study aims to determine the importance of the evidentiary process in an electronic crime trial where in an electronic crime the evidence submitted is not only tangible but intangible evidence. This research is a normative legal research that is prescriptive and applied. The legal material collection technique used in this study is the document study technique or library study technique. The collection of legal materials is carried out through document studies and literature studies. Based on the results of the research, it shows that proof in electronic crime is the main thing, because in the proof what is sought is material truth, that a crime has occurred and it is the defendant who is guilty of committing it. The court is bound by a rule or methods or provisions of evidence as stipulated in the law. Legitimate evidence must be carried out in court in accordance with the procedures or methods that apply in the law of evidence.Keywords: Evidence, Electronic Crime, Criminal Procedure law
NILAI DAN KEKUATAN PEMBUKTIAN KETERANGAN SAKSI TESTIMONIUM DE AUDITU Daniel Milano Tarigan; Muhammad Rustamaji
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73452

Abstract

There has been a lot of research on obscenity, but the discussion on the use of testimonium de auditu in obscenity cases is of interest to the author. This thesis aims to examine the value and strength of the evidence of the testimonium de auditu and the testimony suitability of witnesses from the testimony of de auditu in cases of sexual abuse of children under the provisions of criminal procedural law. The type of this research is normative legal research which is prescriptive and applied. This legal research uses a case approach. The legal materials used on this research consist of primary and secondary legal materials. The collection of legal material used in this research use library research. The legal material analysis technique used in this law research is the syllogism method with deductive thinking patterns. Based on the results of the research and discussion, it can be concluded that the value and strength of evidence in criminal procedural law are all of free value to the judge, as well as the testimony of the testimonium de auditu. Keywords: Testimonium De Auditu; Value and strength of evidence; Witness testimony
RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PENYELESAIAN PERKARA PIDANA Joel Christofel Hinsa Tambun; Muhammad Rustamaji
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.75165

Abstract

This study aims to find out how restorative justice as an alternative dispute resolution in Indonesia and the benefits obtained when compared to conventional criminal justice processes. The type of research used is normative legal research which is prescriptive and applied. This legal research approach uses a case approach. The legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is library research. The legal material analysis technique used in writing this paper is the syllogism method with deductive thinking patterns. Based on the results of research and discussion it can be seen that the settlement with restorative justice as an alternative settlement of criminal cases focuses on restoring the original conditions between victims, perpetrators and society. Besides that, restorative justice settlement is the answer to the accumulation of files in court.Keywords: alternative dispute resolution; crimes; restorative justice
AKIBAT HUKUM DALAM PENETAPAN PENGAMPUAN PENYANDANG DISABILITAS DI PENGADILAN Muhammad Nur Fahmi; Muhammad Rustamaji
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76141

Abstract

Every human being according to law has the same rights and obligations, but not all of them are capable of carrying out legal actions. For persons with disabilities in carrying out legal actions they are under the protection of this article. The research method was carried out using a descriptive normative approach. Legal materials in the form of documents from library studies, court decisions. Analysis by examining the legal consequences arising from the judge's decision No. 53/Pdt. P/2020/PN Slw Tegal. The results of the study show that the legal consequence of determining the granting of disability by the court is in the form of giving the guardian authority to take legal action. Persons with disabilities are no longer able to carry out legal actions and in carrying out legal activities are carried out by supervisors. The custodian has the responsibility to carry out the mandate to protect those who are assisted in carrying out legal actions.Keywords: Judge's Consideration; Determination of Amnesty; Disabilities
ANALISIS DISPARITAS DALAM PENJATUHAN PUTUSAN BAGI PELAKU TINDAK PIDANA “MAIN HAKIM SENDIRI” (EIGENRICHTING). Adhinda Ratih Nuriana; Muhammad Rustamaji
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.73825

Abstract

This study aims to explain the legal considerations of judges in imposing criminal penalties on perpetrators of "eigenrichting" and to analyze the disparities contained in Decision Number 235/Pid.B/2017/PN.Brb and Decision Number 84/Pid.B/2017/PN .snt. This research is a normative legal research with a prescriptive nature of research and uses a case approach. This research shows that the basis of the judge's legal considerations in the two decisions both considered the elements in Article 170 paragraph (2) 3 of the Criminal Code, all of the defendants have been proven to fulfill the elements of the article. However, in legal considerations, the judge considers juridical aspects such as the indictment, elements of the articles charged, charges and pledoi, as well as non-juridical aspects such as the facts found in the trial. Apart from that, based on the judge's legal argument, what gave rise to the disparity in the two decisions was found in the judge's considerations, namely: 1. The aggravating and mitigating circumstances of the defendant; 2. The background of the defendant's actions; 3. As a result of the defendant's actions; and 4. Purpose of sentencing. Apart from that, other factors that cause disparity are the forgiveness of Decision Number 84/Pid.B/2017/PN.Snt and the provision of condolence money to the victim's family.Keywords : Disparity, Legal Considerations
Pembaruan Hukum Acara Pidana Melalui Telaah Sisi Kemanusiaan Aparat Penegak Hukum Muhammad Rustamaji
Kanun Jurnal Ilmu Hukum Vol 19, No 1 (2017): Vol. 19, No. 1, (April, 2017)
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ABSTRAK: Pembaruan hukum atas Hukum Acara Pidana dapat dilakukan dengan menelisik sisi dinamis manusia dan kemanusiaan aparat penegak hukum.Metode penulisan demikian menggunakan perspektif ilmu hukum yang dikonsepsikan sebagai realitas. Oleh karenanya, kajian empiris atas Hukum Acara Pidana dipilih sebagai kajian yang memandang hukum sebagai kenyataan yang dilakukan oleh manusia. Kajian pada aspek manusia inilah yang akan meruntuhkan Hukum Acara Pidana yang disebut sebagai ‘hukum yang tiada tempat untuk menafsir’. Pembaruan hukum yang tidak sebatas mengkaji norma namun memfokuskan hingga ke tataran nilai demikian, pada akhirnya menemukan keseimbangan penegakan hukum dan perlindungan hak asasi manusia yang harus dipahami oleh para aparat penegak hukum dengan prophetic intelligence. Renewal of Criminal Procedure Law Through the Study of the Human Side of Law Enforcement Officers ABSTRACT: Reform the law on penal procedure can be done by searching the human dynamic and the human side of law enforcement officers. This writing method using the perspective of jurisprudence ia conceived as areality. Therefore, empirical studies on criminal procedural law chosen as the study that looked at the law as a reality that is done by humans. Thus studies of the human aspect, which further undermine the criminal procedural law known as the ‘law that has no place to interpret’. Legal reform is not limited to assessing the norm, but also focus up to the level of value, finally found a balance of law enforcement and the protection of human rights that must be understood by law enforcemeny officer with prophetic intelligence.
PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM Bambang Santoso; Muhammad Rustamaji; Itok Dwi Kurniawan
Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v9i1.3337

Abstract

According to the 1945 Constitution, Indonesia is a state of law.  Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination. Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.
THE STUDY OF MUTUAL LEGAL ASSISTANCE MODEL AND ASSET RECOVERY IN CORRUPTION AFFAIR Muhammad Rustamaji; Bambang Santoso
Indonesian Journal of Criminal Law Studies Vol. 4 No. 2 (2019): Indonesia J. Crim. L. Studies (November, 2019)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v4i2.36301

Abstract

The release of Indonesia Corruption Watch stated that the value of state losses due to corruption cases increased significantly from 2016 to 2017. Through Sociolegal research, this study utilizes a purposive random sampling technique. Data collection techniques used in-depth interviews, observation, documentation and Focus Group Discussion. The data analysis technique uses Miles and Huberman’s interactive analysis. Based on the new mechanism, this study succeeded in revealing the positive aspects of the regulation of seizure of assets resulting from corruption in foreign countries based on the Mutual Legal Assistance Agreement. The research produced findings on the functioning of law enforcement agencies and related institutions in Indonesia in an effort to seize assets resulting from corruption and money laundering stored abroad. In more detail, based on the conception of the reality of cooperation, it is known that in the context of eradicating criminal acts of corruption, failure to return assets resulting from corruption can be said to reduce the 'meaning of punishment' against corruptors. The development of such thinking implies that the eradication of corruption lies not only in the prevention and punishment of corruptors, but also includes actions that can restore asset recovery due to extraordinary crimes. Deprivation of assets resulting from corruption is primarily carried out abroad through Mutual Legal Assistance is a mechanism of international cooperation relating to investigations, prosecutions, and hearings in court proceedings in accordance with the provisions of the state legislation requested.
Co-Authors Adhinda Ratih Nuriana Adimas Wisnu Hidayat Aditya Tri Wijaya Aldi Rizki Khoiruddin Alfin Dwi Novemyanto Alizza Khumaira Assyifa Andini Timoer Putri Arsyad Aldyan Bambang Santoso Bima Adi Wibowo Daniel Milano Tarigan Dita Mulyani Dominica Shinta Elma Dzakya Salsabila Rein Hart Giovanny Andreana Christya Hanif Alwa Mumtaz Hizkia Andhitya Wijaya Ika Putri Wijayanti Indreswari, Rysca Ismawati Septiningsih Itok Dwi Kurniawan Ivana Gisela Ardelia Jelita Kristi Agape Joel Christofel Hinsa Tambun Kadek Dwi Ariani Keisya Kalyana Mahdy Martina Radin Muhammad Ainurrasyid Al-Fikri Muhammad Nur Fahmi Nurul Aulia Fitri Petrus Kanisius Eko K Ragil Listyaningrum Reza Ilham Maulana Silvia Meilani Al Islami Tifani Rizki Dianisa Widyasari Rizki Ananda Yundha Rachmawati Yusriel Bachrie Zakki Adlhiyati Zufar Maulana Ar-Razaq