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Ismansyah Ismansyah
Universitas Andalas
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Kekuatan Pembuktian Surat Dibawah Tangan yang Dilegalisasi oleh Notaris (Studi Kasus Putusan Nomor 362/PID.B/2020/PN PDG) Nanda, Novitra; Ismansyah, Ismansyah; Fendri, Azmi
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.900

Abstract

Humans as social beings are always in contact with other humans, where in human relations they often make agreements both verbally and in writing which lead to an agreement. An agreement made in writing intends to provide legal certainty and legal protection for both parties if a dispute occurs between them at any time. In a written agreement, the subject and object of the agreement will be clearly visible. While the object can be described as something that is done by the subject, namely things that are obligatory to the authorities against which party has the right. A written agreement can be made by private deed or by authentic deed. Authentic deed made by a Notary. Notary as a public official who is the only one authorized to make authentic deeds and other authorities determined by law. In court, if what is presented as evidence is only an underhanded deed considering the limited strength of evidence, then other supporting evidence is still being sought so that evidence is obtained which is considered sufficient to reach the truth according to law. Based on this, problems arise regarding: 1) What is the judge's consideration of Decision Number 362/Pid.B/2020/PN Pdg regarding private letters legalized by a Notary. 2) What are the legal consequences of private letters legalized by a Notary against Decision Number 362/Pid.B/2020/PN Pdg. This study uses the Normative method, namely by examining primary, secondary and tertiary legal materials. Based on the results of the research, the judge's consideration of Decision Number 362/Pid.B/2020/PN Pdg is related to private letters legalized by a Notary, proof of letters, namely the legalization of private deeds which only have formal evidentiary strength, namely the strength of evidence which provides certainty that an incident has actually occurred which is contained in the private deed by the parties and public officials have acknowledged it. single public prosecutor. The legal consequence of private documents legalized by a notary is that private deeds do not have perfect evidentiary legal consequences because they lie in the signatures of all parties to the agreement. An underhand deed only gives legal consequences of proof that are perfect for the benefit of the party to whom the signatory wants to provide evidence, while for third parties the legal consequences of proof are free.
Perlindungan Hukum terhadap Korban Tindak Pidana Peretasan (Hacking) Berkaitan dengan Pencurian Data Hidayatullah, Tri Andika; Ismansyah, Ismansyah; Mulyati, Nani
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.935

Abstract

Hacking is used for other purposes that are detrimental. Legal protection for hacking is regulated in Law Number 19 of 2016. Problem Formulation What is the legal action taken by law enforcers regarding the eradication of criminal acts related to data theft? What is the legal protection for victims of hacking crimes related to data theft? What obstacles do law enforcers encounter in legal protection for victims of hacking crimes related to data theft? Type of research Normative legal research is supported by interviews. Data sources include primary data and secondary data. Data collection techniques are document studies and interviews. Data were analyzed descriptive-analytical. Conclusion of the research results: Law enforcement against hacking or hacking still does not reflect effective law enforcement due to a lack of understanding by investigators. Legal protection is divided into two kinds of preventive legal protection and repressive legal protection. Obstacles encountered by law enforcers in protection law against victims of criminal acts of hacking related to data theft, consists of several aspects, namely: investigator aspects, aspects of evidence in the investigation process, aspects of facilities, aspects of jurisdiction
Kekuatan Pembuktian Akta Dibawah Tangan yang Disahkan oleh Notaris pada Perkara Perdata (Studi Kasus Perkara Nomor 75/Pdt.G/2020/PN Pdg) Sarza, Rinaldi; Ismansyah, Ismansyah; Fendri, Azmi
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.938

Abstract

This study aims to find out and analyze how the power of underhanded deeds legalized by a notary as evidence in the trial process at court in civil cases, to find out and analyze the judge's consideration of civil case decisions, and to find out and analyze the notary's responsibility for the deed has been legalized in the Civil Code. The research method in this research is the normative research method. Normative legal research is legal research carried out by examining library materials or secondary data. The results of this study, want to show how the power of underhanded deeds legalized by a notary in civil cases, basically the strength of proof of underhanded deeds legalized by a notary the power of proof cannot be equated with an authentic deed, underhanded deed legalized by a notary if denied the power changes as proof of the beginning of writing.
Pertimbangan Penuntut Umum Memilih Tempat Terjadinya Tindak Pidana Dalam Mendakwa Pelaku Yang Melakukan Tindak Pidana di Luar Daerah Hukumnya Pada Surat Dakwaan Register Perkara: Pdm-15/Ppjng/Eoh.2/03/2021 Eka Putri, Yunita; Ismansyah, Ismansyah; Zurnetti, Aria
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.940

Abstract

Public Prosecutor is a prosecutor at the Attorney General's Office of the Republic of Indonesia who is authorized by law to conduct prosecutions, which process includes the authority to compose indictments. In exercising this authority, Article 15 and Article 137 of the Criminal Procedural Code (KUHAP) provide limitations for Public Prosecutors to conduct prosecutions within their jurisdictions, however, in practice it is found that Public Prosecutors indict criminal offenders who committed crimes outside their given jurisdiction (extra-jurisdictional). To study this phenomenon and its legal consequences, this research examines the consideration of the Public Prosecutor at Padang Panjang District Prosecutor's Office who indicted the perpetrator of criminal offense outside its given jurisdiction, as found in indictment No. PDM-15/PPJNG/Eoh.2/03/2021 on behalf of the defendant Aziarlis Bin Ameh Pgl Ziar, by employing empirical legal research methods based on primary data obtained by interviewing related Judges, lawyer and Public Prosecutors and also based on secondary data obtained through literature studies of various regulations and references that are analyzed qualitatively. This study finds that despite the restrictions imposed by KUHAP, extra-jurisdictional indictment is made possible through several provision in legislation, including Article 2 paragraph (3) of Law Number 16 Year 2004 concerning the Attorney General’s Office of the Republic of Indonesia. This study also recommends that the Supreme Court should consistently apply Article 4 paragraph (1) of Law No. 49 year 2009 concerning the Second Amendment to Law No. 2 Year 1986 concerning General Courts, which is included as a consideration in Chief Justice Decree No. 200/KMA/SK/X/2018.
Penerapan Unsur Tindak Pidana oleh Penyidik Terhadap Tindakan Penebangan Pohon pada Kawasan Hutan Lindung Pratama, Yuda Amgu; Ismansyah, Ismansyah
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.944

Abstract

Reports of cases of illegal logging that occurred in areas of West Sumatra province were based on data from the Ditreskrimsus and Satwil Sejajaran Polda West Sumatra that reports of criminal acts of illegal logging at the Pasaman Police were 5 (five) cases, Dharmasraya Police were 2 (two) cases, Pesisir Selatan Police with 9 (nine) cases, Tanah Datar Police with 3 (three) cases. This study uses an empirical juridical approach. The Application of Elements of Crime by Investigators at the Tanah Datar Police Criminal Investigation Unit Against the Action of Logging Trees in Protected Forest Areas. Subjectively the element applied is "everyone" which is aimed at the person who did it. The suspect was logging trees in a forest area that was not in accordance with the forest utilization permit located in the Bukit Mantobak Forest Area in the Guguak Bancah Jor area. Galanggang Nag. Edge Selo Kec. Lintau Buo Utara Kab. Flat Land. The objective element is the act committed, namely illegal logging of trees in the forest area. While Article 55 paragraph (1) to 1e of the Criminal Code is applied because it is done jointly because there are people who order to cut down trees in the forest area without having a permit and the others are people who participate in committing a crime. Obstacles in the Application of Elements of a Criminal Act by Investigators at the Satreskrim Polres Tanah Datar for the Action of Logging Trees in Protected Forest Areas is an internal factor, namely the human factor (law enforcement officials) where the lack of technical skills related to mastery in the field of licensing in the forestry sector. External factors include the relatively low level of public legal awareness, the reluctance of members of the public to become witnesses, because they are busy and because they are threatened by suspects.
Perlindungan Hukum Terhadap Notaris dalam Proses Penyidikan Perkara Pidana Terkait Akta Otentik (Studi Kasus Putusan Pengadilan Tata Usaha Negara Tanjungpinang Nomor 13/G/2018/PTUN-TPI) Suzeta, Berliana; Ismansyah, Ismansyah; Yasniwati, Yasniwati
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1099

Abstract

In Carrying out his position, a Notary has the potential to be involved in legal cases, including criminal law cases, which result in him having to be examined by investigators, public prosecutors and judges. Based on Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the position of Notary, the examination of a Notary is carried out with the approval of the Notary honorary council. Basically this approval is necessary because to protect the Notary from breaches of disclosing the secret of the deed and to protect the Notary’s own deed so that it remains confidential. To review and analyze this research, the authors used the statutory approach and the conceptual approach. The results of the study show that the rules for summoning a Notary by an investigator are related to a Notary deed that has an indication of a criminal act regulated in Article 66 paragraph (1) of Law Number 2 of 2014 and Permenkumham Number 17 of 2021. Notary summons by an investigator must have the approval of the assembly honorary regional Notary. The procedures are: First, the investigator submits a letter of request for summons of a Notary to the regional Notary honorary council; Second, the regional Notary honorary council forms the examining council; Third, the examining council conducts an examination of the Notary; Fourth, the examining council submits a report to the head of the regional Notary honorary council; Fifth, the regional Notary honorary council provides answers regarding giving approval or refusing. Notaries in providing legal services to the public need to get legal protection and guarantees from the state, in this case through the regional Notary honorary council. The legal protection in question is that investigators may not immediately summon or examine a Notary, without prior approval from the regional Notary honorary council. If the investigator commits the violation, then the investigator’s actions can be categorized as an act that violates the law, so that the summons or examination carried out by the investigator has been procedurally flawed.
Rehabilitasi Medik Terhadap Pasien yang Menggunakan Ganja Medis dalam Pengawasan Sebagai Pemenuhan Hak Atas Kesehatan di Indonesia Ismansyah, Ismansyah; Elvandari, Siska; Sofyan, Syofirman
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1132

Abstract

The pattern of medical rehabilitation carried out by countries that legalize the use of medical marijuana, and the process of healing users from narcotic dependence varies, so various strategies and therapies for marijuana use are needed in various countries with emphasis on several indicators, such as: religion, form, and/or the basis of a country, what legal system is adopted by a country, what institutions exist in a country, which really focuses on the values ​​that live and grow in that country, which are feared will affect the aspects of national and state life , undermines the stability of the nation's economy, which of course affects a country's efforts to realize the welfare elements of a country, one of which can be obtained through legal development in general, as well as health development in particular.
Penegakan Hukum oleh Penyidik Satreskrim Kepolisian Resort Limapuluh Kota Terhadap Tindak Pidana Peredaran Rokok Ilegal Luter, Anton; Ismansyah, Ismansyah; Delmiati, Susi
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1243

Abstract

Cases of distribution of goods, especially illegal cigarettes, which are rife in Limapuluh Kota Regency, must be a serious concern. A very significant spike was found in cases resulting from prosecution during the 2019 to 2020 period where the number of illegal cigarettes of various brands destroyed was 4,180,352 (four million one hundred eighty thousand three hundred and fifty two) cigarettes. This research is legal research with descriptive analytical research specifications. The approach used is a normative juridical approach, supported by an empirical juridical approach. The data used is secondary data as main data and primary data as supporting data, which was collected through literature study/document study and field study using interview techniques. The data was then analyzed qualitatively and presented in analytical descriptive form. Based on the results of research, discussion and analysis, the following conclusions can be drawn: First, law enforcement at the level of investigating criminal acts of distribution of illegal cigarettes at the Fifty Cities Police Criminal Investigation Unit by applying the provisions of Article 199 in conjunction with Article 114 of Law Number 36 of 2009 concerning Health in conjunction with Article 62 Paragraph ( 1) Juncto Article 8 Paragraph (1) Letter I of Law Number 8 of 1999 concerning consumer protection Juncto Article 55, Article 56 of the Criminal Code. Second, the obstacles faced by the Limapuluh Kota Resort Police Criminal Investigation Unit in enforcing the law against the criminal act of distributing illegal cigarettes are the lack of personnel, lack of community role and the difficulty of finding illegal cigarette distributors. Third, the efforts made by the Limapuluh Kota Resort Police Criminal Investigation Unit in enforcing the law against the criminal act of distributing illegal cigarettes are by conducting examinations of health experts, conducting examinations of criminal experts and conducting examinations of witnesses of PT Leadon Tobacco, which is a factory that produces Luffman brand cigarettes.
Pertimbangan Hakim dalam Menjatuhkan Pidana di Bawah Ancaman Minimum Khusus Terhadap Pelaku Tindak Pidana Pencabulan Anak. (Studi Kasus Putusan Pengadilan Negeri Payakumbuh Nomor 120/Pid.Sus/2022) Kusuma Wardani, Khofifah; Ismansyah, Ismansyah; Zurnetti, Aria
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1338

Abstract

The norms of judge's consideration are regulated juridically in Article 183 of the Criminal Procedure Code, which states that a judge, when imposing a crime on a defendant, may not impose the crime unless there are at least two valid pieces of evidence, so that the judge has confidence that a crime actually occurred and the defendant is guilty of doing it. The case that often occurs is child molestation as regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection. The purpose of legal regulations regarding child molestation is to protect child victims from perpetrators of these crimes. In its application, discrepancies were found between written legal rules and those applied by judges. Another case of child molestation that occurred and that the author examined was in Payakumbuh, case number 120/Pid.Sus/2022/PN. This is quite unfortunate with the existence of SEMA Number 1 of 2017, because ultimately it is not SEMA that clarifies or provides guidance to Judges, but rather disrupts the legal order and tries to create new norms in the midst of existing norms. The conclusions (1) The judge's considerations from the "justice side" which are guided by SEMA Number 1 of 2017 according to the author have not paid attention to considerations of philosophical, juridical, sociological, educative, preventive, corrective and repressive aspects of imposing a crime below the special minimum for the crime of child molestation. . (2) It is realized that evidence in the form of the defendant's own confession does not always prove the truth. Confession sometimes does not guarantee that the defendant actually committed the act charged. Therefore, the Judge's own confidence is needed. The suggestions that the author makes are (1) Judges in making legal considerations are expected to be able to make them more comprehensively, especially in the case of SEMA Number 1 of 2017. (2) it is recommended that every member of the community take an active role in preventing and dealing with the problem of sexual abuse, such as Immediately report to the authorities if you see and find out.
Euthanasia Dalam Perspektif Hukum Pidana Indonesia Habibiellah Huda; Ismansyah, Ismansyah; Edita Elda
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1956

Abstract

The increasing development of technology in the health sector has led to many new things that can be done, one of which is euthanasia which is often debated in Indonesia and around the world. Euthanasia comes from the words "eu" which means good and "thanatos" which means to die, so euthanasia means to die well. Euthanasia is a very complex and complicated problem so there are parties who are for and against euthanasia. On the one hand, euthanasia causes the loss of a person's suffering because they cannot tolerate the disease they are suffering from. However, on the other hand, euthanasia causes the loss of a person's life and violates the principles of human rights. Regulations related to this matter have not been specifically regulated in Indonesian positive law. This research aims to determine euthanasia regulations from the perspective of Indonesian criminal law, euthanasia in international regulation and comparisons with other countries, as well as the reasons why euthanasia is prohibited in Indonesia. The research method used is normative legal research. The research results show that the regulation of euthanasia from the perspective of Indonesian criminal law is contained in Article 344 of the Criminal Code and Article 461 of the new Criminal Code for active euthanasia, while for passive euthanasia it is contained in Article 304 of the Criminal Code and Article 428 paragraph (1) of the new Criminal Code. In international regulation, euthanasia is not specifically regulated, but in the Declaration of Human Rights and the International Covenant on Civil and Political Rights euthanasia is contrary to the right to life, while the right to die is not regulated therein. From a comparison of 6 countries, there are countries that prohibit euthanasia, namely Indonesia, America, England and China, while the Netherlands and Germany allow euthanasia. The underlying reasons why euthanasia is prohibited in Indonesia are in the aspects of religion, positive law, court decisions, health law and human rights.
Co-Authors Ajang, Yupiter Anton Luter Apred Zenegger, Tigor Ardyan, Ardyan Aria Zurnetti, Aria Awilda Awilda Awilda, Awilda Azmi Fendri Bahary, Syamsul Berliana Suzeta Budiyanto Budiyanto Cantiqa, Karenina Dea Tri Afrida Dia Ikhsan Edita Elda Elwi Danil Fadhillah Sabri Fadillah Sabri Firmansyah Firmansyah Frana Andrianur Gerry Jardan Habibiellah Huda Harisa, Yossi Henni Muchtar Hidayat, Zulfian Hidayatullah, Tri Andika Ikhsan, Dia Indah Eka Putri Indy Zhafira Jardan, Gerry Jhon Tyson Pelawi Khairani Khairani Khairul Fahmi Khofifah Kusuma Wardani Kusuma Wardani, Khofifah Luter, Anton Marlina Marlina Maron, Yogi Maulani, Reza Sri Muhammad Yamin Lubis, Muhammad Yamin Mukhti, Putri Cempaka Mursalin, Adinda Faradilla Muslihannisa Muslihannisa Nanda, Novitra Nani Mulyati Nidya Sari, Tri Novitra Nanda Nur Afdhaliyah Nur Afdhaliyah Nursyahid Siregar Otong Rosadi Pratama, Yuda Amgu Purwantoro Agung Sulistyo Ramli Ramli Regianda, Kevin Reza Sri Maulani Rias, A. Irzal Ridwan Rinaldi Sarza Rully, Jodie Angelia Sari, Santi Kumala Sarza, Rinaldi Satya Marta Ruhiyat Siska Elvandari Sitohang, Yeni Maria Rosalina Sofyan, Syofirman Subardy, Muhammad Rizky Suharizal, Suharizal Sukmareni Sukmareni, Sukmareni Susi Delmiati Suzeta, Berliana Syofiarti Syofirman Syofyan Tri Andika Hidayatullah Wicaksana, Maharani Adhyaksantari Yasniwati, Yasniwati Yetti, Hafiza Yogi Maron Yoserwan Yoserwan Yoserwan Yoserwan, Yoserwan Yudari, Laras Yunita Eka Putri Yunita Eka Putri Zainul Daulay Zhafira, Indy