Didik Endro Purwoleksono
Fakultas Hukum Universitas Airlangga

Published : 17 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Yuridika

The Applicability of Article 4 Of Anti-Corruption Law And The Theory Of Tort Didik Endro Purwoleksono
Yuridika Vol. 34 No. 1 (2019): Volume 34 No 1 January 2019
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (333.957 KB) | DOI: 10.20473/ydk.v34i1.7552

Abstract

Article 4 of the Indonesian Corruption Law stipulates that the return of state financial losses does not eliminate the criminalization of the perpetrators of criminal acts as referred to in Article 2 and Article 3. What about the suspects or defendants who return the results of corruption related to the theory illegitimacy? There are two theories about the illegitimacy which are; the theory of illegitimacy against the formal law and the theory of illegitimacy against the material law. The theory of illegitimacy against the formal law, providing an understanding that an action, act, or activity is said to be against the law when against the rules set in the law. While through the Decision of the Supreme Court, Indonesia adheres to this theory. According to this theory, an action, act, or activity is said to be against the law when it is against the rules established in the law and according to the conditions is a disgraceful act or illegal. The decision of the Supreme Court provides the criteria for the loss of unlawful nature because of the factors of the state not being harmed, the society served and the defendant not making a profit. With the enactment of this theory, the existence of Article 4 of the Indonesian Corruption Law, becomes invalid with the condition that the results of corruption and its benefits have been returned by the perpetrators of corruption.
Reformulation of Age Limit for Criminal Liability Child Narcotics Dealer Thesar Yudi Prasetya; Didik Endro Purwoleksono; Astutik
Yuridika Vol. 38 No. 2 (2023): Volume 38 No 2 May 2023
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v38i2.47052

Abstract

This article that uses and is based on applicable laws and principles. The legal and regulatory approach is carried out by examining legal provisions, in particular, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2009 concerning Narcotics, and other related regulations to determine and find out the age of a child before the law. relevant in national criminal law. Based on the above approach, the results of the discussion of this study are: Children in conflict with the law are children who are 12 years old but have not reached the age of 18 who are suspected of committing a crime. This definition was derived from a law known as the Law on the Juvenile Criminal Justice System (UU SPPA), which replaced the law known as the Law on Juvenile Courts. As a result of this definition, it is clear that the Legislature has reached a consensus that the age of eight is an inappropriate age for a person to be held accountable for actions they have committed. In terms of handling narcotics cases, especially children as dealers, the prosecutor's attention is needed to better control the results of investigations conducted by the police so that they can catch perpetrators of child narcotics dealers to uncover a large network of narcotics dealers. Until now there has been no study or regulation that specifically regulates the prosecutor's authority to control the results of investigations by the police to be able to catch perpetrators of child narcotics dealers to uncover the large network of narcotics dealers behind them.