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All Journal Masalah-Masalah Hukum Journal of Humanity Indonesia Prime Jurnal Yudisial Indonesian Journal of Legality of Law Clavia: Journal of Law
MARWAN MAS
Bosowa University
Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS HUKUM TERHADAP PENYAMPAIAN INFORMASI YANG MNEYESATKAN YANG MENGAKIBATKAN KERUGIAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK (Studi Kasus Putusan No.650/Pid.Sus/PN Mks): LEGAL ANALYSIS OF THE SUBMISSION OF MISLEADING INFORMATION THAT CAUSES CONSUMER LOSS IN ELECTRONIC TRANSACTIONS (Case Study of Decision No.650/Pid.Sus/PN Mks) Iksan Ariyanto; Mas, Marwan; Hamid, Abd. Haris
Clavia Vol. 19 No. 2 (2021): Clavia : Journal of Law , Agustus 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (264.388 KB) | DOI: 10.56326/clavia.v19i2.1119

Abstract

This study aims to determine: 1) The application of criminal sanctions against the delivery of misleading information that results in consumer losses in electronic transactions in criminal case number 650/Pid.Sus./2020/PN.Mks; 2) The judge's legal considerations in imposing a criminal decision on the delivery of misleading information that results in consumer losses in electronic transactions in decision number 650/Pid.Sus/2020/PN.Mks The research method of the research is descriptive qualitative research by conducting interviews with related parties who handle these cases. The results of the study shows that: 1) The application of criminal sanctions against the delivery of misleading information that results in consumer losses in electronic transactions in the decision of case number 650/Pid.Sus/2020/PN.Mks has not shown a sense of justice for consumers (victims), because it only uses one statutory provision. 2) The judge's legal considerations in imposing a criminal decision on the delivery of misleading information that results in consumer losses in electronic transactions in decision number 650/Pid.Sus/2020/PN.Mks,
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMALSUAN SURAT PADA SELEKSI CALON PEGAWAI NEGERI SIPIL DI KABUPATEN TANA TORAJA ( Studi Kasus Putusan Nomor 38/Pid.B/2020/PN Mak ): JURIDICAL REVIEW ON THE CRIMINAL ACT OF CERTIFICATE FORMING ON THE SELECTION OF PROSPECTIVE CIVIL SERVANTS IN TANA TORAJA DISTRICT (Case Study Decision Number 38/Pid.B/2020/PN Mak) Asdillah; Mas, Marwan; Zubaidah, Siti
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1278

Abstract

This thesis aims to find out that the elements of letter forgery have been fulfilled in the decision No.38/Pid.B/2020/PN.Mak. and to find out the basis for the criminal decision of the Makale District Court No.38/Pid.B/2020/PN.Mak. in accordance with applicable law. This research uses normative legal research type. The types of data used are Primary Data and Secondary Data, data from primary legal materials in the form of court decisions and laws. Secondary legal materials refer to books, journals and other readings related to the problems being studied as well as sources of information obtained from interviews with the Panel of Judges to complete the required information. The results of this study indicate that it has been fulfilled and proven starting from elements 1) Whoever, 2) Deliberately participates in using a forged or forged letter as if it were true, if the use of the letter can cause harm. Based on the evidence of these elements, the defendants cannot avoid sanctions to account for the criminal acts committed. Then the basis for the criminal decision of the Makale District Court No.38/Pid.B/2020/PN Mak in deciding the case of the criminal act of forging letters is appropriate considering that the indictment is single. This can be seen based on the explanation of theastatements of the witnesses,athe statements of the accused, the evidence, as well as the existence of juridical considerations, mitigating matters and things that are aggravating the defendant, as well as paying attention to related laws which are strengthened by the judge's conviction.
ANALISIS PUTUSAN PERKARA PIDANA NO / 52 / PID.SUS – TPK / 2019 / PN. MKS TENTANG TINDAK PIDANA KORUPSI: DECISION ANALYSIS OF CRIMINAL CASE NO / 52 / PID.SUS – TPK / 2019 / PN. MKS CONCERNING CRIMINAL ACTS OF CORRUPTION Yustika, Mayang; Mas, Marwan; Zubaidah, Siti
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1281

Abstract

Thisaresearch aims to find out how the application of elements of corruption crimes and to know the basis of consideration of judges in deciding the case No:52/Pid.Sus-TPK/2019/PN.Mks. Thisaresearch was conducteda in makassar districtacourt using Normative research method using data collection techniques through interviews, literature studies, and documents. After analyzing the data obtained from the results of the study, the authors used qualitative approach data analysis techniques, which is a research procedure that produces descriptive data. Based on the results of the study the author can conclude that the application of criminal law elements in the corruption of the Village Fund in the verdict No: 52/Pid.Sus-TPK/2019/Pn.Mks has been in accordance with the subsidair indictment chosenaby the Panel of Judges stating thatathe accused was found guilty ofacorruption crimes stipulated in article 3 of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the Eradication of Corruption. As well as in handing down the verdict against the corruption of village funds in the verdict No. 52/Pid.Sus-TPK/2019/Pn.Mks, the panel of judges used juridical and sociological considerations. However, according to the author should judge using philosophical considerations.
PERLINDUNGAN HAK TERSANGKA DALAM PROSES PENYIDIKAN DITINJAU DARI ASPEK PSIKOLOGI HUKUM: PROTECTION OF THE RIGHTS OF SUSPECTS IN THE PROCESS OF INVESTIGATION FROM LEGAL PSYCHOLOGICAL ASPECTS Zakariah, Fadil Rahmat; Mas, Marwan; Oner, Basri
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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

Abstract

This study aims to determine the protection of the suspect's rights in the investigation process in terms of the psychological aspects of the applicable law, so that this problem can be answered clearly both in theory and practice orbdirect observationeinnthenfield. Thiseresearchtwaseconductedeat the Resort Police Office (POLRES) Maros, thefresearch .methodwusediisqa normative researchtmethodothat uses data collectionctechniques, interviews and literature9studies to analyze data using descriptive analysis methods. The resultskof.the study sindicate that in the psychological.aspectkof the investigation, both the investigator and the suspect in providing clear and free information are implemented in Article 50 of the Criminal Procedure Code concerning the Protection of the Rights of Suspects during the Investigation Process. In connection with the objectives of the KUHAP above, in an effort to find material truth in the investigation process by investigators, a suspect or defendant has rights that must be protected by law, namely, the right to receive an immediate examination, the right to make a defense, the right to give information freely and without pressure, the right to legal aid, the right to choose one's own legal counsel, the right to present witnesses, the right not to be burdened with the obligation of proof, the right to visit family and relatives during detention, the right to be tried in a trialsopen too the public, the right to receive compensation and rehabilitation. In relation to the criminal psychology aspect of the suspect, it was during the detention period and the interrogation process felt by the suspect who was interviewed. The suspect personally felt anxious about other suspects and clearly had a psychological impact on him while in detention due to being the only female detainee available.
Co-Authors -, Renaldi Abdul Salam Siku Aksan, Muhammad Anak Agung Istri Sri Wiadnyani Anwar, Andi Ilham Asdillah Astaman Awaluddin Awaluddin Basri Oner Halwan, Muhammad Hamid, Abd. Haris Ikrar AR, Muhammad Iksan Ariyanto Jaya, Benedict Kadriah, Awaluddin Karim, Rahmawati Mas, Agung Ayatullah Munarty, Munarty Nur, Rusnandi Nurwijayanti Pawa, Denny Octovian Arruanbanga Rosliani, Rosliani Ruhunlela, Marlisa Ruslan Renggong Saleh, Abd. Rahman Saleh, Sainal Siku, Abd. Salam Siku, H.Abd Salam Siti Zubaidah Sjarif, Muhtar Sumange Alam, Andi Tahir, Ferdinansyah Usman Usman Wahid, A. Ramlan Widianto, Asep Wununara, Korneles Yulia A. Hasan Yustika, Mayang Zakariah, Fadil Rahmat