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EDITORIAL: Hukum & Pengadilan Abdul Ficar Hadjar
Jurnal Hukum PRIORIS Vol. 6 No. 2 (2017): Jurnal Hukum Prioris Volume 6 Nomor 2 Tahun 2017
Publisher : Faculty of Law, Trisakti University

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PERBANDINGAN PEMERIKSAAN DAN PENJATUHAN SANKSI TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN OLEH ANAK MENURUT SISTEM PERADILAN INDONESIA DAN BELANDA: Comparison Of Examination And Sanctioning Of Murder Committed By Children According To The Indonesian And Netherlands Judicial Systems Ade Putri Agustini; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21126

Currently, the rate of homicide in Indonesia by children is increasing, which raises concerns in the justice system as children are the next generation of the country's ideals. For this reason, Indonesia stipulates special regulations stipulated in Law No. 11/2012 while the Netherlands in the Wetboek van Strafrecht and Wetboek van Strafvordering. The problem of this artcle is how the similarities and differences regarding the examination and imposition of sanctions for the crime of murder by children according to the Indonesian and Netherlands justice systems. The research method used is descriptive normative legal research method using secondary data obtained from literature study. This research aims to analyze the examination and imposition of sanctions for criminal acts of murder committed by children according to the Indonesian and Netherlands justice systems. The discussion results and the conclusion that the similarities are in the legal system of the country, the elements of the crime of murder, the examination in court, the imposition of sanctions and fostering institutions while the differences are the regulatory provisions, the age limit of the child and the period of time regarding the procedure.

PENERAPAN KETENTUAN TENTANG RESTORATIVE JUSTICE PADA TINDAK PIDANA KEKERAASAN DALAM RUMAH TANGGA (STUDI PUTUSAN NO 56/PID.SUS/PN BDW): Implementation Of Restorative Justice Provisions In Cases Of Domestic Violence Crimes (Verdict Study No56/Pid.Sus/PNBdw) Vinsky Nayla Chairunnisa Siregar; Abdul Ficar Hadjar
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23004

Restorative Justice is an alternative method for resolving criminal acts, including complaint offenses as seen in Decision No. 56/PidSus/2020/PN BDW. The identification of the problem in this research is whether the application of Restorative Justice in cases of domestic violence complies with Law No. 23 of 2004 and whether the judge's decision aligns with the applicable laws. The research was conducted using a normative, descriptive-analytical approach, utilizing secondary data. Based on the research results and conclusions, it is concluded that the application of restorative justice in this case follows the mechanism regulated in the Director General of General Courts Decree No.1691/DJU/SK/PS.00/12/2020. Although a peace agreement and withdrawal of complaints occurred, this does not eliminate the criminal liability of the defendant. The judge also decided that the defendant does not need to serve a prison sentence. However, the researcher suggests that peace in the concept of restorative justice should not only function as a mitigating factor but also as a reason to abolish punishment and regulate the legal settlement of domestic violence criminal cases more clearly. If domestic violence cases do not meet the criteria for restorative justice, the formalistic criminal justice system may be applied.

ANALISIS YURIDIS PUTUSAN ULTRA PETITA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA BERDASARKAN KUHAP Chelsy Tamara Siahaan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15857

A judge's ruling is a part of the criminal justice system. Because the indictment serves as the foundation for assessing criminal cases, the judge's decision must be based on it. In actuality, judgments are frequently made without regard to indictments. What is the legal foundation for and ramifications of the ultra petita decision? The research methodology employs normative law, is descriptive analytical, relies on secondary data, uses qualitative data analysis, and draws findings using a deductive approach. The findings of the study and debate demonstrate that the cassation decision was erroneous since the judge did not base his decision on the public prosecutor's indictment, whereas the defendant was charged with using Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) letter a of Law no. 35 of 2009 concerning Narcotics. However, in the decision at the cassation level, the panel of judges decided to use Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics in which the Public Prosecutor did not indict that article. Decisions that exceed charges or ultra petita are prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code. Conclusion; then the ultra petita decision is prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code.

- ANALISIS PUTUSAN NOMOR 85/PID/SUS/ 2022/PN.JAP TERHADAP PUTUSAN BEBAS TINDAK PIDANA NARKOTIKA : - Nanda Harwijaya Arsy; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18369

In Decision Number 85/Pid.Sus/2022/PN.Jap, defendant Samuel Julian Yoku was acquitted by the Panel of Judges at the Jayapura Court. Despite the seizure of 61.84 grams of narcotics from the defendant, the defendant's actions actually violated Article 11 paragraph (1) in conjunction with Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, as there were no users involved. This research is of a normative juridical type and descriptive in nature, utilizing secondary data and qualitative analysis to draw deductive conclusions. The research discussion results reveal that the considerations of the Panel of Judges in granting acquittal to the accused should have taken into account the consequences of the defendant's deliberate purchase of narcotics. The conclusion of this study is that the judge's considerations did not adequately uphold the principle of legality, as the defendant, based on the trial's disclosed facts, possessed cannabis-type narcotics and was supported by witness testimonies presented during the trial.

KELALAIAN PELAKSANAAN PUTUSAN ATAS TINDAK PIDANA KORUPSI (PUTUSAN MAHKAMAH AGUNG NOMOR. 321. K/PID.SUS/2019) Rizqi Maharani Ginting; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18455

Supreme Court Decision Number 321 K/PID.SUS/2019 discusses acts against the law related to criminal acts of corruption. The problem in this research is why the forced detention measures were not applied in the corruption trial process referred to in the Supreme Court Decision Number 321 K/PID.SUS/2019 and what are the legal consequences of the corruption criminal justice process which does not apply detention to the defendant in the case. The research method used is normative law. The results of the research and discussion concluded that the forced detention of the accused was not carried out due to wrong legal considerations. In addition, there are no legal consequences from the corruption trial process without detaining the accused, because the decision to detain is in the hands of law enforcement officials who consider that detention is not necessary for the accused. Conclusion in research

PUTUSAN TINDAK PIDANA NARKOTIKA YANG DIPUTUS DILUAR DARI DAKWAAN PENUNTUT UMUM : Drug Offences Decided Outside Of The Public Prosecutor'S Indictment Jihan Sukmawati Daratu; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19091

In rendering a verdict, a judge is restricted from imposing a punishment if the criminal act is not specified in the charges filed by the public prosecutor. However, in narcotics cases, judges often decide to use articles not listed in the indictment, citing SEMA No 3/2015 as justification. The problem in the case of narcotics, specifically Number 7692 K Pid.Sus/2022, is whether the judge's decision to penalize the defendant with an uncharged article aligns with legal regulations. Additionally, it questions if the legal consequences of the imposed criminal sanctions deviate from the public prosecutor's indictment in the narcotics offense. To address these issues, the research method employed is normative legal research, using secondary data from primary and secondary legal materials, with a descriptive-analytical approach and deductive conclusions. The research findings reveal that the judge deems the defendant not a drug abuser due to a relatively small quantity of narcotics found. However, the judge overlooks the fact that the defendant engaged in transactions with several individuals, suggesting that the public prosecutor's article should have been applicable. In conclusion, the verdict beyond the indictment should be legally null, releasing the defendant from all legal claims.

PENAFSIRAN HUKUM HAKIM YANG DIGUNAKAN DALAM MEMUTUS PERKARA KORUPSI BANSOS JULIARI BATUBARA : Judicial Interpretation Used in Deciding the Corruption Case of Social Assistance Funds (BANSOS) of Juliari Batubara Johannes Agustinus Riady; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19202

Indonesia is one of the countries that adheres to the Continental European Legal System (Civil Law System), where the legal system heavily relies on statutory regulations. However, if the written laws are not found or are insufficient, judges have the authority to interpret the law in deciding a case. In 2020, during the impact of the Covid-19 virus in Indonesia, the Minister of Social Affairs, Juliari Batubara, was implicated in corruption related to the procurement of social assistance funds (bansos) amounting to Rp. 32 billion. The research question to be discussed is what legal interpretation was employed by the judge in deciding the corruption case related to bansos committed by Juliari Batubara (verdict number 29/pid.sus-TPK/2021/PN.JKT.PST). The research method used is normative and analyzed descriptively qualitatively. The research findings indicate that the judge's legal interpretation in deciding this case is based on a comprehensive analysis of each article and written law, correlated with the evidence revealed during the trial. Consequently, in the verdict, the judge has a thorough conviction. The conclusion drawn from this research is that the judge, in deciding the bansos case involving Juliari Batubara, employs a systematic and logical legal interpretation.

Indonesia ANALISIS KOMPARASI PROSEDUR PELAKSANAAN HUKUMAN MATI INDONESIA DAN THAILAND: Comparative Analysis Of Death Penalty Implementation Procedures In Indonesia And Thailand Calvino Endryan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19226

In Indonesia, the death penalty is carried out by an execution team, following regulations outlined in Presidential Decree No. 2 of 1964 on the Execution Procedure of the Death Penalty by General and Military Courts, and National Police Chief Decree No. 12 of 2010 on the Implementation Procedure of the Death Penalty. In contrast, Thailand administers the death penalty through lethal injection, based on the Thai Penal Code B.E. 2499, 1956. The formulation of this research problem is the similarities and differences in the implementation of the death penalty in Indonesia and Thailand, and the weaknesses and strengths of the implementation of the death penalty in Indonesia and Thailand. The research was carried out using a normative juridical research method, using secondary data which collected data through literature study and qualitative analysis. The research results show that the death penalty regulations in Indonesia and Thailand have similarities and differences. Similarities include procedures before carrying out an execution and differences regarding the execution. And the research results illustrate the weaknesses and strengths of the implementation of the death penalty between Indonesia and Thailand which can be used as an evaluation for the two countries.

KEBERADAAN KETERANGAN HASIL DARI LIE DETECTOR SEBAGAI ALAT BUKTI DALAM PEMERIKSAAN TINDAK PIDANA PEMBUNUHAN BERENCANA ALM. NOFRIANSYAH YOSUA HUTABARAT (STUDI PUTUSAN NO. 796/PID.B/2022/PN JKT.SEL): The Existence Of Information Result From The Lie Detector As Evidence In The Examination Of The Crime Of Premeditated Murder Of The Late Nofriansyah Yosua Hutabarat (Study Of Decision No. 796/Pid.B/2022/Pn Jkt.Sel)). Allesandro Nesta Mahat; Abdul Ficar Hadjar
Jurnal Hukum PRIORIS Vol. 12 No. 2 (2024): Jurnal Hukum Prioris Volume 12 Nomor 2 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i2.24908

Legal ambiguity can be caused by the limitations and breadth of evidence that is not covered by Law Number 8 of 1981 (KUHAP). The use of a lie detector as an investigator's instrument can assist the investigator in guiding further investigation or determining the direction of the investigation. The identification of the problem that the author discusses in this thesis is whether the results of the lie detector are in accordance with the Criminal Procedure Code and what are the legal consequences of the lie detector results. The method of writing that the author uses is normative legal, the nature of descriptive writing, the type of data using secondary data, and the conclusion is drawn by deductive logic. There are different interpretations regarding the use of Lie Detector in Decision No. 796/Pid.B/PN.Jkt.Sel in proving criminal cases. Some parties argue that Lie Detector is evidence, while others argue that Lie Detector is evidence. However, from the perspective of legal experts, Lie Detector is only considered as an instrument or tool to assist investigators in uncovering criminal acts and providing more detailed clarification. The use of Lie Detector is still a controversy.

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