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All Journal Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Unes Law Review Jurnal Hukum Adigama JURNAL USM LAW REVIEW Jurnal Hukum Lex Generalis Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Hery Firmansyah
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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ANALISIS YURIDIS PENJATUHAN PIDANA DENDA DI BAWAH KETENTUAN MINIMUM KHUSUS OLEH HAKIM DALAM PERKARA TINDAK PIDANA KORUPSI (STUDI PUTUSAN PENGADILAN TINGGI MEDAN NOMOR 12/PID.SUS-TPK/2017/PT.MDN) Maria Eleonora Novena Pritasari; Hery Firmansyah
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10565

Abstract

Corruption is a criminal act that requires extraordinary prevention and handling. One of the efforts to eradicate corruption is the application of special minimum criminal provisions.The implementation of this special minimum criminal sanction needs to be supported by the judge as the law enforcer who determines the severity of the crimes imposed in the judicial system. Often corruption court decisions apply criminal sanctions under a special minimum sentence. Pancasila Sibarani based on Medan High Court Decision Number 12/PID.SUS-TPK/2017/PT.Mdn, was sentenced to a fine of IDR 50,000,000, which deviates from the specific minimum provisions in the law. The research method used in this study is a normative research method based on literature study materials and interviews with practitioners and academics. The results of this study indicate that conviction by judges is entirely dependent on the process of proving and seeking material truth in the case itself. The judge's authority in imposing a sentence must be based on considerations obtained from extracting facts in the trial process.
ANALISIS PERTANGGUNGJAWABAN PIDANA BAGI ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA Sinta Ayu Lestari; Hery Firmansyah
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5276

Abstract

In Indonesia the problem of drug abuse and illicit trade continues to increase, worrying and endangering people's lives. Based on “Law Number 35 of 2009 concerning Narcotics which supersedes Law Number 22 Year 1997”, it has been regulated regarding the prohibition on the use of narcotics which are carried out without permission. In the case of narcotics abuse there are law enforcement officers who handle one of them, the police. The police as the executor and law enforcer have the duty to safeguard security and prevent and eradicate criminal acts as stipulated in the “Republic of Indonesia Police Chief Regulation Number 14 of 2011 concerning the Professional Code of Ethics of the Republic of Indonesia National Police”. In fact, there is a case in Decree “Number 1057 / Pid.Sus / 2018 / PN.Jkt.Tim and Decree Number 906 / Pid.Sus / 2018 / PN.Jkt.Tim”. where members of the police commit criminal acts of narcotics abuse. What is the mechanism of the legal process? and What is the criminal responsibility for members of the police who commit criminal acts of narcotics abuse? The author uses the normative juridical legal method and uses interview data as supporting data. The results reveal that the legal process for police officers who commit narcotics crimes similar to justice for ordinary people is in accordance with the Criminal Procedure Code, the difference is that if there is a process within the police, the police must take into consideration the profession as law enforcement in incriminating matters.
PERAN BALAI PERMASYARAKATAN (BAPAS) KELAS 1 JAKARTA BARAT DALAM PELAKSANAAN PEMBINAAN DI LUAR LEMBAGA TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUMM(ABH) Agata Ascourlina Mourin; Hery Firmansyah
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (649.901 KB) | DOI: 10.24912/adigama.v2i1.5236

Abstract

Juvenile delinquency is a criminal case which is caused by a child. Child convicted has to pass through the Juvenile delinquency system. In Indonesia, our Juvenile system gave some of the alternative criminal punishment beside imprisonment. The alternative criminal punistment are admonition, superision from authorized institution, establishment of child character outside or inside the institutions, work training, become a sosial worker and the last choice is prison punishtment. The best sanction is the one that can make the perpetrator know that the things he/she made are wrong and change their deed became behave well. In this case, author wants to discuss more about establishment of child character outside the institution who was handled by institution of government called Balai Permasyarakatan (BAPAS).
ANALISIS PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PERKOSAAN INSES YANG MELAKUKAN ABORSI PADA TINGKAT PEMERIKSAAN PENGADILAN (STUDI KASUS PUTUSAN NOMOR 5/PID.SUS.ANAK/2018/PN.MBN.) Febefitriany Kusnadi; Hery Firmansyah
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6559

Abstract

Law Number 36 Year 2009 regarding Health still gives room for abortion for a certain reason, namely by reason of medical indications, but medical indications in the law only state the limits, where incest rapes can be used as medical indications for having an abortion so that the crime is abolished. The problem faced is whether there is a violation of procedural law at the examination at the Muara Bulian District Court, related to decision  of  number .5/Pid.Sus.Anak/2018/PN.Mbn and how the legal protection of women victims of incest rape who have an abortion at the court examination level (Study of Case of Decision Number 5/Pid.Sus.Anak/2018/PN.Mbn). Method of research used in writing this thesis is normative legal research. The results showed that violations of the WA during the examination period at Muara Bulian District Court, Jambi were the detention of children who were raped, where the Defendant was still a child category and during the trial process was detained, the child victims of rape clearly needed protection from the trauma of rape experienced. the need for psychosocial assistance from the time of treatment to recovery; and the provision of protection and assistance at every level of the examination starting from the investigation, prosecution, until the examination in the court hearing.
PENERAPAN SANKSI PIDANA DENDA BAGI PELAKU TINDAK PIDANA RINGAN BERDASARKAN PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2012 (Studi Kasus Putusan Nomor 807/Pid.B/2020/PN.Jkt.Utr) Natanine Natanine; Hery Firmansyah
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10573

Abstract

Minor Crimes is a type of crime that is considered to be light and not dangerous. Regulations regarding minor crimes are contained in the Indonesian Criminal Procedure Code (KUHAP) , Indonesian Criminal Code (KUHP) and adjustments were regulated in Supreme Court Regulation Number 2 of 2012. The Supreme Court Regulation was formed because there is a lack of laws regulating minor crimes in the Criminal Code, where the nominal limits and the amount of fines regulated cannot be used in current socio-economic conditions as this time. In addition, based on the 2012 Memorandum of Understanding, the purpose of that Supreme Court Regulation was established to make the fine penalties more effective in the Criminal Code. However, in the Verdict of North Jakarta District Court Number 807/Pid.B/2020/PN.Jkt/ Utr, the minor crimes regulation based on that Supreme Court Regulation were not applied even though the value of the object stolen was under the regulated nominal, and the perpetrators were sentenced to a year in prison instead of sentencing them with fines as per regulated in the Supreme Court Regulation. So the question that arises is, how is the application of fines for perpetrators of minor crimes based on Supreme Court Regulation Number 2 of 2012 in Verdict Number 807 / PID.B / 2020 / PN.Jkt.Utr.?
KEADILAN HUKUM DALAM MEMPERTIMBANGKAN POST TRAUMATIC SYNDROME DISORDER PADA PENJATUHAN PIDANA DALAM PENGADILAN TINGGI NOMOR 9/Pid.SusAnak//2020/PT DKI Syarah Alfiatin; Hery Firmansyah
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13594

Abstract

As the law states, Indonesia has the purpose of protecting the entire Indonesian nation and all Indonesian bloodshed. It is clearly stated in the constitution of the republic of Indonesia that those who face legal issues, especially children, must get their fundamental rights while serving a sentence. In imposing criminal sanctions on children also, the judge must pay attention to children’s needs and rights. Besides, parents and state social workers must have a role ensuring the protection of the children. It becomes more crucial when the children have a mental disorder and must get continuous treatment as stipulated by law. In the children’s perspective, beyond the fact that whether the children act as perpetrators or victims, the children are still the victim. They can be the victim of parental neglect, misleading parenting, and even the lack of parental supervision. All these situations lead the children to commit law – violating acts. Children with Post Traumatic Syndrome Disorder must get a sense of security either from both parents or the state. The children must get social rehabilitation as special treatment until they recover from their mental disorder.
KEKERASAN SEKSUAL YANG TERJADI ANTAR ANAK DALAM PERSPEKTIF SISTEM PERADILAN PIDANA ANAK DI INDONESIA (STUDI PUTUSAN: PUTUSAN PENGADILAN NEGERI NOMOR 13/PID.SUSANAK/2019/PN SRG) Lionitya Herfiana; Hery Firmansyah
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13653

Abstract

A child is a young human being below the age of puberty or below the legal age of majority. Children need to be taken seriously. However, as the most vulnerable and weak social beings, ironically, children are often placed in the most disadvantaged position, do not have the right to speak out, and they are often victims of violence and violations of their rights. We can also see from various mass media that almost every day various types of crimes occur, for example sexual violence. This crime can also be committed by anyone, whether children, elderly people, men or women. Sexual violence can be defined as an act or intimidation related to intimacy or sexual relations committed by the perpetrator against the victim by force, which results in the victim suffering physically, materially, mentally and psychologically. As a universal crime, this crime can be found all over the world, at every level of society, regardless of age and gender. The act of sexual violence by children that occurs is a problem that needs special attention by the government because it is related to the morality of the nation's generations. In this case the court which is the agency or institution that handles legal matters needs to pay attention to cases related to children, especially sexual crimes. Courts need to provide the most appropriate sanctions on children who commit criminal acts, especially sexual violence so that the perpetrators are deterred.
Analisis Pembuktian Alat Bukti Closed Circuit Television (CCTV) Sebagai Alat Bukti Petunjuk William Abraham; Hery Firmansyah
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2741

Abstract

Process of proofing is one of the most important in the trial. In the process of proofing, someone could be determined as defendant or not by relating the facts that happened with the available evidence in the trial. Process of proofing refers to Criminal Code Procedure Article 183 which about need minimum of 2 (two) valid evidence and to get Judge’s conviction and also refers to Criminal Code Procedure Article 184 which about valid evidence that can use in the trial. Along with the current development that continuously evolving, there is evidences outside of Criminal Code Procedure. Closed Circuit Television is one of many evidences that arranged in Law of Republic Indonesia Number 11 of 2008 concerning Information and Electronic Transaction. Now, Closed Circuit Television often used in trial to give more explanation about unclear facts to make it clear. But, to use Closed Circuit Television as evidence, it needs related to Criminal Code Procedure Article 188. To be able used as valid evidence Closed Circuit Television need to has correlation between facts in the trial and Closed Circuit Television itself
PERBEDAAN PENDAPAT DALAM PUTUSAN-PUTUSAN DI PENGADILAN NEGERI YOGYAKARTA DAN PENGADILAN NEGERI SLEMAN Tata Wijayanta; Hery Firmansyah
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 23, No 1 (2011)
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1177.871 KB) | DOI: 10.22146/jmh.16201

Abstract

Judges may write a dissenting opinion in court judgments. However, this practice seems to be rarely observed in both civil and criminal cases at Yogyakarta District Court and Sleman District Court. From 2004- 2010, only 4 out of 6.634 court judgments are rendered with dissenting opinions appended. Hakim dapat menulis pendapat yang berbeda dalam putusan pengadilan. Namun praktik penulisan perbedaan pendapat ini belum banyak diikuti di Pengadilan Negeri Yogyakarta dan Pengadilan Negeri Sleman. Perbedaan pendapat hanya terdapat dalam 4 putusan dari 6.634 putusan pengadilan selama tahun 2004 sampai 2010.
ANALISIS PUTUSAN PENGADILAN NEGERI JAMBI NOMOR 516/PID.B/2019/PN.JMB DITINJAU DARI PRINSIP ULTRA PETITA Defarai Qarima Darmawan; Hery Firmansyah
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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

Abstract

The judge in deciding a criminal case must be based on the indictment of the public prosecutorand everything that is proven at trial. The problem faced in the research is how the ultra petitalimit in imposing criminal sanctions by judges and how the Jambi District Court Decision No.516/Pid.B/2019/PN.Jmb analyzes the ultra petita theory. The research method used is normativejuridical law research. The results of the study indicate that the ultra petita limit in imposingcriminal sanctions by judges is that it must not exceed the maximum threat of the article charged,it is not allowed to give a criminal decision whose type of crime has no reference in the CriminalCode, or criminal regulations outside the Criminal Code and the sentencing decision must giveconsideration suf iciently evidence-based. Jambi District Court Judge Number516/Pid.B/2019/PN.Jmb has given an ultra petita decision, in which case the Public Prosecutor inhis indictment demands a sentence of 10 years in prison for the defendant with a reduction whilethe defendant is in prison. in detention based on his order that the accused remain in detention.However, the Panel of Judges tried and sentenced the defendant for 12 years. In this case, thejudge has decided on the case and sentenced him to imprisonment in accordance with themaximum penalty in the Criminal Code. There must be a normative regulation regarding theexistence of ultra petita decisions that may be made by judges.
Co-Authors Agata Ascourlina Mourin Alex Oktavian Auzan Wafi Bryant Montana Defarai Qarima Darmawan Febefitriany Kusnadi Fiona Florencia Fevernova Fitrah Syaikhah Mosa Basa Fradinata, Christian Bellarminus Gabriel Ngadio Gabriella Amanda Tombokan Lionitya Herfiana Maria Eleonora Novena Pritasari Marshanda, Talitha Nadya Salsha Tanjung Natanine Natanine Natashya Natashya Octaviani, Priskila Patricia, Viane Sinta Ayu Lestari Syarah Alfiatin Talitha Marshanda Tata Wijayanta Viane Patricia Vita Adolfina Manafe Wilde, Aisya Avrylia Elskan William Abraham