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VALIDITAS KETERANGAN AHLI DARI PENYIDIK DALAM PEMBUKTIAN KASUS UJARAN KEBENCIAN RAS DI MEDIA SOSIAL (STUDI PUTUSAN: NO.1105/PID.SUS/2017/PN JKT.UTR) Hendra .; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2170

Expert’s Testimony is the information of a person who has special expertise for the purpose of examination in a criminal case and must be given in court. An expert must provide information for justice, as well as possible and according to knowledge in his area of expertise. The expert's testimony from the police is still questionable on the independence and justice of the defendant, the expert must be independent and fair in giving explanation there should be no influence from internal or external parties. There are still many expert testimonies from investigators who are highly doubtful of their independence and deemed inappropriate to be made expertly by academicians, but in the Criminal Procedure Code it is not clear whether the expert's testimony from the investigator is allowed or not. Therefore the author interested in conducting research related to the validity of expert testimony from investigators. The author conducted research with normative legal research methods supported by interviews are expected to help answer the research and the source of interviewed is from the academics and practitioners. In the absence of clear rules, the expert's testimony from the investigator will be the pros and cons but if it refers to the understanding and the main purpose of expert testimony in the Criminal Procedure Code, it is unlikely that the expert's expertise is allowed because it will not be free, independent.

KEBIJAKAN FORMULASI TERKAIT KONSEPSI RECHTERLIJKE PARDON (PERMAAFAN HAKIM) DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA Aska Yosuki; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2136

The effort of reforming criminal law in Indonesia, particularly the regulations, has been conducted since 1963, proven by the formulation of Penal Code Bill, however, until now, the Penal Code Bill has not been passed. One of the ideas in the Penal Code Bill is the concept of Rechterlijk Pardon. This concept is crystallized because of the current criminal law is too rigid and lack of humanity sense in applying to minor cases.This research aims to describe the concept of Rechterlijk Pardon and the basis of the concept in the Penal Code Bill in Indonesia. The result of the research is that the concept of Rechterlijk Pardon desires that in imposing criminal sanctions, the judges shall not only consider the criminal act and criminal responsibility, but also the objectives and guidelines of imposing criminal sanctions. The objectives and guidelines have been explicitly regulated in Article 55 and 56 of Penal Code Bill. Whenever the judges believe that imposing criminal sanctions is not consistent with its purpose and guidelines, the judges is possible to give pardon. The essence of this concept is that when the prosecutor successfully proves its indictment and the perpetrator was given pardon by the judges, there will be no criminal sanctions that will be imposed on the perpetrator. The form of the verdict is a guilty verdict without punishment. The basis of this concept are the philosophical, sociological, juridical, and teoritical basis.

SANKSI PIDANA TERHADAP MUCIKARI YANG MEMASARKAN PROSTITUSI MELALUI SARANA MEDIA ONLINE (STUDI KASUS: PUTUSAN PENGADILAN NEGERI DENPASAR NO. 642/PID.B/2015/PN.DPS.) Calvin .; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Cybercrime is a crime involving online media means as an object to carry out the crime. Cybercrime itself also has many forms that one of them is cybersex, cybersex is a crime that violates the offense of decency in which the crime involves the medium of online media. For example the case in this case is a crime in the form of selling the services of online prostitution whose perpetrator is a pimp, pimps in this case means the person who acts as a caregiver and / or owner of commercial sex workers. Most cases of online prostitution crime are in the bali area of Denpasar. Online prostitution crime itself has violated Article 45 paragraph 1 of Law Number 19 Year 2016 on Information and electronic transactions. But the panel of judges in its decision only decided in the form of articles contained in the Criminal Code so that the imposition of criminal sanctions on the defendant became very light and made the perpetrators became not afraid of the relatively light criminal sanctions. So that the law in Indonesia becomes very weak and from the light criminal law sanction makes the perpetrators continue to do the crime action. When viewed from the lex specialist derogate legi generalie principle stating the special provisions to override general provisions, meaning that the Act should be used is Law No. 19 of 2016 on Information and Electronic Transactions.

KRIMINALISASI MATCH FIXING DALAM PERTANDINGAN SEPAKBOLA DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 1980 TENTANG TINDAK PIDANA SUAP Alexzander Rinaldy; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

The current football competition has changed because it began to be infiltrated by organized criminals, especially in match manipulation and match fixing. Setting scores and match manipulation as a global threat in the world of football. The problem faced in writing this essay is how to criminalize match fixing in soccer matches in Indonesia based on Law Number 11 of 1980 on the Crime of Bribery. The research method used in this research is normative legal research that is research which gives systematic explanation of rules governing a certain legal category, analyze the relation between regulation explain difficulty area and may predict future development. The results showed that the criminalization of match fixing in Indonesian soccer matches based on Law Number 11 of 1980 on the Crime of Bribery was threatened with a criminal sanction although bribes in the private sector can’t be regarded as an act of corruption because they do not belong to the category of corruption based on Corruption Act. This means that it does not mean it has no impact at all in enforcing the rule. In fact, the non-regulation of bribery in the private sector in Corruption Law is related to the actors who can eradicate and enforce the provisions. Bribes (as well as corruption in general) in the private sector have brought so many bad impacts on the business sector including in football matches.

Analisis faktor kesalahan sebagai unsur dolus dalam tindak pidana merampas nyawa milik orang lain dalam perkara no 328/PID/2017/PT.DKI Koko Joseph Iritanto; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Koko Joseph irianto, (205130115), Faculty of Law at Tarumanagara University, with the title of the thesis "Analysis of the error factor as an element of dolus in a crime to take the life of another person in a case NO: 328 / PID / 2017 / PT.DKI ". Under the guidance of Mr. DR.DIAN ADRIAWAN, S.H, M.H. This study aims to analyze the legal arrangements regarding criminal acts of premeditated murder by a group of people in Decision Number: no: 328 / PID / 2017 / PT.DKI. This research was carried out in the city of Jakarta by selecting agencies related to this case namely in the Jakarta High Court. Data collection method used is documentation study method then the data obtained is analyzed descriptively qualitative so as to reveal the expected results and conclusions on the problem. The results of this study indicate that 1) Legal arrangements for criminal acts of murder have been regulated in general in the Criminal Code (KUHP). And the murder plans to be in article 340 of the Criminal Code 2) The application of the material criminal law to the perpetrator of the Murder criminal act is appropriate, as regulated and threatened with criminality in Article 340 of the Criminal Code. Judicial legal considerations in imposing death penalty on 2 and 1 prisoners for life of the defendants from 4 perpetrators who are still alive is correct. The conviction of the defendant was considered to have fulfilled a sense of justice for all parties.

PENEGAKAN HUKUM TERHADAP PENGEDAR NARKOTIKA DENGAN BERAT NETTO 36 GRAM (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR 637/Pid.sus/2015/PN.JKT.SEL) Clarissa Meidy Paulus; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Due to a rise in cases related to narcotics in Indonesia, the government is stiffening penalties for drug offences. Now, anyone who violates certain drug laws in the nation may end up serving a minimum of four years prison time. Depending on the severity of the violations, the government may even sentence more drug offenders to death. Examines the impact of globalization and new technology on the narcotics industry. Examines the challenges that new technologies, such as the internet, pose to drug law enforcement. Illicit trafficking of narcotics has been very widespread in Indonesia, Similarly, what happens in this case, someone who ordered narcotics from America-Indonesia. This transaction is done online, But in this case the judge handed down the rehabilitation decision to the narcotics dealer. The order made by the defendant is narcotics with a net weight of 36.1318 grams. From the results of this study based on interviews conducted if giving narcotics to other people with or without the transaction can already be declared as a dealer. Millions of people are affected by drugs in Indonesia. According to the National Agency for Narcotics (BNN), one million people are addicted to drugs with little chance of recovery. Around 1.6 million people occasionally take drugs while 1.4 million are regularly consumers.

ALTERNATIF MEDIASI PENAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA Reyner .; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

In general, penal mediation can be said as a concept that brings together the victims and criminals to discuss their interests and willingness in order to resolve criminal cases that have occurred between them, and are assisted by a mediator who is neutral and help to resolve criminal cases by giving advice and mediating as mediators. The results of the research conducted by normative research and through several literature such as legal books, regulations, and guidelines, show that in fact, reason mediation has been carried out in the community and carried out by several law enforcement officials in the framework of the settlement process criminal. What is done in the midst of Indonesian society is only a peace process that shows customary law as its branch and many are applied within the police in the investigation process to carry out procedures for resolving criminal acts. The importance and need for penal mediation to be applied in formal law that is developing and prevailing in society can be a special rule that is regulated and is part of criminal procedural law for the sake of legal certainty. Penal mediation can be applied at the level of investigation by the police in the process of resolving criminal cases and creating equal welfare and justice in the wide society for sure

PENERAPAN ASAS LEX SPECIALIS DEROGAT LEGI GENERALIS TERHADAP UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM TINDAK PIDANA PERJUDIAN TOGEL SECARA ONLINE STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 599/PID.B/2018/PN.JKT UTR Franky Satrio Darmawan; Dian Andriawan Daeng Tawang
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.v1i2.2844

Gambling is a crime and can be punished for its actions. However, along with the development of the gambling era it was played with electronic media, namely online gambling. The State of the Republic of Indonesia has overcome gambling crimes with evidence such as the existence of laws contained in criminal law and if carried out online there is an Electronic Information and Transaction law. The research entitled The implementation of principle lex specialis derogat legi generalist concerning information and electronic transaction laws in online lottery gambling crimes Case Study Decision of North Jakarta Districts Courted Number 599 / PID.B / 2018 / PN.Jkt Utr, having a problem statement is why the public prosecutor did not apply the principle of lex specialis derogat legi generalist in the online lottery gambling crime Case Study of the Decision of the North Jakarta District Court Number 599 / PID.B / 2018 / PN.Jkt Utr. The purposed paper for the law enforcement officials to appllied the principled of Lex Specialise Derogat Legi Generalits in the case of prosecution of court decisions.

TINJAUAN YURIDIS TERHADAP PUTUSAN KASUS PENCEMARAN NAMA BAIK DENGAN MENGGUNAKAN SOSIAL MEDIA INSTAGRAM DITINJAU DARI PASAL 310 AYAT (3) KITAB UNDANG-UNDANG HUKUM PIDANA Danny Putera Christian; Dian Andriawan Daeng Tawang
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2139

The regulation of defamation is stated in the Indonesia Criminal Code, specifically it’s stated on the article 310. However, the legal rules of defamation by using social media are specifically regulated in Undang-UndangNo.19 Year 2016 About the Amendment of Undang-Undang No.11 Year 2008 About Information And Electronic Transactions. In a thesis that written by the author, the author did an analysis of the actions that have been done by a defendant who deliberately perform an action that meets the element of offense in Article 27 Paragraph (3) of Undang-Undang No.19 Year 2016 on Amendment to Law No. 11 Year 2008 About Information And Electronic Transactions. The acts committed by the defendant shall not be subject to juridical sanctions, since the criminal law also applies the reasons for the criminal offense both for justification and for reasons of forgiveness. The act committed by the defendant in Decision No.1047 / Pid.Sus / PN.JKT.SEL was analyzed as justification because the defendant committed the act to defend himself, as regulated in Article 310 Paragraph (3) of the Criminal Code . The research method whichused by the author is normative research supported by conducting interviews to cyber crime experts.

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