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<![CDATA[ANALISIS KEBEBASAN BERPENDAPAT TERHADAP AGAMA MENURUT PASAL 156A KUHP (STUDI KASUS PUTUSAN NOMOR 784/PID/2018/PT.MDN) ]]>
<![CDATA[Livianto Sanjaya]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i2.6914
<![CDATA[Meliana was charged with violating Article 156a of the Indonesian Criminal Code and was sentenced by a Medan District Court judge with 18 months in prison for being considered a religious blasphemy for complaining about the volume of the call to prayer near her home. The problem is how freedom of expression relates to religion according to Article 156a of the Criminal Code. The research method used in writing this thesis is normative legal research. The results showed that the Medan District Court Judge considered that the element of "blasphemy" was fulfilled by the fact that based on the conversation delivered by witnesses at the trial and there was a very real relationship between the complaints of the defendant and the anger of Muslims and the Fatwa of the Indonesian Ulema Council of North Sumatra Province stated that The defendant is blasphemous towards Islam, which is the religion of Islam adopted in the State of Indonesia. Freedom of opinion is not free freedom, but freedom that is limited by applicable regulations (Law). This case shows that the blasphemy law is actually a tool of conflict, not a conflict prevention as the government considers it. If this law is not abolished, then there must be a way for the law to "no longer be used." Law enforcement officials truly understand the essence of the blasphemy law, so as not to set a bad precedent in the midst of national pluralism.]]>
<![CDATA[ANALISIS ALAT BUKTI YANG SAMA DALAM PERKARA PIDANA YANG BERBEDA (STUDI KASUS SETYA NOVANTO DALAM PUTUSAN PRAPERADILAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 97/PID.PRAP/2017/PN.JKT.SEL) ]]>
<![CDATA[Alnan Marchelita Pradewi]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2137
<![CDATA[Evidence is the important instrument to decide criminal cases and Its began from investigation, prosecution, until court decisions. Evidence is arrange in article 184 and explanation of KUHAP. Police investigating to determine someone be a suspect or unknown through investigation about entanglement according to evidence any goods and the evidence available. In fact many law enforcement officials such as police used power revenue and their authority to quickly resolve the cases with no accordance to the procedure. Therefore to minimize those things law enforcement need supervision as pretrial. Pretrial have authority to judge about legal or failure arrest, detention termination investigation or termination prosecution; compensation and or rehabilitation for criminal cases stopped at the investigation or prosecution. Related to the verdict of South Jakarta District Court number 97/Pid.prap/2017/Pn.Jkt.Sel, judge Cepi Iskandar said that the same evidence cannot be used as evidence in other criminal cases brought many different polemics. Generally judge decide on criminal cases based to article 183 KUHAP and in fact many criminal cases was using the same evidence especially to cases with more than one defendant or participation cases. Judge Cepi Iskandar decision have given uncertainty law in the public, so it needs analysis and further discussion about the evidence and the consideration on that judicial decisions.]]>
<![CDATA[ANALISIS HUKUM TERHADAP ASAS LEX SPECIALIS DEROGAT LEGI GENERALI PASAL 36 UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA DALAM KASUS PENGGELAPAN ]]>
<![CDATA[Elsa Maharani]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v3i1.8910
<![CDATA[In the judiciary in Indonesia there are often criminal violations of fiduciary guarantees, one of which is regulated in Article 36 of Law Number 42 Year 1999 concerning Fiduciary Guarantees. That Article has a relation on the basis of the principle of lex specialis derogat legi generali with Article 372 of the Criminal Code (KUHP). But as a lex specialis, fiduciary guarantees are often ruled out for application, as in the Purworejo District Court ruling number: 15 / Pid.Sus / 2015 / Pn.PWR. Then how is the application of article 36 of the Fiduciary Guarantee Law as lex specialis of Article 372 of the Criminal Code in the case in the decision? In this study, normative legal research methods will be used. The results of the research show that there was a mistake made by the Judge in making decisions related to the decision and the Prosecutor in prosecuting. This can be seen from the way the Judge and Prosecutor in examining the legal facts that exist. As a legal scholar, judges and prosecutors should pay more attention to the principles of applicable law and examine legal facts better.]]>
<![CDATA[PENYEBAB TERJADINYA TINDAKAN MAIN HAKIM SENDIRI ATAU EIGENRICHTING YANG MENGAKIBATKAN KEMATIAN (CONTOH KASUS PEMBAKARAN PELAKU PENCURIAN MOTOR DENGAN KEKERASAN DI PONDOK AREN TANGERANG) ]]>
<![CDATA[Chandro Panjaitan]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v1i1.2168
<![CDATA[Cases of vigilante action are committed by a group of persons are not justified in the law. Those are cases which is unlawful, immoral, irresponsible and does not have an attitude that respects the law.Vigilante cases should have been reported to the authorities and the perpetrator should be punished in accordance to the existing law and regulations. There is no apparent regulations regarding the act of vigilante, instead there are some articles in Indonesian’s Criminal Code which can be used against the perpetrators. In this case Article 170 and 351 of Indonesian’s Criminal Code somehow has been used to deal with vigilante cases. It is important to learn what are the factors of the vigilante case in PondokAren, Tangerang which will be the main research in this thesis and also the prevention that should be done in order to avoid the same incident in the future. The research data shows that the factors behind perpetrators being vigilante is based on emotional factors, the lack of trust in the law and situation factor. On the other hand to prevent further case in the future the authorities need to improve their work from several aspects. Thus, creating a positive opinion on public.]]>
<![CDATA[ANALISIS EKSEKUSI PIDANA UANG PENGGANTI PADA KORPORASI BUMN YANG TIDAK DIJADIKAN SEBAGAI TERDAKWA (STUDI KASUS MAHKAMAH AGUNG NO. 1964 K /PID.SUS/2015) ]]>
<![CDATA[Andi Sabputera]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i1.5242
<![CDATA[Corruption has become a quite serious problem faced by the Indonesian nation, especially corruption involving BUMN, one of which is the involvement of state-owned corporation PT NK in corruption cases for the construction of the Sabang pier in 2014 to 2011 which has cost the state finances Rp.798 billion. The defendant in this case was HS as the Branch Head, but the corporation was never appointed as a defendant. Based on the results of the analysis that although the state-owned corporation PT NK corroboration was not prosecuted in the indictment, the court ruling imposes responsibility for paying substitute money. This is in accordance with the judgment of the judge due to the receipt of money from the corruption crimes that enter the corporation so that additional penalties in the form of substitute money can be imposed on PT NK. Execution of criminal money substitute for corruption cases, KPK prosecutors can confiscate and auction off corporate assets. If the asset has been sold, the prosecutor can file for bankruptcy and if the corporation claims to be unable to pay substitute money, then the prosecutor needs to trace the assets of the corporation concerned. In the case of state-owned corporation PT NK still having the obligation to pay substitute money, it would be difficult to analyze because the KPK found it difficult to handle it because it involved state finances. The implication is that if a BUMN corporation cannot pay substitute money then the return on state financial losses is not optimal.]]>
<![CDATA[ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM KASUS JUAL-BELI YANG DIKENAKAN PASAL 480 KUP (STUDI KASUS: PUTUSAN NOMOR 1291/PID.B/2018/PN.JKT.PST) ]]>
<![CDATA[Hendy Hendy]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Tarumanagara ]]>
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DOI: 10.24912/adigama.v2i2.6578
<![CDATA[Dewi Sri Astuti, initially she was only trying to increase financial resources in the family, but she tripped over a case experienced by her business partners, namely Suherman and Susanti. Dewi Sri Astuti was charged guilty because she had purchased items resulting from the theft of a crime committed by her business partners in the place where they worked. Even though Dewi Sri Astuti did not know that the goods she had received from her business partners were the result of a criminal act of theft. In this case to be able to convict someone must be fulfilled two things, namely as actus reus (physical element) and.mens.rea (mental element). However, Dewi Sri Astuti was still found guilty even though it did not fulfill the subjective element of the crime. How is the juridical analysis of buying and selling actions that are subject to article 480 of the Criminal Code (case study: verdict number 1291 / Pid.B / 2018 / PN.JKT.PST)? The author used normative legal methods and used interview data as supporting data. The.results of the study revealed that Dewi Sri Astuti did not fulfill all the elements in Article.480 of the Criminal.Code, where in the element of criminal offense there are 2 (two) elements. First.element is an objective element and.the second element.is a subjective element.]]>
<![CDATA[The Relevance between White Collar Crime Detention and Digital Legal Application Systems ]]>
<![CDATA[Firman Wijaya]]>
<![CDATA[ Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November ]]>
Publisher : <![CDATA[Budapest International Research and Critics University ]]>
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DOI: 10.33258/birci.v4i4.2935
<![CDATA[Gaining an understanding of the relevance between white-collar crime detention and digital legal application systems is the main objective of this study. For us to understand this goal, we have conducted data searches on research evidence released by several well-known journal publication data sources, including publications from Taylor & Francis, Elsevier, Google Books, Sagepub, and magazines and heads of state laws and regulations released by the Law Department and Human Rights of the Republic of Indonesia. Furthermore, our efforts to seek understanding are carried out with the help of an in-depth evaluation, coding, and interpretation system of data until we understand and draw conclusions if the data has answered the core questions of this study. So based on the data and discussion, we can summarize the relevance between legal digital applications and the reduction in white-collar crime in Indonesia. Thus, the results of this study can be helpful in efforts to develop digital law applications in the future.]]>
<![CDATA[Penerapan Case Based Reasoning Pada Sistem Manajemen Pengetahuan Pengelolaan Infak Dan Sedekah Berbasis Web ]]>
<![CDATA[Dwi Rosa Indah]]>;
<![CDATA[Mgs. Afriyan Firdaus]]>;
<![CDATA[Firman Wijaya]]>
<![CDATA[ Jurnal Sistem Informasi Vol 10, No 1 (2018) ]]>
Publisher : <![CDATA[Universitas Sriwijaya ]]>
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DOI: 10.36706/jsi.v10i1.8030
<![CDATA[ABSTRAKAktivitas pengelolaan pengetahuan dan berbagi pengetahuan dalam pengelolaan infak dan sedekah perlu dikembangkan dengan menggunakan sistem manajemen pengetahuan dan memanfaatkan teknologi dengan tujuan untuk pemerataan pengetahuan pengelola serta pengambilan solusi yang tepat atas kasus-kasus yang ada di lapangan. Dalam penelitian ini dilakukan penerapan Case Based Reasoning (CBR) dengan algoritma Nearest Neighbor untuk mendukung pengelolaan masalah dan solusi pengetahuan berdasarkan pendekatan retrieve, reuse, revise dan retain atas solusi atas masalah pengelolaan infak dan sedekah. Hasilnya didapatkan bahwa Penerapan CBR pada sistem manajemen pengetahuan pengelolaan infak dan sedekah berbasis web dapat mendukung pengelolaan solusi masalah berdasarkan pendekatan retrieve, reuse, revise dan retain atas data pengetahuan, masalah dan solusi yang ada pada basis data pengetahuan pengelolaan infak dan sedekah berbasis web.Kata Kunci: sistem manajemen pengetahuan, case based reasoning, algoritma nearest neighbor, infak dan sedekah, web]]>
<![CDATA[CRIMINAL RESPONSIBILITY FOR PERSONNEL PERSONALITY DANGEROUS ]]>
<![CDATA[Firman Wijaya]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 1 (2021): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i1.268
<![CDATA[The ability to be responsible (toerekeningsvatbaarheid) is Article 44 Paragraph (1) of the Criminal Code, which regulates a person 'sontoerekeningsvatbaarheidir’ responsible (matters). Perpetrators of dangerous personalities are perpetrators who are unable to take responsibility, so that their mental personality is disturbed by illness, their mental personality is in an unconscious state, and their mental personality is disabled in their growth. The personality of the soul makes it difficult for his actions to be held accountable for criminal law. The problem is is criminal liability for perpetrators of dangerous personalities? The research method is normative juridical research. The conclusion is that by determining whether there is a responsible capacity (toerekeningsvatbaarheid), that the judge must accept the results of the examination from a psychiatrist about the mental condition of the perpetrator of a crime, because it is the psychiatrist who has the competence to determine this. Then, based on the results of the examination, the judge determines the extent to which the mental condition of the perpetrator affects his actions, and then determines his ability to be criminally responsible for his actions. In the decision that the author is reviewing, namely Decision Number 144/Pid.B/2014/PN.Cj, it is stated that the defendant Pupun Bin Sanusi was legally and convincingly proven guilty of not committing the crime of "murder", but for this act he cannot be held accountable for any reason. forgiveness as intended in the provisions of Article 44 paragraph (1) of the Criminal Code.]]>
<![CDATA[IMPLEMENTATION OF SOCIAL WORK SANCTIONS AS A SUBSTITUTE TO PUNISHMENT UNDER ONE YEAR PRISON AGAINST THE CRIMINAL ACTION OF IT ]]>
<![CDATA[Firman Wijaya]]>
<![CDATA[ Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Hukum Awang Long ]]>
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DOI: 10.56301/awl.v4i2.390
<![CDATA[The social work crime contains elements of rehabilitation, re-education and resocialization. During the execution of the crime, prisoners will be fostered and guided in terms of the formation of attitudes and behavior. The development of the convict's work and personality is always monitored and monitored by community officials. Prisoners will be guided to be able to behave well and actively participate in development. The problem is how is the sentence below one year in prison for the perpetrators of the ITE crime in Decision Number 1636/Pid.Sus/2020/PN.Jkt.Brt? The method used is normative juridical. The conclusion is that they do not agree with the Judge's Decision in Decision Number 1636/Pid.Sus/2020/PN.Jkt.Brt., because the Defendant may be subject to social work sanctions as a substitute for a sentence of less than one years in prison. In principle, social work crime is an alternative to short-term deprivation of liberty. Social work crime is a type of crime that will be imposed on perpetrators of crimes that are not too serious. Starting from the various privileges of the social work crime, it is clear that even though it is a crime, this social work crime is not forced labor. Social work crime is a form of crime that is loaded with the content of protecting human rights.]]>
