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Determination of Suspects in Narcotics Crimes Through Supervised Submission (Controlled Delivery) Anang Shophan Tornado
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.70

Abstract

Abstract Considering that the crime of illicit drug trafficking is already very horrific, both coming from abroad and those circulating within the country, a special method is needed to deal with it. Narcotics and psychotropics are substances or drugs that are very useful and necessary for certain diseases. However, if it is misused or used not in accordance with the standard of treatment, it can have very detrimental consequences for individuals or society, especially the younger generation. Seeing the difficulty of the investigative process for disclosing drug cases, there must be special rules governing the process or authority of investigators in handling drug cases. The authority of investigators in carrying out investigations, these techniques are undercover buys and controlled delivery. The norms governing controlled delivery, namely the Narcotics Law and the technical regulations under it, still cannot clearly describe the problems above, especially how the recipient, who incidentally is a person, is intentionally used or framed to become a recipient of narcotic packages .
Statement of Expert in Holding Special Cases at the Investigation Stage Based on Perkap 6 of 2019 Concerning Investigation of Criminal Acts Anang Shophan Tornado
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.72

Abstract

As a form of implementation as a rule of law state, law enforcement officers consisting of police, prosecutors, judges and lawyers are presented to carry out this function. The police as one of the law enforcers carry out security measures in the community, in every action they are subject to formal law, namely the Criminal Procedure Code (KUHAP). In the Criminal Procedure Code, the task of the police to disclose a crime or also called a crime is known as an investigation. In the investigation stage which aims to make light of a crime and find the suspect by collecting evidence, of course, must go through the correct and accountable procedures. A little wrong in carrying out the procedure, the investigator as a user in the investigation in his actions makes it clear that the crime must collect evidence that can really be tested in quality. In the Criminal Procedure Code, evidence is contained in Article 184 paragraph (1) which consists of witness statements, expert statements, letters, instructions and statements of the accused. As for the evidence that is in the spotlight in the expert's statement, where the expert's statement is evidence that is felt to play a significant role in determining the elements of the crime which in the end can shed light on the crime in the investigation stage. KUHAP as the holy book of criminal law practitioners in enforcing criminal law is certainly expected has all the facilities or in other words can accommodate all the sense of justice for the parties involved in it. As we also know that the Criminal Procedure Code was born in 1981, if we feel that he is already 40 years old, if we equate it with human age, it can be said that he is entering adulthood. The maturity of the KUHAP so far can be marked by the persistence of the Criminal Procedure Code as the basis for law enforcement and justice seekers in criminal cases even though there are patchworks here and there in the form of implementing regulations and in the form of a Supreme Court Circular to provide perfection and fulfill the people's sense of justice.
THE CONCEPT OF HAND-CATCHING OPERATIONS (OTT) BY THE CORRUPTION ERADICATION COMMISSION (KPK) INPERSPECTIVE LEGAL CERTAINTY Rabiyatul Adawiyah; Muhammad Erham Amin; Anang Shophan Tornado
NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Vol 10, No 4 (2023): NUSANTARA : JURNAL ILMU PENGETAHUAN SOSIAL
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jips.v10i4.2023.1844-1855

Abstract

The purpose of this study is to analyze the Hand-Catching Operation (OTT) system carried out by the Corruption Eradication Commission and also how the Effectiveness of the Hand-Catching Operation Position (OTT) carried out by the Corruption Eradication Commission (KPK) in the perspective of legal certainty. The type of research used is normative legal research by collecting andanalyze legal material related to the issue to be discussed. As well as comparing several judge's decisions related to the one in question. The results of this study are that the Hand-Catching Operation is an Illegal Action or an arrest where this action can be a reason for carrying out a Pretrial, in which the meaning of Hand-Catching Operation (OTT) still does not have a clear meaning, legal basis and direction. Because the Hand-Catching Operation (OTT) does not have clear regulatory basis in Corruption Crimes, it follows from the juridical implications of the process of investigating Corruption criminal cases. The Hand-Catching Operation carried out by the Corruption Eradication Commission is also an act of Super Power because it is not contained in the Criminal Procedure Code (KUHAP), so the concept of Hand-Catching Operation is still a question mark against the legal framework
VERSTEK DECISION POWER ON UNDER-HANDS SELLING WHICH THE SELLER DOESN'T EXIST Ratna Khairani; Rahmida Erliyani; Anang S hophan Tornado
NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Vol 10, No 4 (2023): NUSANTARA : JURNAL ILMU PENGETAHUAN SOSIAL
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jips.v10i4.2023.1773-1793

Abstract

The transfer of land rights is the transfer of land rights from the old right holder to the new right holder according to the provisions of the applicable laws and regulations. Land law in Indonesia requires the transfer of land rights to be carried out before the Land Deed Official (PPAT), because basically buying and selling land must meet clear and cash requirements. Government Regulation Number 24 of 1997 Concerning Land Registration in Article 37 paragraph (1) states that "Transfers of land rights and ownership rights to apartment units through buying and selling, exchange, grants, entry into the company and other legal actions for transferring rights, except for transfers of rights through auctions, can only be registered if proven by a deed drawn up by the PPAT who is authorized according to the provisions of the applicable laws and regulations." This is what happened in the decision of the Batulicin District CourtNumber: 68/Pdt.G/2021/PN Btn, where the sale and purchase is carried out underhanded and when registration is desired, the whereabouts of the seller cannot be identified, so the sale and purchase cannot be transferred and registered, because one of the requirements for land registration is there is a deedauthentic which proves that it is true that a legal act of sale and purchase has taken place, so that the making of the sale and purchase deed is hampered. The problem that the author raises in this study is how is the verstek decision that has been inkracht regarding the Registration of Transfer of Land Rights and what is the validity of the making of the Deed of Sale and Purchase (AJB) by PPAT based on the verstek decision? The results in this study are that decisions that have permanent legal force can be enforced, where decisions have binding legal force (binding force), strength of proof (Proving Power) and powerExecutorial (Executorial Force). So the deed can be said to be valid because until now, no party feels that they have been harmed, or that there has been a lawsuit filed against the PPAT concerned regarding the confusion over the existence of the deed
APPLICATION FOR DISSOLUTION OF LIMITED COMPANY BY THE ATTORNEY WITH THE REASON OF VIOLATION OF PUBLIC INTEREST” Dita Herlina Sari; Rahmida Erliyani; Anang Shophan Tornado
NUSANTARA : Jurnal Ilmu Pengetahuan Sosial Vol 10, No 5 (2023): NUSANTARA : Jurnal Ilmu Pengetahuan Sosial
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/jips.v10i5.2023.2133-2146

Abstract

The purpose of doing this research is to analyze first, How is the measure of violating the public interest as a reason for the attorney to dissolve a limited liability company; and secondly, what are the legal steps for a limited liability company that was filed for dissolution by the Attorney General's Office on the grounds that it violated the public interest. First Research Results because the definition of public interest is still dynamic and keeps up with the times and in UUPT does not explain the definition of public interest in detail. then the measure of violating the public interest is taken from the law which provides a definition of public interest in the Land Law, the Prosecutor's Law, the State Administrative Court Act. So that if a Limited Liability Company violates the understanding of a public interest as described in the law, the Limited Liability Company will automatically violate the Public Interest. Second: The legal steps taken are filing an objection in court on the basis that the dissolved Limited Liability Company can still carry out re-management and improve the company even better so that it can operate again in accordance with applicable regulations.