M Hamdan
Universitas Sumatera Utara

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Analisis Yuridis Terhadap Upaya Hukum Pembelaan Advokat Terhadap Tersangka Korupsi Yang Menghalang-Halangi Penyidikan KPK (Studi Putusan No. 09/Pidsus-TPK/2018) Taufiq Nugraha Syahputra; Edi Warman; Edi Yunara; M Hamdan
Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i1.4878

Abstract

This study aims to analyze the position of advocates in carrying out their duties and obligations as part of law enforcement in Indonesia, and to examine the factors that cause advocates to hinder legal actions in investigating corruption crimes carried out by KPK investigators. As well as to examine criminal liability for the actions of advocates that hinder the investigation, prosecution and trial of perpetrators of corruption. This research is a normative legal research. With the nature of descriptive analytical research. This research was conducted using library research and qualitative data analysis. This study also uses interview guidelines as a data collection tool. This study resulted that the SN corruption crime committed by FY advocates in the Central Jakarta District Court Decision No. 09/Pidsus-TPK/2018 in the investigation process carried out by the KPK investigators was hampered, so that the investigation time could be extended and could delay the legal process. The prosecution and trial of the criminal act of corruption is an effort by FY advocates to save suspect SN from the snares of legal prosecution by the Public Prosecutor Criminal responsibility for the actions of lawyers who hinder the investigation, prosecution and trial of perpetrators of criminal acts of corruption is that the act is against the law of Article 21 of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption
Pertanggungjawaban Pidana Terhadap Pelaku Pemerasan Dan Atau Pengancaman Menurut Undang-Undang Nomor 19 Tahun 2016 Tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik Dan Kuh Pidana (Studi: Putusan Nomor 7/Pid.Sus/2017/Pn.Snb) Libert Hamonangan Habeahan; Alvi Syahrin; M Hamdan; M Eka Putra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 1 (2021): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i1.82

Abstract

The number of cases of extortion and / or threats using information technology means that the author is interested in conducting research with the title "Criminal Liability Against Extortion and Or Threats Perpetrators According to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Information. Electronic Transactions and the Criminal Code ”(Study: Decision Number 7 / Pid.Sus / 2017 / Pn.Snb) The formulation of the problem in this research is (1) How is the criminal act of extortion and / or threats according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and the Criminal Code, (2) How is criminal responsibility for extortion and / or threats through electronic media according to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information And Electronic Transactions and the Criminal Code. (3) What are the judges' legal considerations in Decision Number 7 / Pid.Sus / 2017 / PN.Snb? This research is normative and descriptive analysis. The legal theory used in this research is the Criminal Liability Theory. The data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is library research (library research). Data analysis is qualitative. The formulation of the provisions of Article 27 paragraph (4) which combines the criminal act of extortion and / or threats in one provision, whereas in the Criminal Code the criminal act of extortion is regulated in Article 368 while threatening is regulated in Article 369 of the Criminal Code. Extortion is a common crime. Extortion is how to do it by using violence or threats of violence. Threatening is an absolute complaint. Criminal responsibility for extortion and / or threats through electronic media according to the ITE Law and the Criminal Code because someone has committed a criminal act. Criminal liability is essentially a mechanism established by the Criminal Code to react to violations of certain acts. Judges' legal considerations in the Court Decision 7 / Pid.Sus / 2017 / PN.Snb, that based on the facts at the trial, and the testimony of witnesses, the defendant has been legally and convincingly proven to have committed the crime of extortion and threats of violating Article 27 paragraph 4 UU ITE UU ITE Jo Article 45 paragraph (4) In the trial, the Panel of Judges did not find anything that could eliminate criminal responsibility, either as a justification and / or excuse, so the Defendant had to be accountable for his actions. The defendant is able to be responsible, so he must be found guilty and sentenced to punishment.