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KESALAHAN PENERAPAN HUKUM SEBAGAI ALASAN KASASI TINDAK PIDANA TURUT SERTA MEMALSUKAN SURAT SECARA BERLANJUT Arief Agha Raflyansyah; Ismawati Septiningsih
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73134

Abstract

This legal research aims to find out the misapplication of the law by the District Court Judge as the reason for the Public Prosecutor's cassation against the acquittal in the criminal case of participating in forging letters related to the provisions of Article 253 paragraph (1) of the Criminal Procedure Code and the suitability of the Supreme Court's consideration in examining and deciding the Public Prosecutor's cassation in Supreme Court Decision Number 1086 K/Pid/2022. This legal research is a prescriptive and applied normative legal research with a case study approach. The source of legal material for this research comes from primary legal materials and secondary legal materials. The legal material collection technique used is document study or literature study. The technique of analyzing legal materials in this study uses the syllogism method with deductive thinking patterns. The results of the research and discussion obtained are that the Public Prosecutor can prove the suitability of the reasons for cassation submitted by him with the reasons for cassation contained in Article 253 paragraph (1) of the Criminal Procedure Code, namely in terms of whether it is true that a legal rule is not applied or applied improperly. Therefore, the Supreme Court granted the cassation of the Public Prosecutor and found the defendant guilty of committing the crime charged, then imposed a prison sentence of 6 (six) month.Keywords: Cassation, Mail Forgery, Acquittal Decision.
ANALISIS PERMOHONAN PRAPERADILAN TENTANG KEABSAHAN PENETAPAN STATUS TERSANGKA (STUDI PUTUSAN PRAPERADILAN NOMOR: 2/Pid.Pra/2021/ PN.Wat) Anisya Noviana Hartono; Ismawati Septiningsih
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76176

Abstract

This article aims to determine the compatibility between the reasons for submitting a pretrial request regarding the validity of determining the suspect's status in the Pretrial Decision Number: 2/Pid.Pra/2021/PN.Wat with the provisions of the Criminal Procedure Code and other provisions relating to pretrial. This research is included in normative legal research with a case approach. Types of legal materials consist of primary and secondary legal materials. The results of the research on the writing of this law show that the reason for submitting a pretrial request regarding the validity of determining the status of a suspect in the Pretrial Decision Number: 2/Pid.Pra/2021/PN.Wat is not in accordance with the provisions of the Criminal Procedure Code. However, this is in accordance with the provisions of the Constitutional Court Decision Number: 21/PUU-XII/2014 and Supreme Court Regulation Number 4 of 2016. This shows that the provisions regarding Pretrial in the Criminal Procedure Code are not perfect, so several additional regulations are needed to perfect them as contained in the Constitutional Court Decision Number: 21/PUUXII/2014 and Supreme Court Regulation Number 4 of 2016. Therefore, it is necessary to prepare pretrial procedural legal instruments in the form of a law that can ensure that the pretrial process can be carried out in a fair and accountable manner.
TELAAH KESESUAIAN PERTIMBANGAN HAKIM DALAM PUTUSAN NOMOR 24/PID.SUS-ANAK/2022/PN MND TERHADAP UU SPPA Muhammad Aqil Yuda Pratama; Ismawati Septiningsih
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.74571

Abstract

This writing analyzes the appropriateness of the judge's considerations in imposing a five-year prison sentence on a child with article 79 of the Law of the Republic of Indonesia Number 11 of 2012. In Decision Number 24/Pid.Sus-Anak/2022/PN Mnd it is known that a crime of violence has occurred with joint power carried out by children. The perpetrator was subject to Article 170 of the Criminal Code paragraph (2) 3rd of the Criminal Code and considered Law Number 11 of 2012 concerning the Juvenile Justice System because the perpetrator was a child. The purpose of this writing is to find out whether the judge's considerations in Decision Number 24/Pid.Sus-Anak/2022/PN Mnd are in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. As a result, the judge in hisconsiderations before passing the decision had considered Article 79 of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System.Keywords: Consideration; Collective violence; Child
The Importance of Expert Testimony in Proving Corruption Crimes Ismawati Septiningsih
IJOLARES : Indonesian Journal of Law Research Vol. 1 No. 2 (2023): IJOLARES: Indonesian Journal of Law Research
Publisher : CV Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/ijolares.v1i2.20

Abstract

The criminal act of corruption is an extraordinary crime that has an extraordinary impact on the state and the survival of its people. Corruption as an extraordinary crime requires extraordinary handling efforts as well, especially in the process of proving it. Proving corruption often requires the role of experts from several disciplines to ensure that corruption has actually occurred. The purpose of writing this article is to analyze the existence of expert testimony as evidence in proving corruption and the extent to which expert testimony contributes to convincing judges that corruption has occurred. The writing of this article uses normative legal research methods with a statutory approach. The results of this study are that the submission of expert testimony to the trial of corruption will increase the judge's confidence in the truth of other evidence submitted by the public prosecutor, and strengthen the judge's conviction to pass a sentence of punishment if indeed from the existing evidence the defendant is legally and convincingly proven to have committed corruption.
The Meaning of the Principle of Material Legality in Reforming Indonesian Criminal Law Ismawati Septiningsih; Sri Wahyuningsih Yulianti
ARIMA : Jurnal Sosial Dan Humaniora Vol. 1 No. 2 (2023): November
Publisher : Publikasi Inspirasi Indonesia

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

Abstract

The principle of legality is a very important principle in criminal law. The principle of legality plays an important role in the implementation of material criminal law rules and is the basis for the legitimacy of actions that are categorized as criminal acts. Criminal law reform with the ratification of Law Number 1 of 2023 concerning the Criminal Code does not only change the sound of the formulation of the principle of legality in a substantial way, but also changes the principle of formal legality, which was previously far from society's sense of justice, to be expanded into a principle of material legality that ensure a greater sense of justice in society. This article will discuss the principle of material legality as an update of the principle of formal legality which aims to expand the reach of the principle of legality in providing protection for society from the negative consequences resulting from criminal acts.
STUDI TENTANG PENERAPAN ASAS VERHANDLUNGS MAXIME DALAM PEMERIKSAAN PERKARA PERDATA Sigit Dwi Nugroho; Ismawati Septiningsih; Itok Dwi Kurniawan
Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v9i1.3284

Abstract

In civil procedural law there are principles that must be met, one of which is fulfilling the legal principle, the Verhandlungs Maxime principle has the understanding that the scope or main area of the dispute submitted to the judge for examination is basically determined by the parties to the case and not by the judge. In practice, if the Verhandlungs Maxime principle is applied absolutely in trying cases, it can cause the principle of justice or the principle of expediency not to be fulfilled. There is a need for research related to the application of the Verhandlungs Maxime principle in the examination of civil cases to determine the scope of this principle. The research method used in the preparation of this study is a normative juridical method. Judges in deciding a case must pay attention to the Verhandlungs Maxime principle so that the resulting decision is not considered Ultra Petita, but the judge has the freedom to decide outside the subject of the dispute submitted by the parties based on the theory of legal objectives by Gustav Radbruch, Law Number 48 of 2009 concerning Power Judiciary, and Supreme Court Jurisprudence. An understanding is needed regarding the arrangement and application of the Verhandlungs Maxime principle in the Civil Procedure Code, other regulations related to the verhandlungs maxime principle, and the development of the application of the principle so that there is a uniform understanding of the verhandlungs maxime principle. Keywords: Civil Case, Legal Principles, Verhandlungs Maxime.
MEASURES USE OF THE HOUSE OF BIRDS GHOSTS AND WASTE HUSK RICE TO PREVENT PEST RATS ON RICE VILLAGE PURWOREJO Ismawati Septiningsih; Wiradrana Wasistha; Shafrina Amalia Rosady
E-Amal: Jurnal Pengabdian Kepada Masyarakat Vol 2 No 1: Januari 2022
Publisher : LP2M STP Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/eamal.v2i1.1171

Abstract

This community service activity has the aim of helping the people of Purworejo Village, especially the Farmer Group, in overcoming the problem of rat pests that are being faced. Purworejo Village is located in Gemolong District, Sragen Regency, Central Java Province. This village is a potential area for the agricultural sector, the majority of the people are farmers. In agriculture, it cannot be separated from the threat of pests that attack rice plants. To overcome these problems, the service team provided socialization and procured RUBUHA (Owl House) and chaff soaking. Activities are carried out through the Simple Additive Weighting (SAW) method, counseling, and procurement. Making RUBUHA and soaking husks is an alternative to controlling rats using an ecological approach. Farmer groups in Purworejo Village 100% participated in this activity. The impact of the extension activities of farmer groups in Purworejo Village was able to increase knowledge, understand and apply rice husk waste, and utilize RUBUHA to eradicate rat pests in their rice fields. It is hoped that the farmer groups can be sustainable in maintaining RUBUHA.
THE CONCEPT OF CASH FLOW IN MONEY LAUNDERING IN INDONESIA Itok Dwi Kurniawan; Ismawati Septiningsih
Domus Legalis Cogitatio Vol 1 No 1 (2024): Domus Legalis Cogitatio Vol 1 No 1 April 2024
Publisher : Faculty of Law Atma Jaya Yogyakarta University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/dlc.v1i1.7626

Abstract

The development of criminal acts that occur in a country moves with the development of social civilization. One of the criminal acts in the economic sector that has arisen as a result of modern civilization is the crime of money laundering, namely the concealment of assets resulting from a crime so that it appears as if they originate from a legal source. This article will examine the asset tracing strategy which is an effective step in tackling money laundering crimes. The approach used in discussing the problem is a case study. The results of the research in this article are that efforts to trace assets with a fund tracking process need to be developed and adopt existing technological developments. This is to ensure the effectiveness of handling money laundering in Indonesia.