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Markoni Markoni
Esa Unggul University, Jakarta
Education Engineering Social Sciences

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Criminal Procedures on Online Application During Covid-19 Pandemic Ferdian Togi Sinurat; Markoni Markoni; Wasis Susetio
Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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Abstract

The spread of the Covid-19 (Corona Virus Disease-2019) outbreak has paralyzed community activities in the various aspects. Here, the field of law itself, spread of Covid-19 was greatly influenced the course of the law enforcement process. The trial activities that were most affected by the problem due to the Covid-19 pandemic, namely in criminal proceedings. This study uses a comparative approach supported by literature study. This study aims to determine the comparison of the application of online and offline criminal trials in Indonesia and other countries, especially in the United States. Online criminal trial in Indonesia is regulated in PERMA No. 4 of 2020, while in the United States it is regulated in the CARES Act and many things arise from the application of online criminal proceedings, in Indonesia, including inconsistencies in the Criminal Procedure Code with, legality of the proof system, psychological impact on the parties, also technological constraints as a new breakthrough. Based on the theory of justice, the legal certainty, and comparative benefits of online criminal justice (e-courts / e-litigation) and offline criminal justice should be done offline because it fulfils the theory of justice and legal certainty. In this study, we also obtain the strengths and weaknesses to compare, the results whether the application of the online criminal trial is effective and efficient.
The Sculling Crime in Work Relationship over Plantation Service, Sago Drugging Case Study Nelly Dharma; Markoni Markoni; Wasis Susetio
Journal of Multidisciplinary Academic Vol 5, No 3 (2021): Science, Engineering and Social Science Series (New Update: With DOI index)
Publisher : Penerbit Kemala Indonesia

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The judicial process will be ends with a final decision (verdict). Here, the imposition or release of criminal sanctions (punishment), in the judgment has been considered over verdict. Before arriving at this stage, there are steps that must be carried out beforehand, namely the stage of proof in imposing a crime against the defendant. In imposing a crime, the judge must have analyse based on two valid evidence with the two pieces of evidence also judge is convinced that the criminal act charged has actually occurred and it was the defendant who committed it. This is regulated in Article 183 KUHAP. Thus, the purpose of this study to examine and analyse the authority of the prosecutor over judges panel in imposing a sentence on the defendant. In this study, the proposed method to examine and analyse the strength of the items or evidence were obtained through the expert witnesses and field witnesses. Here, we analyse empirical juridical legal studies are examines the applicable legal provisions and a society reality condition. In this study, the processing data was used qualitative methods with draws conclusions using legal logic. The result shows the judges' considerations and decisions are sometimes different from the demands of the public prosecutor. In addition, the evidence and considerations used by the panel of judges also differ from the evidence received from expert witnesses, field witnesses, letters and instructions from investigators. However, the judges have a strength evidence to determine authority by obtain relationship.
Law Enforcement Analysis Against the Night Entertainment Business Owner During Covid-19 Pandemic Parman. Bm. Nainggolan; Markoni Markoni; Wasis Susetio
Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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Abstract

Indonesia was declared as a health emergency state, due to the Covid-19 pandemic in March 2020. Here, the Indonesian government and both central and regional, was taken a policy by issuing new regulations that limit community interaction and productivity with aimed to accelerating the response to covid-19, however the impact on the weakening of the community's economic development. Night entertainment business actors who were directly affected by the covid-19 virus, during the covid-19 pandemic had closed their businesses for about 4 months, and laid off their employees by cutting salaries / wages by 50% and some even did not provide salaries / wages until the employee is re-employed. Thus, to cover expenses or to keep earning income, there are nightlife business actors who secretly open their businesses such as karaoke in rooms, restaurants / cafes with virtual music while still providing alcoholic drinks in the Regional Regulations who allow a trading alcoholic drink. The trading situation it makes no legal certainty in the night entertainment business community to run their business because there are no definite new rules for carrying out their business. Thus, in the Covid-19 pandemic, which until now is still increasing who are exposed and on the other hand the nightlife business actors must continue their business while maintaining to avoid the spread of Covid-19, it is necessary to have binding and strict legal rules, so that laws or regulations against night entertainment business actors during the Covid-19 pandemic can be enforced.
Co-Authors Ferdian Togi Sinurat Nelly Dharma Parman. Bm. Nainggolan Wasis Susetio Wasis Susetio