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All Journal COURT REVIEW: Jurnal Penelitian Hukum Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Harmonization
Hari Soeskandi
Universitas 17 agustus 1945 Surabaya
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PENJATUHAN PUTUSAN PIDANA OLEH HAKIM TERHADAP PENYALAHGUNAAN NARKOTIKA BAGI DIRI SENDIRI Nesya Warapsari; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.131

Abstract

The purpose of this paper is to find out and explain about the judge’s considerations in giving penalties for Class I Narcotics Addicts, that is marijuana, which is stated in the Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr. This paper refers to several approaches, such as case, statue, and conceptual approach, with normative research. The narcotics abuse case are resolved by providing guidance and care in the form of rehabilitation, not by imprisonment. However, in some cases, the are differences in resolving the case. The example of a narcotics abuse case that was resolved by imprisonment is the case by Mohammad Rifki Ananda, which is stated in the Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr. The judge decide to resolved the case by imprisonment for 1 year, not by a medical or social rehabilitation. about Narcotics, in Pasal 54, states that medical and social rehabilitation are solutions that must be fulfilled by narcotics addicts and victims of narcotics abuse. Then, Undang-Undang No. 35 Tahun 2009 Pasal 103 also states that Majelis Hukum should order the defendant to take the rehabilitation as the settlement. The provision of rehabilitation for addicts and narcotics abuser is also strengthened by Surat Edaran Mahkamah Agung No. 04 Tahun 2010. Thus, it can be concluded that referring to Putusan Pengadilan No. 761/Pid/Sus/2021/PN Jmr, the judge did not give consideration and attention, and did not interpret all the Ayat in Pasal 127
PERTANGGUNGJAWABAN PEMERINTAH TERHADAP EFEK SAMPING KEBIRI KIMIA TERHADAP TERDAKWA KEJAHATAN SEKSUAL Michael Steven Ernanda; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i2.132

Abstract

Sexual crime against children is a crime that violates morals which has a very large impact on children who are a nation's asset whose existence is protected by law, it is appropriate if child predators are punished for criminal acts committed from an accountability for actions that tarnish the nation's moral values. Through Law of the Republic of Indonesia Number 17 Year 2022 and explicitly the mechanism of chemical castration is regulated in Government Regulation No. 70 of 2020 which is a form of care and protection for children who are vulnerable to the dangers of sexual crimes. Chemical castration has the potential for harmful side effects on the defendant's body as the person being executed, these harmful effects can arise as a result of the drugs or injections used while the effects are osteoporosis, fat accumulation, depression, diabetes and heart disease. From the side effects that endanger the life of the defendant, the government as the legislator of Government Regulation number 70 year 2020 which contains a void in legal norms should consider adding anticipatory action rules and actions that must be taken if the defendant gets side effects during or after chemical castration is carried out
HASIL REKAMAN SUARA SEBAGAI ALAT BUKTI YANG DIMILIKI OLEH KORBAN TINDAK PIDANA Firza Nafira Attamimi; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.138

Abstract

Many cases in Indonesia use voice recordings as evidence. However, many people do not understand very well whether the voice recording can be used as evidence. Voice recordings can be used as evidence depending on how to obtain them. Evidence has been regulated in the Criminal Procedure Code. However, it is not explained about the evidence in detail, especially evidence of voice recordings that use electronic media. In the Law of the Republic of Indonesia Number 19 of 2016 About Changes For Law Number 11 of 2008 concerning Information and Electronic Transactions of voice recordings has been regulated in it. But the rules are vague and not detailed. Thus it is necessary to conduct research related to the strength of sound recording evidence in solving criminal cases. The author will explain the power to validity of sound recording evidence. The research method used by the author normatively is based on the relevant Laws and Regulations. The author also uses the method of the Law and conceptual approach, and the technique of collecting legal materials taken through literature studies
PEMBERIAN REMISI BAGI PELAKU TINDAK PIDANA KORUPSI Alfiana Dwi Putri Maesty; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.142

Abstract

The Corruptionf Eradicationf Law specificallyf regulatesf its ownf proceduralf law forf law enforcement fperpetrators of criminal cts of fcorruption. Broadly, the fhandling of fcorruption is distinguished from thef handling of other special crimes. This ftype fof fresearch is ffnormative legalf research, namely research conducted by reviewing legal materials obtained through library research. In normative research, the written law is studied from several spects such s philosophical theory, fcomparison, fstructure or composition, fconsistency, fgeneral explanationf nd explanation of each rticle, formality, nd binding power of  law nd the language used is legal language. In the end, the criminal verdicts handed down by judges on corruption convicts will not be right on target, because the deterrent effect fthat fwas intendedf to be given to the corruption convicts to carry out self-improvement has not been chieved, because the convict can continue to experience  reduction in his prison term nd the purpose of the sentence is not chieved. This lso pplies to prospective corruptors who see that remission will be  tool to get out of prison easily so that the element of punishment, which is useful for scaring someone from committing  crime will be reduced nd in the end it is feared that the increase in corruption will be difficult to contain. . In ddition, the Indonesian Correctional System ctually means fostering prisoners who have integrity with the community nd lead to the integrity of life nd livelihood. Correctional s  process of moving by stimulating the emergence nd development of self-propelling djustment towards personal development through its own ssociations djusting to the integrity of life nd livelihood. Reducing the period of detention which will reduce the effect lso reduces the important essence of the penitentiary system, namely the period of detention is  period of development, given the characteristics of this extraordinary crime of corruption
KEBIJAKAN KEJAKSAAN AGUNG RI TENTANG PENGHAPUSAN TINDAK PIDANA KORUPSI DI BAWAH 50 JUTA DITINJAU DARI RESTORATIVE JUSTICE Wahyu Danang Subiantoro; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.147

Abstract

The Attorney General's Office of the Republic of Indonesia is a public prosecutor's office located in the capital city of the Republic of Indonesia, which is directly responsible under the president and whose jurisdiction covers the territory of the Republic of Indonesia. The Prosecutor's Office of the Republic of Indonesia is a state institution that exercises state power, especially in the field of prosecution. As a body that has the authority to enforce law and justice, the prosecutor's office is led by the Attorney General who is elected by and responsible to the president. The Prosecutor's Office as one of the state institutions in law enforcement is required to play a greater role in upholding the rule of law, protecting the public interest, upholding human rights, and eradicating corruption, collusion, and napotism. Restorative justice is one of the concepts of law enforcement in the settlement of cases that can be used as an instrument of recovery and has been implemented by the Supreme Court in the form of policy enforcement, but its implementation in the criminal justice system in Indonesia is still not optimal. Restorative justice is an alternative for solving criminal cases which in the mechanism of criminal justice procedures focus on punishment which is converted into a dialogue and/or mediation process involving the perpetrator and the victim to create an agreement on the settlement of criminal cases that is fair and balanced for the victims and the perpetrators themselves. . Meanwhile, according to the legal perspective, corruption is an act against the law with the intention of enriching oneself and/or other people, both individuals and corporations that can harm the state, such as bribery, extortion, embezzlement in office, fraudulent acts, conflicts of interest in procurement, and gratuities
PERLINDUNGAN HAK ASASI MANUSIA OLEH ANAK TERHADAP DISPARITAS PUTUSAN TINDAK PIDANA NARKOTIKA Elisabeth Adisty Novena; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.148

Abstract

Disparitas putusan hakim dianggap sebagai isu yang mengganggu dalam system peradilan pidana terpadu dan prakterk disparitas taku hanya ditermukan di Indonesia. Disparitas hukum juga sering dihubungkan dengan independensi hakim. Model pemidanaan diatur dalam peundang-undangan berupa perumusan sanksi pidana maksimal juga ikut memberi andil dalam praktek ini. Disparitas putusan hakim terhadap perkara yang sama terhadap tindak pidana yang dilakukan oleh anak masih kerap terjadi pada putusan pengadilan khususnya tindak pidana penyalahgunaan narkotika. Tujuan dari penelitian ini adalah mengetahui perlindungan dalam perspektif Hak Asasi Manusia pada anak terhadap disparitas putusan tindak pidana penyalahgunaan narkotika. Metode penelitian yang digunakan adalah yuridis normatif dengan menggunakan pendekatan perundang-undangan
PERTIMBANGAN HUKUM MENGENAI NOODWEER SEBAGAI DASAR PEMBELAAN DIRI TERHADAP PSIKOPAT DALAM DELIK PEMBUNUHAN Linda Tri Yulia; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.151

Abstract

The purpose of this research is to find answers and also someone with legal certainty when a person suffering from a psychopath commits noodweer in 49 KUHP which causes death, whether they can be convicted or not. Researchers use normative legal research by taking inventory and reviewing or analyzing secondary data in the form of primary legal materials and secondary legal materials by understanding law as a set of rules or positive norms in the statutory system that regulates human life which aims to find out about the rule of law, legal principles, and legal doctrines which is actually in order to provide an answer and solve problems on the legal issues that being studied. By using that concept that the researcher has created, the researcher also wants to explain the reasons for justification and forgiveness in the abolition of crimes for people with psychopaths and examine the determination of which legal rules are appropriate to be imposed on a psychopaths patient. So as to be able to provide an answer regarding the research study being studied
PENERAPAN SANKSI YANG TEPAT TERHADAP PENGGUNA SEPEDA YANG MELANGGAR ATURAN LALU LINTAS Fransiska Rambu Kudu; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.190

Abstract

Traffic violations are the problem that often occurs and can endanger other road users’ safety. Along with technological development, the number of bicyclists has also increased. This enhancement became a trigger for violations committed by bicyclists on the highway. The enhancement of bicyclists is not accompanied by a sense of awareness and safety in driving and often ignores the traffic rules that have been settled. Not only that, the lack of a sense of discipline also causes the bicyclists to become perfunctory to the traffic rules. Based on these explanations, the objective of this research is to find out the most appropriate punishment for the bicyclists that break the traffic rules, so they could obey the traffic rules that applied based on the law and how these laws can be applied in society
PERTANGGUNGJAWABAN PIDANA BAGI PARA PELAKU DOXING MENURUT UU ITE DAN UU PDP Muhammad Arvy Chico Armando; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.201

Abstract

This research will discuss Doxing, which is an internet crime that is committed by collecting someone's personal data. Then this personal data will be disseminated to intimidate the target. Victims of doxing are generally journalists, politicians, activist groups, and ordinary people. The purpose of doxing is to silence someone and sometimes just for fun. This study uses a normative juridical method, with inventory techniques and analyzes in secondary data consisting of primary legal materials and secondary legal materials with the technique of understanding the law as a guide in a legislation that regulates doxing whose aim is to find legal principles, rules -rule of law, and legal doctrine aim to provide answers in solving legal issues that have been researched. By using this concept, researchers want to explain criminal penalties for doxing perpetrators according to applicable regulations. So as to be able to provide answers regarding the research study being studied
KEKUATAN HUKUM ALAT BANTU PENDETEKSI MATA SEBAGAI ALAT PEMBUKTIAN Muhammad Wahyudi; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.206

Abstract

As time goes on, the use of eye detection tools has become more widespread, both in the workplace and in the legal process in Indonesia. While these tools are a relatively new technology in Indonesia and have both benefits and drawbacks that must be considered, their importance in collecting relevant and reliable evidence in court cannot be denied. The use of eye detection tools can facilitate the investigation process and provide a higher level of legal certainty for those involved. However, there are still issues that need to be addressed regarding the use of eye detection tools as evidence in legal proceedings, such as the lack of regulation in Indonesian law. Therefore, it is important to have a deeper understanding of the legal status of eye detection tools in the criminal judicial process in Indonesia. The goal of this research is to examine the legal strength of eye detection tools as a support tool in the criminal judicial process in Indonesia. The research method used is normative juridical, involving an analysis of relevant laws and journals. In this research, there are issues that need to be addressed, including the lack of regulation on the legal status of eye detection tools as evidence in criminal proceedings and the lack of regulation in Law No. 8 of 1981 on the Criminal Procedure Code. Despite this, eye detection tools are widely used in various places, such as hospitals, offices, and others. The public sees the existence of eye detection tools as providing certainty and security in terms of data protection."
Co-Authors Alfiana Dwi Putri Maesty Amelia Puspita Sari Bima Meidianto Nugraha Elisabeth Adisty Novena Evi Nur Saputri Firza Nafira Attamimi Fitria Indah Damayanti Fransiska Rambu Kudu Irvan Abu Arifaini Jihan Nika Rohfatul Adhana Linda Tri Yulia Michael Steven Ernanda Muhammad Arvy Chico Armando Muhammad Dacha Ramadhan Muhammad Wahyudi Nesya Warapsari Ramadhan Aji Pamungkas Rupertus Paskalianus Iwan Leki Setia Sekarwati Tollif Adih Pambudih Wahyu Danang Subiantoro