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Journal : Journal of Multidisciplinary Academic

 1 
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.
Legal Analysis in Airlines Business Over Middle of Covid-19 Pandemic at Indonesia Muhammad Nursultan Rachmat; Wasis Susetio
Journal of Multidisciplinary Academic Vol 5, No 4 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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Aviation is an inseparable part of every country's transportation which has dropped dramatically in the wake of the COVID 19 pandemic. Private airlines in Indonesia can continue to operate during the pandemic with passenger numbers are limited by the government about 40% -70%. As the result, high expenses in the cost and declining revenues. Consequently, in a reduction of employee’s number and a reduction employee’s salaries in the salaries who were still in the private aviation sector. Through PERPU No. 1 of 2020, the government provides financial assistance to help the private companies through Bank Indonesia. However, with the help of this regulation, a legal vacuum is created in its implementation in the aviation world to make facing the pandemic in Indonesia. In this situation, aid funds can be misused and misused. In order to avoid further consequences, regarding to the death of private airlines in Indonesia that affecting to all Indonesians people, it is necessary to bring more government attention as a form of solidarity with others. Stakeholders and Indonesian compatriots through a strategic sector policy and to create its implementation. In this case, the central government and the Directorate General of Civil Aviation can learn from other countries by proposing policies such as injection of funds with emphasis on the requirements of continuity of workers' employment contracts, in negotiating payment for aviation fuel, obtaining tax breaks and incentives for lower tariffs for airport services and other policies in the operational sector to encourage the expansion of aviation activities in Indonesia for survive and alive.
Responsibility for Criminal Action of Subsidiaries Abused Under the Age due to Heavy Wound (Case Study: Decision Pn. Tangerang No. 71 / Pid-Sus-Anak / 2018 / Pn. Tng) Angga Bastian; 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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This study aimed to describe the cases that had occurred also analyze from the legal side with the applicable law. Here, the name of cases is regarding the abuse carried out by minors which is the result in this case contain a serious injury No: 71/ Pid-Sus-Anak / 2018 / PN Tng. Thus, we proposed a qualitative data study using normative juridical methods. The results showed the process of handling child law prioritizes on diversion process. Here, the legal process in the diversion stage was carried out from the investigation stage, the prosecutor's office, and the court. However, the case relative fail through the trial process at Tangerang district court. Judges in deciding cases use Law regulation no. 11 of 2012 with a sentence of 10 months and training for 3 months. In the court process, there are several things and not appropriate and reduce the child's right to justice where the handling of the child is still not appropriate because the child is detained in a cell not at the Temporary Child Care Institution (LPSA) until the judge's decision read. In detention children are placed in detention (cells) so that this is not in accordance with Law No. 11 of 2012 concerning the juvenile justice system which should place children who conflict with the law placed in the Special Institution for Child Development (LPKA). This case has been done due to the facilities in the Tangerang jurisdiction do not yet have LPSA and LPKA facilities. Thus, for future research it’s expected to give emphasis to the justice of children in conflict with the law in order to get their rights in accordance with Law regulation no. 11 of 2012.
Judgment Considerations Analysis On Case No. 2531K / PID SUS / 2018 Sukino Sukino; 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

Corruption in Indonesia is widespread in society and continues to increase from year to year. Both in terms of the number of cases and the number that have occurred and state financial losses as well as in terms of more systematic crimes committed. The abuse of authority in the Corruption Eradication Law creates a gray area where official policies can have a criminal law dimension, with abuse of authority which is a form of maladministration and becomes a personal responsibility. abuse of authority requires that the perpetrator must be civil servants / state administrators. Research methods are used in this thesis writing, the type of research in this thesis is Normative research. Normative Law Research is to examine the principles of criminal law through literature study and what is used are materials related to the title of the thesis such as books, laws and regulations that will be reviewed and studied. because it is only the Civil Servant or State Officials who are authorized to abuse their authority in relation to their Position or Position in government. according to the author, in this matter or at least the panel of judges in imposing a criminal sentence on the defendant should have declared that the judge was proven guilty of abuse of power as indicted in the subsidair indictment. Defendant as a Civil Servant Position as Proxy of Budget User and Commitment Making Officer is the use of authority for procurement of goods and services based on authority, procedure, substance. Of the 10 (ten) Court Decisions, the Application of Criminal Imposition against the defendant / perpetrator a civil servant who has a position or position in the procurement of goods and services as a budget User or Budget User Proxy (KPA), the panel of judges imposes a criminal based on legal considerations, namely 6 (six) proven guilty of committing a criminal act of corruption violating Article 3 (elements of abuse of power) of Law Number 31 of 1999 and which is combined with Law Number 20 of 2001 concerning amendments to the Law concerning Eradication of Corruption as in the indictment of the Criminal Code of Prison 1 (one) year to 3 (three) years and a fine of Rp. 50,000,000 (fifty million rupiah). Meanwhile, 4 (four) were found guilty of committing a criminal act of corruption violating article 2 (against the law) of Law Number 31 of 1999 which was combined with Law Number 20 of 2001 concerning amendments to the Law on Eradicating Corruption as indicted in the indictment. Primary Criminal imprisonment of 4 (four) years to 5 (five) years and a fine of IDR 200,000,000 (two hundred million rupiah). So, if it is seen that the imposition of criminal article 3 (three) is relatively lighter so that it does not provide a deterrent effect, it should be heavier, at least 5 (five) years because the perpetrator is an ASN who has a position or position. Article 3 should be revised imprisonment to be a minimum of 5 (five) years.
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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Abstract

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 Achmad Edi Subiyanto Ade Hari Siswanto Alfiana, Rita Ambiar, Muhammad Irvan Amwalan, Rashdan Bayumurti Anatomi Muliawan Angga Bastian Anna Triningsih Annisa Fitria Ari Gunawan Azis, Riska Amelia Azis, Rizka Amelia Aziz, Rizka Amelia Bertha, Anna Budiman Budiman Citra, Lana Fadila Dahlia, Merry Dekky Tiara Pra Setia Dwinanto, Rafi Rajendra Elawati, Tuti Ernawati Ernawati Fajar Sudariyanto Ferdian Togi Sinurat Feriza, Gousta Fitria Olivia Frisila, Amanda Helvis, Helvis Henry Arianto Hikmawati, Elok Horadin Saragih I Gede Hartadi Kurniawan I Made Kanthika Irmanjaya Thaher Ishak, Muhamad Juanda Juanda Judge , Zulfikar Kantikha, I Made Markoni Markoni Markoni Muhammad Nursultan Rachmat Nazah, Farida Nurun Nelly Dharma Nur Hayati Nurhayani nurhayani Pardamean Harahap Parman. Bm. Nainggolan Rahmadani, Adhining Prabawati Saido, Rochmat Sri Redjeki Slamet Sukino Sukino Suprajogi, Agus Veithzal Rivai Zainal Wardhani, Sri Pramudya Wasitaatmadja, Fokky Fuad Widiatno, Men Wih Wiraguna, Sidi Ahyar Zulfikar Judge