Endah Lestari Dwirokhmeiti
Faculty of Law, Narotama Universty Surabaya

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Legal Journal "Examination of the Judge's Decision in the Acts of Online Football Gambling" (Case study 2864 / Pid.B / 2019 / PN.sby) Diki Wendyanto; Endah Lestari Dwirokhmeiti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.119

Abstract

The Criminal Code (KUHP) has criminal rules outside of the Law, namely Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), in the world of sports the name football is one of the most famous sports games where -where. In the world of football, players are familiar with good gambling. football or the audience and even the referee as a court also participates in a gamble, but in principle playing gambling as stipulated in Article 303 of the Criminal Code (KUHP) and Article 27 paragraph (2) of the ITE Law. appropriate in its application to the Surabaya Court Decision number2864 / Pid.B / 2019 / PN sby regarding the Crime of Online Gambling from the probleman the writer can formulate the problem namely What is the decidendi ratio for the High Court Decision Number 2864 / Pid.B / 2019 / PN sby? and Is the application of the judge's decision on Decision 2864 / Pid.B / 2019 / PN sby in accordance with the elements of material criminal law? The method used by the author is a normative type with a statutory approach, conceptual, case analysis. In this verdict, it turned out that the judge was not careful about his judgment.This is related to the indictment of the Public Prosecutor who only accused the defendant under Article 303 Paragraph (1) 2nd. In fact, when the indictment does not meet the requirements for an accurate, clear and complete description, the indictment letter will be null and void.
Legality of Release of Prisoners During the COVID-19 Pandemic in Positive Law Studies Moch. Faizal Adi Wardana; Endah Lestari Dwirokhmeiti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 17 No. 4 (2022): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v17i4.120

Abstract

When COVID-19 has been declared a National disaster, the Government of Indonesia assesses the need for fast action as an effort to save the community, prisoners and prisoners through assimilation and integration of the spread of the COVID-19 virus. Basically every prisoner is entitled to parole. Parole is the process of coaching prisoners outside prisons after serving at least 2/3 of the sentence from a minimum of nine months. So in essence, prisoners who are entitled to parole are those who have served 2/3 of their sentence. According to the Ministry of Law and Human Rights, the Assimilation and Integration program is also considered very helpful. Because in this way it can also help break the chain of spreading the COVID-19 virus. For prisoners who are released through assimilation and integration, they still receive supervision from the government. And for those who violate their assimilation will be revoked and given a harsher punishment.The general public already understands when they hear words such as prison, jail, detention center, and correctional facility and they really know who is the occupant of these places. Crime, murder, theft, robbery, rape, and so on are various types of criminal acts that make the perpetrators languish in them so that they get the title of prisoner at the end of their free period, or possibly get a higher level title, namely "Recidivist". The formulation of the problems contained in this research are: 1. What are the conditions for the release of prisoners during the COVID-19 pandemic in terms of positive law in Indonesia? 2. Is the policy for the release of prisoners during the COVID-19 pandemic accompanied by sanctions for Recidivists? The results of this study are about the policies of the Ministry of Law and Human Rights regarding Assimilation and Integration. How about the terms of policy rules or sanctions for released prisoners to repeat the criminal act.