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All Journal Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Dian Adriawan Daeng Tawang
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PENANGANAN KEPOLISIAN TERHADAP TINDAK PIDANA SUAP MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI : The Police Handling Of Bribery Offenses According To Law Number 20 Of 2001 On The Eradication Of Corruption Offenses Dian Adriawan Daeng Tawang; Rini Purwaningsih; Siti Nurbaiti
Jurnal Hukum PRIORIS Vol. 11 No. 1 (2023): Jurnal Hukum Prioris Volume 11 Nomor 1 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i1.18627

Abstract

The eradication of corruption is one of the priorities for the Indonesian state in an effort to achieve a clean and corruption-free government. Currently, the regulation governing the eradication of corruption is Law Number 20 of 2001 concerning the Eradication of Corruption. One form of criminal act regulated in this law is bribery. Bribery is a serious threat to the Indonesian state. This crime can damage the judicial system, hinder development, and create social injustice. Therefore, the eradication of bribery must be carried out seriously and firmly by all parties, including the government, law enforcement, and the community. Some efforts that can be made are establishing institutions or special agencies in charge of handling bribery cases, providing education and training for law enforcement, and raising public awareness about the dangers of the crime of bribery, particularly law enforcement officers. The investigation and prosecution of bribery crimes are carried out by law enforcement agencies, such as police and prosecutors. Article 44 of Law Number 20 of 2001 states that the investigation of corrupt practices is conducted by investigators who meet special qualifications and is carried out firmly, quickly, and professionally. The purpose of this investigation and prosecution process is to uncover the truth about the bribery cases and punish the perpetrators. Keywords:. Police Investigation, Bribery, Corruption
- TINDAK PIDANA PENCURIAN YANG DILAKUKAN SECARA BERSEKUTU STUDI PUTUSAN NOMOR 203/Pid.B/2021/PN.LLG: - Junandri Caesar Putra; Dian Adriawan Daeng Tawang
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18581

Abstract

Theft is one of the most common criminal offenses, with a lot of news in various mass media, both electronic and print media. The crime of theft is usually motivated by the circumstances of the perpetrator's daily life. In this study, there is a case with the perpetrator named Rio Pratama bin Sarnubi committing a theft crime committed in concert, but the perpetrator's actions in verdict number 203/Pid.B/2021/PN.LLG were decided by article 365 paragraph (1) and paragraph (2) of the Criminal Code on violence. The main problems raised in this thesis are 2 (two), namely, How the Criminal Act by the Perpetrator is in accordance with Article 363 paragraph (1) 4 of the Criminal Code and How the Act Against the Crime of Theft Committed in Accord Decision No. 203/Pid.B/2021/PN.LLG. The actions of the perpetrator are included in the crime of theft, in this case the actions are regulated in Article 363 paragraph (1) 4th of the Criminal Code regarding theft committed jointly. The Linggau District Court in deciding a criminal offense is not in accordance with the applicable laws and regulations. Judges in handling a criminal offense should understand that the principle of legality and the principle of legal certainty must be prioritized in seeing the actions and facts in order to decide a case appropriately.
SANKSI PIDANA TERHADAP KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ZAINAL ARIFIN (PUTUSAN NOMOR : 1346/PID.SUS/2023/PN.SBY): Criminal Sanctions for Traffic Accidents Resulting in the Loss of Zainal Arifin Life (Decision Number: 1346/Pid.Sus/2023/Pn.Sby) Erlina Patricia; Dian Adriawan Daeng Tawang
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24692

Abstract

The purpose of this study is to analyze Decision Number: 1346/Pid.Sus/2023/Pn.Sby on Criminal Sanctions for Traffic Accidents Resulting in the Loss of  Zainal Arifin Life. The identification problems discussed are 1) Is the provision of criminal sanctions against the defendant Caesar Rianaditya Fasa Ardiansyah Bin Djoko Purnomo which resulted in loss of life by Law Number. 22 of 2009 concerning Traffic and Transportation Roads?; and 2) Is the criminal sanction imposed by the Panel of Judges in Decision Number: 1346/Pid.Sus/2023/Pn.Sby by imposing a prison sentence of 5 (five) months by the objectives of punishment?. This research uses a type of normative legal research which is descriptive analysis, using secondary data, then processed qualitatively. This study  result and oncludes that the 1) criminal sanction imposed on the defendant is very light and not optimal because it is not by the criminal sanctions in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Traffic and Transportation Roads, and has not reflected a sense of justice; 2) the imposition of criminal sanctions is not by the objectives of punishment in absolute theory, relative theory, combined theory and contemporary theory.
SANKSI PIDANA TERKAIT DENGAN PUTUSAN NO.890/PID.SUS/2022/PN.JKT.BRT.: Juridical Review of Criminal Sanctions related to Decisions Number 890/Pid.Sus/2022/Pn. Jkt. Brt. Silawati Dayang Ganjar; Dian Adriawan Daeng Tawang
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24739

Abstract

Cyber law is regulated in the ITE Law. Still, the criminal sanctions it regulates are often imposed much lighter than the maximum penalty threatened, such as the Borobudur Temple Stupa meme case in Decision No. 890/Pid.Sus/2022/PN.Jkt.Brt. Identification of the problems that will be researched, namely: what caused the judge to impose a lighter criminal sanction than the ITE Law regulation in Decision Number 890/Pid.Sus/2022/PN.Jkt.Brt.? And, is the criminal sanction in Decision Number 890/Pid.Sus/2022/PN.Jkt.Brt. in accordance with the purpose of punishment? The research method used is normative research, descriptive in nature, using secondary data through literature study, and qualitative data analysis. The research result and conclusion of the research shows that the judge imposed a lighter criminal sanction because the defendant did not have the intention to commit an act that caused hatred or hostility as regulated in Article 28 paragraph (2) jo. Article 45 of the ITE Law. This lighter criminal sanction is not in accordance with the 3R+1H punishment objectives, namely: Reformation, Restraint, Retribution, and Deterrence. The panel of judges should impose a heavier punishment based on the principles of justice, legal certainty, and expediency to achieve the objectives of punishment.
Co-Authors Erlina Patricia Junandri Caesar Putra Rini Purwaningsih Silawati Dayang Ganjar Siti Nurbaiti