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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Ensiklopedia Education Review
Rocky Marbun
Fakultas Hukum, Universitas Pancasila
Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PRINSIP KEHATI-HATIAN DALAM MENETAPKAN TERSANGKA SEBAGAI PARAMETER PENGUJIAN TINDAKAN PENYIDIK MELALUI PRAPERADILAN Rocky Marbun; Debby Monica Sinaga
Ensiklopedia Education Review Vol 4, No 2 (2022): Volume 4 No 2 Agustus 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v4i2.717

Abstract

Investigators, both in the Indonesian National Police Institution and who are in other law enforcement institutions, in the investigation process have the authority to determine someone suspected of committing a criminal offense as a suspect, as regulated in Article 7 paragraph (1) of the Criminal Procedure Code. However, in the level of criminal justice practices, investigators interpret the authority absolutely by establishing someone as a suspect based on a minimum of two pieces of evidence. Although, the Constitutional Court has given limits to the determination of suspects, however, with the issuance of the Supreme Court Regulation Number 4 of 2016 concerning the Prohibition of Review of Pre-Trial Decisions (SCR No. 4/2016) gives limits to the establishment of formal requirements. Based on this, researchers submit the problem “What is the form of violation of the precautionary principle in establishing a person as a suspect who is the object of a pretrial application?” This study uses a normative juridical method using secondary data through literature studies. The results of this study indicate an obligation for investigators to meet the investigation standards in the process of determining the suspect based on the decision of the Constitutional Court Number 21/PUU-XII/2014, the Criminal Procedure Code, and the Internal Regulations of each Law Enforcement Institution.Keywords: Determination of Suspect, Precautionary Principle, Pretrial, Evidence, Investigator
Kajian Yuridis Penerapan Turut Tergugat dalam Gugatan Wanprestasi dan Sita Jaminan Victor Ary Subekti; Rocky Marbun
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (254.021 KB) | DOI: 10.36418/syntax-literate.v8i5.12076

Abstract

In civil law, problems in the legal realm can occur due to someone's actions that harm others, intersecting with the legal realm in the sense of a non-conformity of intent with the purpose in an agreement or agreement. The actions of a person or certain party in an agreement or agreement, which harms other parties are actually regulated in law are also called unlawful acts, while those that harm others due to negligence, negligence, or broken promises are known as defaults or defaults. This study will review the position of the Defendant in a tort lawsuit, which aims to provide an explanation of the legal standing of the Defendant, other than the Plaintiff or Defendant, in a civil case. Although the existence of Defendants in laws and regulations has not been regulated, there have been many legal experts who discuss it and there are also many Supreme Court jurisprudence that can be used as a basis. In compiling this journal, the author uses qualitative research methods by collecting data taken from civil law literature sources so as to produce a summary of explanations that can be used as a reference in proceedings in civil law.
Co-Authors Debby Monica Sinaga Victor Ary Subekti