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Abdul Hayy Nasution
Fakultas Hukum Universitas Pamulang
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Unsur-Unsur Pidana Pemalsuan Pasal 263 Ayat (1) KUHP JO Pasal 55 Ayat (1) Ke-1 KUHP dalam Surat Keterangan Bebas Covid-19 Abdul Hayy Nasution
LITERATUS Vol 4 No 2 (2022): Jurnal Ilmiah Internasional Sosial dan Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v4i2.846

Abstract

The extraordinary circumstances of the Covid 19 disaster in 2019 the Indonesian government won swiftly by issuing a number of regulations for handling Covid 19 in the country. This study aims to analyze criminal acts in the Forgery of Covid 19-free rancidity letters, but to prove it as a criminal act, objective elements and subjective elements must be fulfilled as a mistake as well as the criminal act has fulfilled the nature of being against the law as the charges so that it can be subject to punishment because it has been proven to be legally against the law and against the material law. The research method used is qualitative with documentation data collection techniques that refer to certain regulations in drawing conclusions. Hasal this research is a criminal act as an act threatened by the law because it is contrary to the law it is done by someone who is able to be responsible, there are two groups of elements to criminal acts such as objective elements and subjective elements, something from outside the perpetrator in the form of actions that are prohibited / required, consequences, and certain circumstances are temporary objective elements attached to the perpetrator in the form of errors and abilities responsible is a subjective element.
Pembuktian Tindak Pidana Anak dalam Proses Peradilan Dilihat dari Pasal 1 Angka 27 Kitab Undang-Undang Hukum Acara Pidana (Kuhap) Studi Kasus pada Putusan 380/Pid.Sus/2022/Pnckr.”: Studi Kasus pada Putusan 380/Pid.Sus/2022/Pnckr.” Abdul Hayy Nasution
LITERATUS Vol 4 No 3 (2022): Pergeseran Sosial, Budaya, dan Hukum dalam Menghadapi Era Society 5.0
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v4i3.1051

Abstract

This research was conducted with the aim of knowing how the position of witnesses in criminal cases and what is the role of witnesses as one of the tools of evidence in criminal proceedings according to the Criminal Procedure Code. By using normative juridical research methods it can be concluded: that the position of a witness in a criminal case is a powerful means of proof to reveal and dismantle crimes. From the investigation stage to proof before the court, even in practice, the position of a witness is very important, often a determining factor and success in disclosing a case, because it can provide 'witness testimony' which is placed as the first of the five valid pieces of evidence as stipulated in the Article 184 KUHAP. Without the presence and role of a witness, it is certain that a case will become an obscure event, because in the legal system in force in Indonesia, what is the reference for law enforcers is a statement or statement that can only be obtained from a witness or expert, as well as the role of the witness' statement as wrong. One means of evidence in the criminal case process will be able to reveal the crime that occurred. Because the testimony of the witness is of its nature as the main means of evidence, it will be difficult for the witness' statement to prove that the crime charged against the defendant is denied by the defendant.
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