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Ahmad Badawi
Universitas 17 Agustus 1945 Banyuwangi
Agriculture, Biological Sciences & Forestry Humanities Economics, Econometrics & Finance Education Nursing

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TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMALSUAN SURAT KETERANGAN SEHAT DI TENGAH WABAH COVID-19 BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA (Studi Kasus Putusan Nomor 102/Pid.B/2020/PN.Nga dan Putusan Nomor 138/Pid.B/2022/PN Klk) Ahmad Badawi; Gledy Berliana
Nusantara Hasana Journal Vol. 2 No. 3 (2022): Nusantara Hasana Journal, August 2022
Publisher : Nusantara Hasana Berdikari

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Abstract

Crime is a social problem that occurs in the midst of society, because the perpetrators and victims are also members of the community. And it can be concluded that the crime will continue to run/develop along with the dynamics of people's lives. In Indonesian legal arrangements, the criminal act of forging letters is regulated in Articles 263 to 276 of the Criminal Code. The formulation of the research problem is (1) How is the application of the law to participate in the purchase of fake medical certificates, originally the witness became a suspect in the decision in Decision Number 102/Pid.B/2020/PN.Nga and Decision Number 138/Pid.B/2021/PN cl? (2) What is the difference between the elements of responsibility of the perpetrator in the act of falsifying medical certificates and the results of the antigen swab test in convicting criminal acts in the case of Decision Number 102/Pid.B/2020/PN.Nga and Decision Number 138/Pid.B/2021/ PN Klk The research method used is normative legal research. The nature of this normative research is descriptive. The approach used is a statutory approach and a case approach. The results of this study are (1) the judge ignores the participation of buyers or users of fake letters in Decision Number 102/Pid.B/2020/PN.Nga and Decision Number 138/Pid.B/2021/PN Klk. The judge should also look at the legal facts at trial. Based on the provisions of Articles 263 and 268 of the Criminal Code, in addition to the perpetrators of writing letters, users of health certificates are also threatened with the same sentence, namely 6 (six) years in prison. (2) The difference in the element of responsibility in this research case, namely Decision Number 102/Pid.B/2020/PN.Nga is subject to Article 268 of the Criminal Code and sentenced to the Defendants, namely 2 (two) years in prison. Meanwhile, Decision Number 138/Pid.B/2021/PN Klk is subject to Article 263 Paragraph (1) of the Criminal Code with imprisonment for 1 (one) year and 10 (ten) months. The author does not agree with the judge's verdict, it should be Decision Number 102/Pid.B/2020/PN. in the category of forgery of ordinary letters in general, namely Article 263 of the Criminal Code.
The Executorial Nature of Fiduciary Guarantee Certificates as Equivalent to Final and Binding Court Decisions Ahmad Badawi; Nikmatul Keumala Nofa Yuwono
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i3.365

Abstract

In the fiduciary guarantee certificate, the phrase “For the Sake of Justice Based on God Almighty” is included, which grants it the same executorial power as a court decision with permanent legal force, as regulated in Article 15 of Law Number 42 of 1999 on Fiduciary Guarantees. This study examines three main problems: first, the function of the principles of publicity and speciality in fiduciary guarantee registration; second, the legal force of the fiduciary guarantee certificate; and third, its position as the basis for execution of fiduciary guarantee objects. The research adopts a doctrinal method aimed at systematically explaining legal rules, analyzing interrelations among them, clarifying obscure aspects, and predicting future developments. The approach combines statutory, conceptual, and historical perspectives, employing both primary and secondary legal materials, alongside non-legal references, analyzed through a deductive-qualitative method. The principle of publicity functions to ensure accessibility in identifying fiduciary objects, while the principle of speciality provides legal certainty to fiduciary recipients. However, the fiduciary guarantee certificate is issued by the Ministry of Law, which does not possess the authority to grant executorial power. Therefore, from a theoretical standpoint, the fiduciary guarantee certificate should not equate to a court decision with permanent legal force but rather serve merely as proof of registration containing the statement “For the Sake of Justice Based on God Almighty.” This reveals a normative contradiction between statutory regulation and the practical interpretation of the certificate’s legal force”.
The Executorial Nature of Fiduciary Guarantee Certificates as Equivalent to Final and Binding Court Decisions Ahmad Badawi; Nikmatul Keumala Nofa Yuwono
Rechtenstudent Vol. 5 No. 3 (2024): Rechtenstudent December 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i3.365

Abstract

In the fiduciary guarantee certificate, the phrase “For the Sake of Justice Based on God Almighty” is included, which grants it the same executorial power as a court decision with permanent legal force, as regulated in Article 15 of Law Number 42 of 1999 on Fiduciary Guarantees. This study examines three main problems: first, the function of the principles of publicity and speciality in fiduciary guarantee registration; second, the legal force of the fiduciary guarantee certificate; and third, its position as the basis for execution of fiduciary guarantee objects. The research adopts a doctrinal method aimed at systematically explaining legal rules, analyzing interrelations among them, clarifying obscure aspects, and predicting future developments. The approach combines statutory, conceptual, and historical perspectives, employing both primary and secondary legal materials, alongside non-legal references, analyzed through a deductive-qualitative method. The principle of publicity functions to ensure accessibility in identifying fiduciary objects, while the principle of speciality provides legal certainty to fiduciary recipients. However, the fiduciary guarantee certificate is issued by the Ministry of Law, which does not possess the authority to grant executorial power. Therefore, from a theoretical standpoint, the fiduciary guarantee certificate should not equate to a court decision with permanent legal force but rather serve merely as proof of registration containing the statement “For the Sake of Justice Based on God Almighty.” This reveals a normative contradiction between statutory regulation and the practical interpretation of the certificate’s legal force”.
Co-Authors Gledy Berliana Nikmatul Keumala Nofa Yuwono