Garuda - Garba Rujukan Digital

Pembuktian Terbalik Dalam Perkara Tindak Pidana Korupsi Ditinjau Dari Asas Praduga Tidak Bersalah (Presumption of Innocence) Bayu Dwi Putra; Muhammad Hendri Yanova
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.79

This study aims to examine and analyze the regulation and application of the reverse evidence system in the Corruption Eradication Act. This research is a normative legal research, the nature of prescriptive research is to re-examine according to legal theory against norms that are considered still unclear. The results of this study indicate that the regulation of reverse proof of corruption begins with Law Number 3 of 1971 concerning the Eradication of Criminal Acts of Corruption which has explicitly included it in Article 17. In its development, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption also regulates the reverse evidence, namely in Article 37. However, the policy in the formulation of the reversed evidence has not been able to represent the circumstances and situations in handling corruption crimes at that time where corruption was an extraordinary crime that had caused financial losses. country. The issuance of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes provides a clearer policy direction than the previous law, namely by improving the formulation of reverse evidence. The implication of the reverse proof system with this change is that there are two types of reverse proof systems contained in the law on eradicating corruption, namely balanced limited reverse proof and pure/full reverse proof.

Pelanggaran Lalu Lintas Dengan Menggunakan Kendaraan Atas Nama Orang Lain Dalam Perspektif Nilai Keadilan Apriansya Sinatra; Wandi Saputra; Muhammad Hendri Yanova; M. Febry Saputra
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 3 (2022): Edisi Oktober 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i3.83

The goal to be achieved in this legal research is to find out about the position of ownership in imposing sanctions on vehicle owners for traffic violations through Electronic Traffic Law Enforcement by other people which reflects the value of justice. In this study, normative research is used, namely research that obtains legal materials by collecting and analyzing legal materials related to traffic violations by using vehicles on behalf of other people in perspective of the value of justice. The nature of the research in writing this thesis is the nature of prescriptive research, namely the nature of research that re-examines according to legal theory against norms that are considered to be vague (vage of norm) and finds ideal and most applicable answers. The results of this study indicate that: First, enforcement of traffic violations through Electronic Traffic Law Enforcement uses the CCTV feature to identify evidence of traffic violations. The data taken in the form of license plate numbers, types of vehicles, and types of violations identified. Second, the Electronic Traffic Law Enforcement system is still not equipped with a facial scan feature to determine whether the perpetrator of the violation is really the owner of the vehicle. In addition to vehicles detected by Electronic Traffic Law Enforcement, owners who do not commit violations must take legal action to prove their guilt.

Breach of Contract: A Comparison Between Indonesian and Malaysian Contract Law Yati Nurhayati; Mohd Zamre Mohd Zahir; Muhammad Hatta; Muhammad Hendri Yanova; Parman Komarudin
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.21

The purpose of this research study aims to dissect the concept of Breach of contract in the civil law of two countries between Indonesia and Malaysia. As a country that has a different legal system but also recognizes Breach of contract or breaking promises in civil relations. In this research method, the type of research that the author uses is normative research. The nature of the research in this paper is the nature of comparative descriptive research. The approach used in this legal research is the statute approach, and the conceptual approach. The results of the study found that the Breach of contract in Indonesian civil law. This is a deviant act committed by one of the parties to the agreement from what was previously agreed without coercion which can result in losses for the opposing party and default in civil law in Malaysia as regulated in the 1950 Contract Law which is called Contract impossibility, a contract may be terminated. If the contracting parties fail to carry out the responsibilities contained in the contract.

Pembuktian Terbalik Dalam Perkara Tindak Pidana Korupsi Ditinjau Dari Asas Praduga Tidak Bersalah (Presumption of Innocence) Bayu Dwi Putra; Muhammad Hendri Yanova
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 2 (2022): Edisi Juni 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i2.79

This study aims to examine and analyze the regulation and application of the reverse evidence system in the Corruption Eradication Act. This research is a normative legal research, the nature of prescriptive research is to re-examine according to legal theory against norms that are considered still unclear. The results of this study indicate that the regulation of reverse proof of corruption begins with Law Number 3 of 1971 concerning the Eradication of Criminal Acts of Corruption which has explicitly included it in Article 17. In its development, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption also regulates the reverse evidence, namely in Article 37. However, the policy in the formulation of the reversed evidence has not been able to represent the circumstances and situations in handling corruption crimes at that time where corruption was an extraordinary crime that had caused financial losses. country. The issuance of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes provides a clearer policy direction than the previous law, namely by improving the formulation of reverse evidence. The implication of the reverse proof system with this change is that there are two types of reverse proof systems contained in the law on eradicating corruption, namely balanced limited reverse proof and pure/full reverse proof.

Pelanggaran Lalu Lintas Dengan Menggunakan Kendaraan Atas Nama Orang Lain Dalam Perspektif Nilai Keadilan Apriansya Sinatra; Wandi Saputra; Muhammad Hendri Yanova; M. Febry Saputra
Jurnal Penegakan Hukum Indonesia Vol. 3 No. 3 (2022): Edisi Oktober 2022
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v3i3.83

The goal to be achieved in this legal research is to find out about the position of ownership in imposing sanctions on vehicle owners for traffic violations through Electronic Traffic Law Enforcement by other people which reflects the value of justice. In this study, normative research is used, namely research that obtains legal materials by collecting and analyzing legal materials related to traffic violations by using vehicles on behalf of other people in perspective of the value of justice. The nature of the research in writing this thesis is the nature of prescriptive research, namely the nature of research that re-examines according to legal theory against norms that are considered to be vague (vage of norm) and finds ideal and most applicable answers. The results of this study indicate that: First, enforcement of traffic violations through Electronic Traffic Law Enforcement uses the CCTV feature to identify evidence of traffic violations. The data taken in the form of license plate numbers, types of vehicles, and types of violations identified. Second, the Electronic Traffic Law Enforcement system is still not equipped with a facial scan feature to determine whether the perpetrator of the violation is really the owner of the vehicle. In addition to vehicles detected by Electronic Traffic Law Enforcement, owners who do not commit violations must take legal action to prove their guilt.

Title

Found 5 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 5 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 5 Documents
Search