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UPAYA PRAPERADILAN ATAS PENGHENTIAN PENYIDIKAN TERHADAP TINDAK PIDANA PEMALSUAN SURAT MENGANDUNG OBSCUUR LIBEL Riswan Munthe; Yusuf Hanafi Pasaribu; Sri Hidayani
Jurnal Yuridis Vol 11 No 1 (2024): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v11i1.7087

Abstract

The aim of this research is only to focus on discussing the authority of pre-trial institutions regarding the termination of investigations carried out by the Police regarding criminal acts of document forgery and procedures for whether or not the termination of an investigation (SP3) is valid based on evidence as well as pre-trial applications containing obscuur libel based on decision Number 43/Pid. Pra/2023/PN Mdn. The research method used is normative legal research, which refers to library materials or secondary data. The collection of materials used is literature study based on books, journal articles and field studies by taking court decision data, then the data is analyzed qualitatively. The results of this research found that the pre-trial authority to terminate investigations carried out by the Police regarding criminal acts of forgery of documents, namely pre-trial in accordance with the provisions of Article 1 point 10 of the Criminal Procedure Code and Article 77 of the Criminal Procedure Code and based on the decision of the Constitutional Court of the Republic of Indonesia Number 21/PUU-XII/2014 has been given three new pretrial object authority, namely the determination of suspects, search and confiscation. The procedure for whether to stop an investigation (SP3) is valid or not if it refers to the provisions of Article 109 paragraph (2) of the Criminal Procedure Code, namely stopping the investigation because there is not enough evidence or the incident turns out not to be a criminal act or the investigation is stopped by law. Meanwhile, the pretrial petition containing obscuur libel in decision Number 43/Pid.Pra/2023/PN Mdn, based on the judge's considerations in the posita and petitum of the applicant's pretrial petition, has conflicted with one another, so that the judge's obscuur libel petition contains formal defects.
The Role of Villages in Implementing Quality General Elections in Indonesia (Poritibi Lama Village Study) Muhammad Yusrizal Adi Syaputra; Riswan Munthe; Anggraeini Atmei Lubis
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5594

Abstract

Village involvement in creating quality elections is the responsibility of the village government through political education of village communities. The 2020 simultaneous elections were held in 270 regions consisting of 9 provinces, 224 regencies and 37 cities throughout Indonesia. Karo Regency is one of 37 regions holding regional head elections. Karo Regency, which has 259 villages, can be seen from the general election statistical data as an area that has a very low level of community participation in elections, meaning that community involvement in exercising their political rights is not significant. The percentage of total community participation in Karo Regency has not yet reached 50 percent. This shows that the level of community participation is not yet good, because it has not been able to approach the political participation target set by the KPU of 77.5 percent. This research will examine the role of the village government in improving the quality of fair and high-quality elections, as well as examine the obstacles of the village government in implementing political education and village community participation in elections. The analytical method in this research uses empirical juridical research. Data comes from primary data. Data collection instruments are observation, documentation studies and interviews, while data analysis uses descriptive analysis. This research produces findings that the village government plays a role as a government institution that has an influence on increasing community participation through community political education, collecting community data for voter data which is submitted to the Regional General Election Commission (KPUD), conducting outreach about elections to the community, providing village security during voting. The second result shows that the village government has not implemented the function of political education for the people well. The factors that hinder the Partibilama Village Government in political education are the lack of human resources in Partibilama Village, financial factors of the village government and cultural factors of the Partibilama Community..