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ASPEK KEPERDATAAN PERBUATAN MELAWAN HUKUM PADA PERKARA PENCEMARAN NAMA BAIK DALAM ERA PERKEMBANGAN TEKNOLOGI DAN INFORMASI GUNA REFORMULASI PENEGAKAN HUKUM Arsyad Aldyan; Muhammad Rustamaji; Ismawati Septiningsih; Zakki Adlhiyati; Itok Dwi Kurniawan
Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan Vol 11 No 2 (2022): JURNAL GLOBAL CITIZEN JURNAL ILMIAH KAJIAN PENDIDIKAN KEWARGANEGARAAN
Publisher : Prodi PPkn Universitas Slamet Riyadi

This article discusses the civilian aspect in defamation cases which is intended to reform law enforcement against defamation cases. This article uses normative research methods and uses a legislative approach. Defamation is indeed an act that violates the law and certainly harms the person whose reputation is tarnished, but with this loss, it is seen that it is possible to resolve this issue can be resolved through a civil law approach with aspects of illegal acts. This is because the application of criminal sanctions is the ultimate medium, and also of course the essence is to look at the resolution of the problem. Reformulation of law enforcement policy in defamation cases leading to civil settlement is of course intended so that the aggrieved person also receives compensation from the perpetrator, and also the perpetrator is obliged to pay compensation, so as not to release the perpetrator of defamation for the act committed, but not in the presence of criminal sanctions law enforcement.

KEDUDUKAN VISUM ET REPERTUM DALAM PERTIMBANGAN HUKUM HAKIM TERHADAP PERKARA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN Aulia Nur Ainun; Arsyad Aldyan
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.71509

The purpose of this legal research is to determine the position of visum et repertum in the judge's legal considerations of persecution that caused death with the case study of Decision number 410/Pid.B/2020/PN.CKR. This legal research is included in the type of normative legal research which is prescriptive with a case approach and statutory approach. The data collection technique used by the authors in this legal research is a library research. The results of the reseacrh showed that the letter evidence is in the form of visum et repertum in the case with decision Nnmber 410/Pid.B/2020/PN CKR has an important role in assisting the Panel of Judges in their considerations for imposing a sentence on the crime ofpersecution that causing someone’s death which based on Article 183 of the Criminal Procedure Code, visum et repertum is required in strengthening other evidences that have existed. The position of the visum et repertum in the perspective of evidentiary law as a judge's legal considerations, it is an authentic deed that becomes valid evidence in accordance with the provisions of evidence set forth in Article 187 jo. Article 184 paragraph (1) letter c which plays a role in creating a material truth.Keywords: Visum et Repertum; Judge’s Legal Consideration; Persecution that Caused Death

PEMBUKTIAN VISUM ET REPERTUM PADA TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN Indah Wulandari; Arsyad Aldyan
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.71602

This article analyzes theproofof Visum et Repertum onthe criminal act of persecution resulting in death. The purpose of this article is to find out Visum et Repertum from the perspective of evidentiary law onthe criminal act of persecution resulting in deathin the context ofacase study ofDecisionNumber 80/Pid.B/2022/PN Krg. This research is normative or doctrinal legal research that is prescriptive and applied. This research uses a case approach with the types of primary legal materials and secondary legal materials. The technique of collecting legal materials using document studies or literature studies. This research uses legal material analysis techniques with a deduction syllogism method. Based on this study, the results were obtained that Visum et Repertum has met the perspective of evidentiarylaw, especially in the criminal act of persecutionresultingin death in the context of a case study of Decision Number 80/Pid.B/2022/PN Krg. From the perspective of evidentiary law, Visum et Repertum is included in the category of evidence and can have the power of proof as documentary evidence, expert testimony, and directive evidence.Keywords: Death; Persecution; Proof; Visum et Repertum

KAJIAN PENGGUNAAN PERLUASAN MAKNA KETERANGAN SAKSI PADA PERKARA PENGUASAAN NARKOTIKA DENGAN TERSANGKA MRP BIN P Tri Wahyu Wijanoko; Arsyad Aldyan
Verstek Vol 9, No 4: 2021
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72431

This research aims to investigate the use of Constitutional Court Decision Number 65/PUU-VIII/2010 as a legal basis for expanding the meaning of witness testimony in order to convict MRP Bin P, and to understand the reasons why expanding the meaning of witness testimony is necessary in this case. The research method used is doctrinal or normative legal research with a case study approach, and primary and secondary legal sources are collected through literature review techniques. The results of the study show that the lack of evidence in this case makes it difficult for investigators to prove the perpetrator's actions, and expanding the meaning of witness testimony is necessary to overcome this problem. Constitutional Court Decision Number 64/PUU-VIII/2010 provides an opportunity for arresting witnesses to prove the perpetrator's actions of possessing narcotics.Keywords: Narcotics; expansion of meaning; witness statement.

PERTIMBANGAN HAKIM TERHADAP HAL YANG MEMBERATKAN PADA TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT Marco Yoel Simamora Manalu; Arsyad Aldyan
Verstek Vol 10, No 4: 2022
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72820

In an era such today, crimes have increased. Crimes happened as the result of imbalance between human rights and their responsibility as a part of humanity. The damages cause by crimes that'd done by people can be whether its material or immaterial. One of the most famous form of crime that's quite known by people is a crime that involves human bodies. One of the example for that would be persecution. This study's aim in the writing is to analyze the judge's legal considerations in imposing a sentence of imprisonment of 8 (eight) months. The type of research used is normative legal research which is prescriptive and applied. This legal research approach uses a case approach. The legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is library research. The legal material analysis technique used in writing this law is the syllogism method with deductive thinking patterns. Based on the results of the research and discussion, it was concluded that the judge in making a decision complied with the Criminal Procedure Code in considering the juridical and non[1]juridical aspects of the offender.Keyowrds: Aggravating Circumstances ; Judge's Consideration ; Persecution Crime

ANALISIS PENGGUNAAN DAKWAAN ALTERNATIF SUBSIDAIR OLEH PENUNTUT UMUM DALAM PERKARA PERLINDUNGAN ANAK afina akmalia; Arsyad Aldyan
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73335

This study aims to determine the suitability of the use of alternative subsidiary forms of indictment by public prosecutors in proving child protection cases with the provisions of the KUHAP based on decision Number 13/Pid.Sus.Anak/2020/PN.Kln. This research is included in normative legal research with a case study. Techniques for collecting primary and secondary legal materials are obtained from document studies or literature. Based on this research, it was found that the use of an alternative subsidiary form of indictment by the public prosecutor in proving child protection cases in Decision Number 13/Pid.Sus.Anak/2020/PN.Kln is by the KUHAP. The Public Prosecutor in preparing the indictment has complied with the provisions stipulated in the Attorney General’s Circular Letter Number SE004/J.A/11/1993 concerning Making Indictments. The preparation of this subsidiary alternative indictment has met the formal and material requirements for an indictment as regulated in the provisions of Article 143 Paragraph (2) of the KUHAP. The Public Prosecutor used an alternative subsidiary form of indictment because the Public Prosecutor was unsure which article was most appropriate to apply to the actions he was charged with against the defendant.Keywords: Indictment, Alternative Subsidiary, Public Prosecutor, Child Protection

TINJAUAN PUTUSAN DI LUAR SURAT DAKWAAN TERHADAP PERKARA TINDAK PIDANA NARKOTIKA DAN PENGABAIAN SEMA NOMOR 1 TAHUN 2017 Yuan Angger Prasetya; Arsyad Aldyan
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.59752

This research aims to find out the reasons for the judge’s decision outside the indictment against a narcotics crime case associated with the theories in the Criminal Procedure Code and also SEMA Nomor 1 Tahun 2017. This research was conducted using doctrinal or normative legal research methods that are perspective or applied by using primary and secondary legal sources which are certainly related to the topic. The collection of legal materials by means of a literature study and using a statutory approach and a conceptual approach with a deductive syllogism so that it can be found whether the judge can decide on a case of narcotics crime outside the indictment. Keywords: indictment, judge decision, narcotics crime case.

ANALISIS KEKUATAN PEMBUKTIAN VISUM ET REPERTUM SEBAGAI BUKTI DALAM TINDAK PIDANA PEMERKOSAAN Salafiyyah Diwayanti; Arsyad Aldyan
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.74874

This study aims to explain how the strenght of evidence (bewijskracht) for Visum et Repertum as evidence in the crime of rape in Decision Number 42/Pid.B/2021/PN.Kds. The research method used is a normative legal research method with a prescriptive nature of research and uses a case approach. This research shows that Visum et Repertum is important as evidence in the crime of rape because it plays a role in the process of proving a criminal case which can provide a clear picture of crime. Strenght of Evidence (bewijskracht) for Visum et Repertum in Decision Number 42/Pid.B/2021/PN.Kds is independent for the judge. The evidence presented in this case in the form of witness testimony, defendant’s statement, Visum et Repertum letter are related to one another. The strenght of the evidence is the same, no one exceeds the other. The strenght of the proof is free and not binding, depending on the judges’s assesment Keywords: Strenght of Evidence, Visum et Repertum

Implementation Sharia Principles and Development of National Law In Sharia Share Trading In Indonesian Capital Market Arsyad Aldyan
Activa Yuris: Jurnal Hukum Vol 2, No 2 (2022)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v2i2.13153

In the capital market sector in Indonesia, especially with regard to stock trading in the capital market, sharia principles have begun to be applied properly. This is indicated by the existence of facilities (Sharia Online Trading System (SOTS) as well as brokers or securities companies that facilitate trading of shares in sharia, in addition to that added by the number of issuers listing sharia shares. Besides that, it is also supported more by the regulations issued by the national sharia board of the Indonesian Ulema Council and Otoritas Jasa Keuangan related to share trading in sharia. Finance as the institution tasked with overseeing the capital market. The National Sharia Council of MUI, issued regulations regarding sharia shares, among others, the Fatwa of the National Sharia Council No: 40/DSN-MUI/X/2003 concerning the Capital Market and General Guidelines for the Implementation of Sharia Principles in the Capital Market Sector; Fatwa of the National Sharia Council No: 80/DSN-MUI/III/2011 concerning the Implementation of Sharia Principles in the Mechanism of Trading in Equity Securities in the Regular Market of the Stock Exchange; while regarding sharia shares, Otoritas Jasa Keuangan issued the following regulations. Otoritas Jasa Keuangan Regulation No. 17/POJK.04/2015 concerning Issuance and Requirements for Sharia Securities in the Form of Shares by Sharia Issuers or Sharia Public Companies; Otoritas Jasa Keuangan Regulation No. 53 /POJK.04/2015 concerning Contracts Used in Issuing Sharia Securities in the Capital Market; Otoritas Jasa Keuangan Regulation No. 15/POJK.04/2015 Regarding the Implementation of Sharia Principles in the Capital Market

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