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ANALISIS YURIDIS PUTUSAN BEBAS TERDAKWA ANGGOTA POLRI DALAM PERKARA TERTEMBAKNYA WARGA SIPIL DI MESUJI LAMPUNG Seregig, I Ketut
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0101.48-59

The Free Verdict handed down by the Appellate Court of the Tanjungkarang High Court is a judgment that has fulfilled the sense of justice for the defendant AKP WH as a member of the Police, because the Panel of Judges has shown the authority of this law in the eyes of the public in general and gives appreciation to the Indonesian Police measures in securing the showÂ anarchist feelings that people do. However, the justification justifying the decision of the Tanjungkarang High Court ofÂ Appeals Court is the issue that needs to be investigated to determine what is considered by the Panel of Justices so that in its decision to free the Defendant AKP WH from all charges.The conclusion of the research that has been done is that the free judgment handed down by the Appeals Judge to the defendant is based on several considerations that are used as justification reasons, among others; the defendant has performed his duties in accordance with the procedures laid down in the applicable law and the use of firearms to disperse anarchist masses and no longer any party to the act of the defendant, material or moral, as all parties have agreed to make peace. Reviewing the facts presented in the appeals court by the Appeals Panel is used as the Rejection and Forgiveness Reason because there is no longer any legal provisions violated by the defendant AKP WH, the Panel of Judges frees the defendant from all charges

ANALISIS YURIDIS PUTUSAN BEBAS TERDAKWA ANGGOTA POLRI DALAM PERKARA TERTEMBAKNYA WARGA SIPIL DI MESUJI LAMPUNG Seregig, I Ketut
Jurnal Media Hukum Vol 25, No 1, June 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.2018.0101.48-59

The Free Verdict handed down by the Appellate Court of the Tanjungkarang High Court is a judgment that has fulfilled the sense of justice for the defendant AKP WH as a member of the Police, because the Panel of Judges has shown the authority of this law in the eyes of the public in general and gives appreciation to the Indonesian Police measures in securing the showÂ anarchist feelings that people do. However, the justification justifying the decision of the Tanjungkarang High Court ofÂ Appeals Court is the issue that needs to be investigated to determine what is considered by the Panel of Justices so that in its decision to free the Defendant AKP WH from all charges.The conclusion of the research that has been done is that the free judgment handed down by the Appeals Judge to the defendant is based on several considerations that are used as justification reasons, among others; the defendant has performed his duties in accordance with the procedures laid down in the applicable law and the use of firearms to disperse anarchist masses and no longer any party to the act of the defendant, material or moral, as all parties have agreed to make peace. Reviewing the facts presented in the appeals court by the Appeals Panel is used as the Rejection and Forgiveness Reason because there is no longer any legal provisions violated by the defendant AKP WH, the Panel of Judges frees the defendant from all charges

ANALISIS YURIDIS DISKRESI KEPOLISIAN DALAM PENERAPAN DIVERSI I KETUT SEREGIG
PRANATA HUKUM Vol 12 No 2 (2017): Juli
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v12i2.181

The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties. The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perceptions or differences of legal views, especially the understanding of "repetition of criminal acts". In criminal law theory the term repetition of a criminal offense is the same offense committed by a person more than once. In social life in society the perpetrator is called a residivist. In the process of investigating the application of the versions of underage residivists is a legal policy undertaken by the investigator in assessing whether the perpetrator deserves a diversion or not.The result of the research can be concluded that the implementation of the diversion for underage perpetrators who perform repetition of acts in legal theory and legislation can be done as a form of police discretion conducted by investigators. The discretion made by the investigator is done on the coordination of Police investigators with other agencies, especially the Court, BAPAS, the victim's parents and the Legal Counsel accompanying the victim and other related parties.

ANALISIS PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA MENGGANDAKAN SURAT PALSU UNTUK BEKERJA DI PT. GREAT GIANT PINEAPPLE HUMAS JAYA Helmi Rangkuti; Ketut Seregig; Tami Rusli
PRANATA HUKUM Vol 15 No 1 (2020): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v15i1.222

The rise of the crime of counterfeit letters is very concern for people who become victims of crime and the emergence of the crime is racing because the perpetrators want a profit. All the criminal counterfeiting of the letter is very large both for the victims and other communities by the loss of both material and non-material, in the life of this advanced society and regularly want a guarantee of truth on the evidence of a letter owned by a person. The research result is the cause of perpetrators of criminal acts doubling the counterfeit letter to work at PT Great Giant Pineapple Humas Jaya in article No. 403/Pid. B/2018/PN. Gns namely intention perpetrator, low education factor, factors of economic necessity, and the low Moral factor and religious knowledge, the liability of perpetrators of criminal acts doubling the false letter to work in verdict number: 403/Pid. B/2018/PN. Gns adjusted to the decision of the Assembly of judges that the perpetrators proved lawfully and conclusive criminal acts doubling the counterfeit letter to work with imprisonment for 1 (one) year.

Legal Sanction of Kesepekang in Balinese Customary System (In Perspective: Empiricism Theory of David Hume) I Ketut Seregig
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no3.1109

Legal sanction of Kesepekang is a moral sanction that has been a habit in Balinese custom society and has been done from generation to generation, both the one in Bali and outside Balinese custom society. The implementation of Kesepekang sanction currently is considered by the intellectuals of Balinese custom society as a behavior that violates social values in society. In its development, legal sanction of Kesepekang has been politicized as a factor causing the occurrence of custom society disharmony, both the one in Bali and outside Bali. This society resistance has weakened the function of Balinese customary law sourced from one of Hinduism belief which is “believing the presence of karmaphala (result from behavior) law.” The issue occurring in Balinese custom society, especially the one in the Province of Lampung, is “whether the legal sanction of kesepekang is still relevant if it is applied in Balinese traditional system.” Based on the observation result, the term of Kesepekang is the attitude of “silence” that is done by the other members of customers who do not obey the customary regulations in their groups. Certain groups consider that the legal sanction of Kesepekang has violated human nature as social beings. To prove this argument, a study entitled: Legal Sanction of Kesepekang in Balinese Customary System–(In Perspective: Empiricism Theory of David Hume) is conducted. The result of the study can be concluded that the legal principles in Kesepekang sanction are the law of causation (causality), which each action certainly affects “when doing good, the result will be good – when doing bad, the result will be bad.” In the perspective of David Hume’s Empiricism theory, Kesepekang sanction is a sensory experience that occurs in custom society. Experience, according to David Hume, is the only source of knowledge, so the act of “silence” done by the member of custom as the effort in giving punishment to the member of customer who does not obey is a reality received by sense as an experience. Keywords: Kesepekang Legal Sanction, Empiricism Truth Theory

Efforts to Achieve Legal Justice in Social Conflict Resolution in Register 45 Mesuji Lampung I Ketut Seregig
Jurnal Dinamika Hukum Vol 19, No 2 (2019)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2019.19.2.2586

This research focuses on efforts to provide solutions in resolving social conflicts that occur between the community and the company PT Silva Inhutani at Register 45 in Mesuji Lampung, which has been running for 14 years (2005-2019), but within that period there has not been a comprehensive settlement. This article is one of the solutions in realizing legal justice so that social conflicts in the Register 45 Mesuji Lampung do not cause futile casualties. We also found that monopolistic practices were carried out by the company in implementing the partnership policy issued by the government and the practice of intimidation by the company using thugs to ban and evict land that was worked on by the community at the Register 45 Mesuji Lampung. Some of the most successful references in resolving social conflicts found by journal authors, they are Pham Huu Ty et al (2013), Rafael Reuveny et al (2007), Franks et al (2014), Ismael Rafols et al (2012), Buijs et al. (2012) 2013), Lambin et al (2001) and Pauline E. Piters (2004), whose research was carried out in countries; Vietnam, Latin America, England and Africa. The approach used in resolving social conflicts is the "legal justice" approach between the community and the company.Keywords: Solution, Social Conflict, Register Land, societies, company.

The Application of Article 359 of the Criminal Code In the Investigation of the Death of Post-Operative Patients (Juridical Analysis: Case of the Death of Three Patients in the MHP Hospital, Lampung) I Ketut Seregig
Sriwijaya Law Review VOLUME 1, ISSUE 2, JULY 2017
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol1.Iss2.39.pp142-156

The incident of the death of three post-operative patients in a line at the MHP hospital, Lampung on April 5, 2016 had emerged the decline of public confidence toward hospitals, both public and private hospitals. The symptoms in the patients’ body before they died were convulsed and decreased consciousness. Based on dr. AA, Sp.An., if post-operative impact occurs, then a person who takes responsibility is an anesthesiologist. This means that responsible for the death of these patients was the doctor who performed anesthesia before the operation. All three patients, who died after operation in MHP Hospital, respectively, were Mr. RM suffered from varicose; Mr. S the patient with a tumor in the left leg calf; and Mrs. DP who performed a caesarean section. These patients underwent a convulsion and decreased consciousness after operation, although the anesthesiologist had tried to save their life. Yet, these patients died. During the operation, the doctor had operated with the use of Standard Operating Procedures. Based on the information from the Chairman of IDI and the Chairman of MKEK, they said that dr. EP, Sp. An. As the anesthesiologist had done the right procedures in doing anesthetic injection to these patients. During the investigation process conducted by the Regional Police of Lampung, toward dr. EP, Sp. An., he was presupposed in violation of Article 359 of the KUHP which stated "whoever due to his negligence has caused another person's death, will be sentenced with a maximum imprisonment of five years." In a juridical study over Article 359 of the Criminal Code committed by the writer in the cases described above, it can be concluded that the element of "negligence" as the main requirements of this article “is not fulfilled”. Thus, this article applied in this case does not meet the main requirement of criminal elements which is presupposed, and the investigation process is terminated.

Analisis Pertimbangan Hakim dalam Menjatuhkan Sanksi Pidana Terhadap Pelaku Tindak Pidana Penggelapan dalam Jabatan I Ketut Seregig; Suta Ramadan; Deta Merly Oktavianti
PAMPAS: Journal of Criminal Law Vol. 3 No. 1 (2022)
Publisher : Fakultas Hukum, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/pampas.v3i1.17071

The Indonesian Criminal Code has regulated criminal acts and criminal sanctions, according to the crime or violation committed. One of the most common crimes is embezzlement. Embezzlement is a dishonest act by hiding other people's goods/assets by one or more people without the knowledge of the owner of the goods with the aim of controlling, or being used for other purposes. This article discusses the criminal act of embezzlement, especially regarding the crime of embezzlement in office and the judge's considerations in making a decision on the crime of embezzlement in that position. The research method used is normative. embezzlement by using the position contained in Article 374 of the Criminal Code which is an aggravated form of embezzlement, the meaning is that the elements of embezzlement in the basic form have been fulfilled plus elements that are aggravating for the perpetrator. The aggravating factors for the perpetrator are based on the greater trust placed in the person who controls the embezzled object. Several types of giving of trust are used as problems that provide embezzlement in the main form, namely the relationship of the perpetrator who is trusted with the victim who gives the trust. Â ABSTRAK Kitab Undang-undang Hukum Pidana di Indonesia sudah mengatur tentang perbuatan pidana dan sanksi pidananya, sesuai kejahatan atau pelanggaran yang dilakukannya. Salah satu kejahatan yang banyak terjadi lah adalah tindak pidana Â penggelapan. Â Penggelapan merupakan suatu tindakan tidak jujur dengan menyembunyikan barang/harta orang lain oleh satu orang atau lebih tanpa sepengetahuan pemilik barang dengan tujuan untuk menguasai, atau digunakan untuk tujuan lain. Dalam artikel ini membahas tentang tindak pidana penggelapan khususnya tentang tindak pidana pengelapan dalam jabatan dan pertimbangan Hakim dalam menjatuhkan putusan terhadap tindak pidana penggelapan dalam jabatan tersebut. Metode penelitian yang digunakan yaitu normatif. penggelapan dengan menggunakan jabatan yang terdapat di dalam Pasal 374 KUHP yang merupakan bentuk penggelapan yang diperberat, maknanya adalah bahwa Â unsur-unsur penggelapan dalam bentuk pokok sudah terpenuhi ditambah dengan unsur-unsur yang memberatkan bagi pelaku. Faktor faktor yang memberatkan petindak didasarkan pada lebih besarnya kepercayaan yang diberikan pada orang yang menguasai benda yang digelapkan. Beberapa jenis pemberian kepercayaan dipergunakan sebagai masalah-masalah yang memberikan penggelapan dalam bentuk pokok, yaitu hubungan pelaku yang diberi kepercayaan dengan korban yang memberi kepercayaan.Â

Analisis Hukum Acara Dalam Pelayanan Terpadu Sidang Keliling Pada Pengadilan Agama Gunung Sugih Atika Atika; I Ketut Seregig; Melisa Safitri
MAQASIDI: Jurnal Syariah dan Hukum Vol. 1, No. 2 (Desember 2021)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum diterbitkan oleh Program Studi Hukum Pidana Islam Jurusan Syariah dan Ekonomi Islam Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Dalam mencari keadilan pasti dibutuhkan suatu badan peradilan yang dapat memutuskan perkara yang sedang digugat/dimohonkan tentu putusan yang didapat akan kuat jika dihasilkan dari badan resmi berupa badan peradilan yang dinanunggi oleh mahkahmah agung seperti halnya pengadilan agama yang menyelesaikan perkara perdata terhadap individu dan individu lain, namun pada kenyataannya sering kali dijumpai masyarakat tidak dapat mengakses kedalam pengadilan dikarenakan jarak yang jauh atau ongkos biaya transportasi yang cukup mahal menjadi masyarakat enggan untuk melaksanakan sidang secara resmi sehingga mereka lebih memutuskan untuk menyelesaikan secara musyawarah, dengan adanya permasalah ini mahkamah agung mengeluarkan suatu sistem yang berbeda dalam melaksanakan sidang secara keliling atau langsung mendatangi masyarakat yang mencari keadilan namun dengan biaya yang tidak cukup besar dan persidangan yang cepat.

POLICY ON OVERCOMING VILLAGE BUDGET DEVIATIONS BY THE GOVERNMENT INTERNAL SUPERVISORY APPARATUS IN INDONESIA (CASE STUDY OF TANJUNGSARI VILLAGE, LAMPUNG) I Ketut Seregig; Bambang Hartono; Yustina Ndari
Cepalo Vol 5 No 1 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v5no1.2211

Corruption is deeply rooted in Indonesia. This fact is undeniable when this crime has occurred at the lowest government level, namely in the village government. One sample of cases raised in this study is the alleged Corruption Crime committed by the Head of Tanjungsari Natar Village, South Lampung, named Robangi. The problems examined in this alleged criminal act are the factors causing the perpetrator to commit the criminal act of corruption. Second, the pattern of countermeasures carried out by APIP in resolving the case. The method used is qualitative and in the research data collection using a normative juridical approach and empirical juridical. Meanwhile, the theory used as a knife of analysis is the theory of Non-Penal Policy proposed by Muladi and Barda Nawawi Arief, which states that "non-penal policy is the prevention of crime which prioritizes the prevention of crimes committed by guidance, aims to prevent before the crime occurs, and/or the perpetrator does not repeat his actions".The results showed that the factors causing the perpetrator to commit these acts were because the project implementation was not following the proposal, the use of funds was not per the project proposal (total loss), the reason was that at the request of the community, the planned construction was moved to another place. This act is procedurally violating the SOP for the management of state finances. However, empirical facts prove no state loss in the corruption crime allegedly committed by the village head. Based on these facts, APIP South Lampung Regency has implemented a countermeasures policy by imposing administrative sanctions on the village head of Tanjungsari, Natar District, South Lampung.

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