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Hery Firmansyah
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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KERINGANAN HUKUMAN BAGI SAKSI YANG BEKERJASAMA (JUSTICE COLLABORATOR) DALAM KASUS PEMBUNUHAN BERENCANA (STUDI PUTUSAN NOMOR. 798/Pid.B/2022/PN.Jkt.Sel.) Verdy Cahyana Putra; Hery Firmansyah
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.628

Abstract

In the case of premeditated murder committed by Former Head of Propam Polri Ferdy Sambo division which was carried out at Ferdy Sambo's official house on Jalan Duren Tiga, No. 46, South Jakarta on Friday (8/7/2022) at around 17.00 WIB against Brigadier Joshua Hutabarat. In the premeditated murder case, Bharada Richard Eliezer, who acted as a justice collaborator, made it easier for law enforcement officials to uncover the case, in which a justice collaborator was given a very light sentence compared to the sentence previously given by the Public Prosecutor, namely imprisonment for 12 years. however, when the verdict was passed against Bharada Richard Eliezer, the Panel of Judges at the South Jakarta District Court only gave a sentence in the form of imprisonment for 1 (one) year and 6 (six) months against Bharada Richard Eliezer, who was the perpetrator of the premeditated murder. The court judges gave Bharada Richard Eliezer a light sentence because he was a justice collaborator who uncovered the premeditated murder case of Brigadier Joshua Hutabarat, in SEMA No. 4 of 2011, namely a justice collaborator, was given a lighter sentence than the perpetrators of other crimes involved. on the crime of premeditated murder.
Pertanggungjawaban Hukum Terhadap Korban Atas Biaya Restitusi yang Tidak Terpenuhi Pada Putusan Pengadilan Negeri Tangerang Nomor 1712/Pid.Sus/2021/Pn.Tng Hery Firmansyah; Lisyah Sun Lisyah
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1159

Abstract

Restitution is compensation given to victims of criminal acts who have suffered both materially and physically, mentally or emotionally as a result of the perpetrator of the crime. The right to restitution is regulated in Government Regulation No. 3 of 2002. This right can be in the form of return of property, payment of compensation for loss or suffering, or reimbursement of costs for certain actions. Generally, the right to restitution is given to victims of serious crimes. However, not all victims receive this right fully, as happened in case No. 1712/PID.SUS/2021/PN.TNG, where the child victim was sexually assaulted, causing the victim to become pregnant and give birth to a child. This research was conducted using normative research methods with a statutory and case approach. This research data is of secondary type with primary and secondary legal materials which will be analyzed qualitatively. The research results show that the convicted person who is unable to fulfill the restitution demands will be subject to substitute imprisonment that does not exceed the threat of the main punishment and the state compensates a certain amount of restitution to victims of sexual violence according to the court's decision through the victim assistance fund.
Pertanggungjawaban Pidana Terhadap Pelaku Investasi Bodong (Kasus CV Raihan Jewellery) Lisentia Putri; Hery Firmansyah
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1186

Abstract

Fraudulent investment is a form of crime where a certain amount of money is asked to invest in a product or business that does not ictually exist. Business in Indonesia is currently experiencing rapid development following the digital era, namely by utilizing technology to simplify the transaction process. The Indonesian financial services industry has utilized facilities called fintech. Companies and individuals also experience convenience in their business because they are assisted by fintech technology. However, in practice there are still many companies that use technology for illegal business, especially in the field of fraudulent investment with various kinds of schemes. The conditions for imposing criminal responsibility on perpetrators of online fraud are that all elements of the criminal act are fulfilled and the purpose of the act can be proven. This was done deliberately with awarenessm that the act would be condemned by law. To determine criminal responsibility for criminal acts of online buying and selling fraud, you must refer to specific laws, because to avoid misinterpretation if using conventional evidence and avoid the emergence of other interpretations, and there needs to be an understanding from law enforcers regarding the expansion of the evidence. In order to avoid misunderstandings, to have the same thoughts about the value of the evidentiary power of electronic evidence contained in the ITE Law.
Sistem Pembuktian yang Digunakan Oditur Militer dalam Tindak Pidana Pembunuhan Berencana yang Dilakukan Anggota Militer Aimmatul Khoiroh; Hery Firmansyah
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1394

Abstract

According to W.L.G. Lemaire, criminal law is law including norms containing obligations and prohibitions stipulated by law, associated with forms of punishment in the form of punishment, namely special suffering. Enforcement is carried out by the military and the authorities in accordance with statutory regulations. The strength of evidence in court decisions in resolving criminal cases is very important for anyone who resolves criminal cases. The strength of evidence really helps investigators in investigating a criminal case because without evidence, a case cannot be resolved quickly. In Article 184 of the Criminal Procedure Code (Criminal Procedure Code) valid evidence is: Witness Statement, expert testimony, Letter, Instructions, Perpetrator's statement. The purpose of this journal is to find out whether the Military Prosecutor's evidence in the criminal act of premeditated murder committed by Military Members in decision Number 22-K/PMT.II/AD/II/2022 is in accordance with article 172 Paragraph (1) of Law Number 31 of 1997 On Military Justice. This research is normative legal research that is descriptive analysis. Using primary legal materials and secondary legal materials. With an empirical juridical approach. The types and sources of legal materials used are primary legal materials and secondary legal materials. Legal material collection techniques are primary data and secondary data. The legal material analysis technique uses an inductive qualitative method. The research results show that efforts to prove the criminal act of premeditated murder have used valid evidence in accordance with Article 172 Paragraph (1) of Law Number 31 of 1997 concerning Military Justice, namely Witness Statements, Expert Statements, Defendant Statements, Letters.
Eksistensi Penerapan Penjatuhan Hukuman Mati di Indonesia Terhadap Kejahatan Narkotika di Indonesia Juan Valedra Sitorus; Hery Firmansyah
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1474

Abstract

The implementation of the death penalty in Indonesia is something that is seen as contrary to humanity and human rights. The death penalty in Indonesia is still used, but its application is only used for certain types of crimes. The existence of the death penalty is still widely discussed in the national and international realm, as is whether the death penalty still needs to be applied to be used as punishment for a crime.
Co-Authors Aimmatul Khoiroh Juan Valedra Sitorus Lisentia Putri Lisyah Sun Lisyah Verdy Cahyana Putra