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R. Rahaditya
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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IMPLEMENTASI PEMBERATAN PEMIDANAAN TERHADAP ANGGOTA TNI YANG MELAKUKAN TINDAK PIDANA ASUSILA Alvaro David Gabriel Dumais; R. Rahaditya
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.v5i4.629

Abstract

Criminal Sexual Violences or Sexual Violences, in fact, do not only occur in the midst of ordinary society, but also within active institutions of the Indonesian National Armed Forces (TNI). In this case it is clear that the TNI members involved have violated the soldier's oath and 8 (eight) TNI conscripts. In this case, every member who of course commits immoral crimes must be held responsible for their actions by receiving sanctions in the form of dismissal and appropriate punishment because they have damaged the good name of the TNI institution. The type of research method used in this writing is the normative legal research method. The method of normative legal research is carried out by studying documents and referring to studies of court decisions, principles, legal principles, legal theories, doctrines, and opinions of experts. The writing specification used is descriptive. It is used to explain various regulations and legal theories that can be correlated and examined in events or cases that occur in related problems by using secondary research data types and statutory approaches (statute approach). Therefore, it is hoped that the implementation of additional punishment in the form of dismissal can be given with the aim of providing a deterrent effect in order to maintain the image and reputation of the TNI.
PENENTUAN PERTANGGUNGJAWABAN PIDANA BAGI TERDAKWA YANG MEMILIKI GANGGUAN JIWA SKIZOFRENIA PARANOID DALAM TINDAK PIDANA PENGANIAYAAN Elyada Umbu Ndapabehar; R. Rahaditya
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.v5i4.644

Abstract

Someone with schizophrenia are considered dangerous by society because of the stigma that creates neglect in care and treatment. A schizophrenic patient will not commit acts of violence if adequate and controlled care and treatment is carried out. This disease is a psychotic disorder with the main signs of disturbance in the sufferer's thoughts, emotions, and disturbed behavior. The thoughts of the sufferer are not logically related, resulting in strange behavior. The case contained in the Namlea District Court Decision Number: 36/Pid.B/2019/PN.Nla. is an example of a crime where the defendant has paranoid schizophrenia based on the results of the examination and the testimony of psychiatrists. The reason for forgiving should be the reason for removing the crime, which is related to this case is that the perpetrator committed a crime but cannot be held accountable because of the mental or psychological condition of the perpetrator who suffers from Paranoid Schizophrenia. The research data is sourced from secondary data. The techniques used in data collection are library research and field research. In the process of punishment, which in this case concerns the perpetrator of a criminal offence who has a mental disorder, the judge must carefully ensure the ability to be responsible for the perpetrator, as well as ensuring that the perpetrator receives appropriate legal protection.
Implementasi Asas Ne Bis In Idem dalam Putusan Hakim yang Berkekuatan Hukum Tetap pada Perkara Pidana Andrew Andrew; R. Rahaditya
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.v6i1.996

Abstract

This study aims to determine the application of the ne bis in idem principle in judge decisions that have permanent legal force in criminal cases. The research method used is a normative juridical approach with qualitative methods. The results of the study stated that the principle of nebis in idem in criminal cases aims to provide protection for the accused so that he does not get a decision for the same case repeatedly. It also aims to maintain respect for the human rights of perpetrators. This principle cannot be applied to decisions 1) Decisions declaring the indictment null and void. 2) Decision declaring the Claims Unacceptable. 3) Decision declaring the Court Not Competent. This principle can be applied if the criminal case has the following elements: 1) it has the same legal basis and reasons as the case that has been decided. 2) the parties involved in the case are the same party. Nevertheless, to implement and guarantee justice for every citizen. The state provides leeway for everyone to conduct a review. This is because judges are human beings who sometimes make mistakes.
Urgensi Pemeriksaan Substantif Sengketa Merek KasoMax dengan Merek Kaso dalam Rangka Perlindungan Hukum Terhadap Merek Natasha Pritama; R. Rahaditya
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.v6i1.1107

Abstract

Trademark registration in Indonesia refers to a constitutive system with the first-to-file principle. First to file is a trademark registration process that is only granted to the party who submits the application for the first time. The state is not permitted to grant registration to other parties who have a mark that contains similarities to a previous mark that was registered earlier. Trademark registration must go through substantive examination stages so as not to violate other people's rights, considering that registration is a process of granting rights, not granting permission. The purpose of this article is to determine the compliance opinion of appeal commission trademark law related to a trademark dispute involving Kasomax and Kaso, and also know the DJKI responsibilities in this dispute. The research method used is normative legal research with data analysis techniques based on deductive reasoning, which analyzes the considerations of the Mark Appeal Commission Council in connection with the provisions contained in Law Number 20 of 2016 concerning marks and geographical indications relating to the purchase of the KasoMax with the Kaso and its form of responsibility for the two brand struggles. Based on the research conducted, it can be concluded that the application of substantive examination in brand assessment has not been fully implemented, and the responsibility given is in the form of the cancellation of the KasoMax as a form of implementation of the Commercial Court decision.
Peran Penting Penasihat Hukum dalam Peradilan Pidana Untuk Pemenuhan Hak Bantuan Hukum Tersangka Atau Terdakwa Kelvin Chandra; R. Rahaditya
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.v6i1.1185

Abstract

This research aims to examine the crucial role of legal advisors in criminal justice systems in ensuring the fulfillment of legal aid rights for suspects or defendants, as prescribed by Article 54 of the Indonesian Criminal Code (KUHAP). Legal advisors play a vital role in guaranteeing that suspects or defendants have access to adequate legal assistance throughout the trial proceedings. The research employs empirical normative methods, collecting data through literature reviews and analyzing relevant case studies. The findings indicate that legal advisors have a significant impact on upholding justice and safeguarding the rights of suspects or defendants. They assist in comprehending legal rights, providing suitable legal counsel, devising defense strategies, and undertaking other duties pertaining to legal aid. Effectively meeting the requirements of legal aid positively influences the quality of the judicial process and promotes justice for suspects or defendants. Consequently, the study offers recommendations to enhance the role of legal advisors and ensure the fulfillment of legal aid rights, such as increasing financial resources and support for legal aid organizations, implementing educational programs to raise public awareness, and improving accessibility to legal aid for vulnerable groups.
Co-Authors Alvaro David Gabriel Dumais Andrew Andrew Elyada Umbu Ndapabehar Kelvin Chandra Natasha Pritama