Tubagus Ahmad Suhendar
Sekolah Tinggi Ilmu Hukum Prof. Gayus Lumbuun Jakarta

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Analisa Menambah Surat Gugat dapat dilakukan Sepanjang tidak Merubah dan Menambah Kejadian Materiel Berdasarkan Pasal 127 RV (Perkara No. 79/Pdt.G/2020/PN JKT.SEL) Agus Sugiono; Zaenal Arifin; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.22

Abstract

Sri Bintang Pamungkas, as Plaintiff and Fahrizal Fardiansyah as Main Director of PT. Eora Mitra Sejati as Defendant. The Plaintiff prevented the auction process for the Wilis parcels by the Auction Center through BCA, which was borrowed incorrectly by the Defendant as Collateral to obtain a credit facility from BCA in the amount of Rp. 1,800,000,000,- which ended in default by exchanging Collateral from the Wilis parcels with the central Kalibata parcels. The plaintiff intends to obtain control over all assets of PT. Eora Mitra Sejati which is still left from the proceeds from receiving the BCA credit facility. On July 16, 2014, a Bank BCA credit agreement was held. Based on the credit agreement, BCA agreed to provide local credit facilities not exceeding Rp. 1,200,000,000.- to the Defendant (PT. Eora Mitra Sejati) Which facility will be used for the company's working capital, the length of the loan extension as of July 17 2014 ending July 17 2015 credit interest must be paid at 14.25% per year on loans made stated that it is paid every month, which credit interest can be reviewed, for the first time on May 9, 2019 by providing details of the amount of debt that must be repaid without notification to the Plaintiff and Mrs. Emalia. According to his statement, the Plaintiff has paid more than 5 years to BCA approximately 60 times each in the amount of Rp. 20,000,000, - which is considered as a loan interest payment, while the principal loan payment is only paid once, namely in November 2019 in the amount of Rp. 100,000,000, - then the Plaintiff and Mrs. Emalia on 23 December 2019 met the head of the BCA office in the Bidakara building and the Plaintiff added a payment of Rp. 70,000,000, - the plaintiff requested permission to change to the Panel of Judges to include certificate of ownership no. 03554/Mampang with an area of ​​2,114 m2 in the name of Defendant (now please call Defendant I) MA jurisprudence No. 547K/SIP/1973 states: changes to the lawsuit regarding the subject matter of the case are changes to the subject matter of the lawsuit. Therefore, it must be rejected. 03554 Mampang with an area of ​​2,114 m2 on behalf of the Defendant (now please call it Defendant I) considering that because the Plaintiff had crossed the tolerance limit in changing the lawsuit, the panel of judges considered that the plaintiff's lawsuit must be rejected.
Analisis Yuridis Tindak Pidana Pencurian dengan Pemberatan Ditinjau dari Pasal 365 Ayat (1) dan Ayat (2) Ke-2 KUHP : Studi Kasus Putusan No. 751/PID.B/2021/PN JKT.TIM Januari Sihite; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.24

Abstract

Theft accompanied by other acts such as violence resulting in death, including provisions stipulated in Chapter XXII Book II of the Criminal Code. Theft which resulted in death is regulated in Article 365 paragraph (3) of the Criminal Code. Overall, theft is a crime. A criminal act is a criminal act, which is punishable by imprisonment and/or a fine. Imprisonment is an unpleasant punishment for the recipient (the person receiving it). People who are imprisoned for some time do not enjoy freedom, can breathe outside the prison. One of the objectives of this research is to socialize to the public the crime of theft that is committed by more than one person is the crime of theft by weighting. The method used in this study is to use the literary method, where researchers obtain from library materials such as: books (literature), magazines, newspapers, laws and regulations, general dictionaries, legal dictionaries and encyclopedias and the research results obtained from this writing, it is the judge's consideration, to impose a sentence of 2 (two) years each, to the defendant because based on the witnesses, the evidence available to the defendants is proven guilty. for 2 (two) years in prison because defendants 1, 2, 3 and 4 were proven to have joint intentions.
Analisis Tindak Pidana Melakukan Perbuatan Kekerasan Fisik dalam Lingkup Rumah Tangga Ditinjau dari Pasal 44 Ayat 1 Undang-Undang No. 23 Tahun 2004 Tentang Penghapusan Kekerasan dalam Rumah Tangga (Perkara No. 593/Pid.Sus/2021/PN JKT.BRT) Luki Pratama Putra; Zaenal Arifin; Tubagus Ahmad Suhendar
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 3 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i3.26

Abstract

Criminal Laws are Laws regarding Criminals. The word "criminal" means things that are "criminalized", that is, things that are assigned to an individual by the ruling agency as things that are unpleasant to him and also things that are not bestowed on a daily basis. Of course there is a reason for delegating this punishment and this reason should have something to do with a situation, in which a person in question acts badly. So the element of "punishment" as a retribution is implied in the word "criminal". Starting from the problems raised above, the purpose of this research is to socialize Law no. 23 of 2004 regarding the Elimination of domestic violence, not all of them are criminal complaints. This type of research is descriptive research. Data obtained from library research were analyzed qualitatively and presented descriptively. the public prosecutor believed that the violence committed by the defendant against the victim did not cause any physical damage to the victim. the judge considered that he had never been sentenced, was polite, admitted his actions frankly and regretted his actions.