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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Ahmad Hadi Prayitno
Faculty of Law, Sultan Agung Islamic University, Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Rechtsvacuum In The Conviction Of The Criminal Act Of Bribery Assistance Ahmad Hadi Prayitno
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3418

Abstract

Bribery assistance perpetrators have an essential function in a series of incidents of bribery. It has juridical consequences regarding the need for a clear and definite conviction for them. The ambiguity of Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, given the position of perpetrators of bribery assistance, has had a major impact on the rechtsvacuum in the criminal justice system on bribery crimes. Based on the study of this normative method article, it was found that criminalization in bribery cases, in fact, does not only include active and passive perpetrators of bribery, but the existence of perpetrators of bribery assistance cannot be ruled out either. There is the fact that the provision for bribery assistance in Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes has resulted in a rechtsvacuum in terms of conviction in bribery cases. This situation has clearly resulted in uncertainty regarding the criminal sanction imposition for bribery assistance perpetrators.
The Urgency the Role of Amicus Curiae in the Eradication of Land Mafia Crimes Ahmad Hadi Prayitno
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4107

Abstract

Amicus curiae is needed by the development of judicial practice in our country. This is as a result of the crime development which is more completed and massive. The existence of amicus curiae is expected to find the answers in every deadlock situation that occurs in the case examination process. It is including on land mafia. They do it through digital media, carried out by actors who have  skills and good knowledge in law , and has carried out by people who have access to land documents. It cannot be considered ordinary and also cannot be enforced with ordinary law enforcement methods. The design of this article was qualitative law research. Based on the research before, It can concluded that the criminal mode of the land mafia is not in general but specific in land documentation. It also uses technological advances to change the administrative data of land registration and the land ownership. They also use specialized knowledge about land, which is not always mastered by criminal law experts. This condition showed that Amicu Curie is needed to solve criminal cases that have a more complicated mode, if compared it to traditional crimes.  The existence of amicus curiae in the eradication of land mafia cases has not been yet recognized by legislation, either in the context of Technical Guidelines Number: 01/Juknis/D.VII/2018 on the prevention and eradication of Land Mafia or in the Criminal Procedure Code. Therefore, the term of amicus curiae is not formally found in Indonesian criminal legislation. The judges and prosecutors ignore the role of amicus curie and is different with expert witnesses who are juridically recognized and required to be present by legal mechanisms.
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