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All Journal Jurnal Litigasi Amsir
Moch. Alfatah Alti Putra
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Yuridis Perlindungan Hukum Saksi Pelaku Yang Bekerjasama Dalam Undang-Undang Perlindungan Saksi dan Korban Surya Anggraeni; Patahillah Asba; Moch. Alfatah Alti Putra
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to determine the legal protection of witness witnesses who cooperate in the Law on the Protection of Witnesses and Victims. To find out the legal vacuum for the protection of witnesses for perpetrators who cooperate in the law for the protection of witnesses and victims. This study uses the type of normative legal research. The research results show that Law Number 31 of 2014 concerning the protection of witnesses and victims provides protection and assistance to witnesses and victims. The protection that is meant here is as a place of refuge and protection for someone who needs it as a result he feels safe against the threats around him. courts and judges, including the Supreme Court as an institution of judicial power, play an important role in filling the legal vacuum (rechtsvacuum). work together (Justice Collaborator).
Penerapan Sanksi Hukum: Analisis Kontemporer Berdasarkan Kitab Undang-Undang Hukum Pidana Salman Sahrir; Muh. Fadli Faisal Rasyid; Moch. Alfatah Alti Putra
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This research was conducted with the aim of knowing the forms of sanctions according to the Criminal Code and to find out the constraints faced in applying sanctions according to the Criminal Code. The type of research used is normative research, a normative method is legal research regarding the application of legal provisions (codification, laws or contracts) in action at every legal event to analyze law that is seen as community behavior. Based on the analysis of data and facts, the conclusions are as follows: . Forms of Types of Criminal Sanctions. in criminal law it can be seen in Article 10 of the Criminal Code. Article 10 of the Criminal Code stipulates that punishment consists of Principal Crimes, which consist of Death Penalties. Death penalty is the harshest punishment in the criminal system, imprisonment is the principal punishment in the form of confinement or deprivation of a person's freedom, and detention is a form of punishment for deprivation of liberty for the convicted person, criminal fines as well as additional crimes and constraints faced in the application of sanctions according to the Criminal Code, these influential factors can be grouped into two, namely internal factors which include Judge Internal Factors, namely the Application of Different Knowledge, Judge Integrity, Trust and Human Sense, Meanwhile and external factors. Judges namely Intervention from Superiors, Mass Pressure and Political Pressure.
Penegakan Hukum dan Keadilan Restoratif dalam Kasus Penggelapan Dana Nasabah: Telaah Putusan No. 107/Pid.B/2022/PN.Pin Hikma Awdina; Lilis Suryani; Moch. Alfatah Alti Putra
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines legal considerations and the application of law by judges in Decision No.107/Pid.B/2022/PN. Pin related to the case of falsifying payment documents as a means of embezzlement of customer funds. Using normative research methods, this study analyzes the verdict based on the statements of witnesses and defendants, evidence, indictments, and demands of the public prosecutor. The results of the study show that the criminal act is regulated in Article 374 of the Criminal Code Jo Article 64 Paragraph (1) of the Criminal Code. The defendant, Afri Anjas Situmeang, was found guilty of "Embezzlement committed by a person who controls the goods because there is a continuing employment relationship" and was sentenced to 1 year and 7 months in prison. This research provides insight into the application of the law in cases of embezzlement of customer funds and the judge's considerations in making decisions.
Co-Authors Hikma Awdina Lilis Suryani Muh. Fadli Faisal Rasyid Patahillah Asba Salman Sahrir Surya Anggraeni