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Analisis Yuridis Terhadap Penentuan Status Barang Bukti Pada Putusan Perkara Pidana Pengangkutan Mineral Tanpa Izin di Pengadilan Negeri Marisa M. Burhanuddin Yusuf; Rustam Hs. Akili; Arifin Tumuhulawa
Jurnal Hukum Bisnis Vol. 2 No. 2 (2024): Jurnal Hukum Bisnis (J-Kumbis)
Publisher : LPPM Universitas Bina Taruna Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37606/j-kumbis.v2i2.170

Abstract

This study aims to review and analyze the judge's considerations in determining the status of evidence in the criminal case concerning the transportation of minerals without permission, as outlined in Decision Number 4/Pid.Sus/2023/PN Mar. Additionally, it seeks to examine the correlation between these judicial considerations and the application of criminal sanctions imposed on perpetrators of the crime of unauthorized mineral transportation in the same court decision. The research employs a normative juridical method. The findings indicate that the judge's considerations in determining the status of evidence in this case are consistent with the application of Law Enforcement Theory, Justice Theory, Criminal Responsibility Theory, Legal Certainty Theory, and Criminal Theory, and are based on the theories of punishment and criminal liability. The analysis demonstrates a close correlation between the judge's considerations regarding evidence and the application of criminal sanctions on the offenders, in alignment with Court Decision Number 4/Pid.Sus/2023/PN Mar.
Strategi Pencegahan Hoaks Dalam Kampanye Pemilu Ditinjau Dari Prespektif Pidana Dan Dampak Sosial Roy Marthen Moonti; Saiful R. Pakaya; Rustam Hs. Akili; Yusrianto Kadir; Marten Bunga
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 4 (2024): July : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i4.322

Abstract

The aim of this research is to find out how criminal law regulates and recognizes the spread of hoaxes in the context of election campaigns and to find out how prevention efforts and legal education can be improved to reduce the spread of hoaxes during election campaigns. In this research, the researcher used a normative research method, namely a research method that aims to analyze, interpret and evaluate applicable law or legal principles by referring to theory, doctrine, statutory regulations, court decisions and other legal sources. Social media is the easiest place to share and get various information about the latest things that are currently being discussed and paid attention to by the public. However, as explained previously, not everyone can use social media well and wisely. This can be seen from the rise of hoax news spread on various social media platforms, be it Facebook, Instagram, WhatsApp, Twitter and so on.
Analisis Efektivitas Persidangan Pidana Secara Elektronik : (Studi di Pengadilan Negeri Kelas II Marisa) Herlambang Bagus Purnomo; Rustam HS. Akili; Robby W. Amu
Mutiara : Jurnal Penelitian dan Karya Ilmiah Vol. 2 No. 3 (2024): Juni : Mutiara : Jurnal Penelitian dan Karya Ilmiah
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mutiara.v2i3.1237

Abstract

Electronic Trial is a series of processes of examining, adjudicating and deciding the Defendant's case by the Court which is carried out with the support of information and communication technology, audio visual and other electronic means based on the provisions of Supreme Court Regulation (PERMA) Number 4 of 2020 concerning the Administration and Trial of Criminal Cases in Electronic Courts. Carrying out administration and litigation in court through an electronic system to realize the creation of a litigation system that is more orderly, easier and in line with the needs of the times. This electronic court proceeding system is more familiar with the term e-Court. The method used in this writing is empirical juridical with an emphasis on juridical facts obtained by field researchers. The mechanism for conducting electronic hearings is based on the provisions of Article 1 Numbers 11 and 12, including electronic case administration, namely the process of delegating, receiving and numbering cases, determining the day of the hearing, determining the method of the hearing, sending summons/notifications, submitting objection documents, responding to objections, demands. , defense, replica, duplicate, verdict, excerpt of the verdict, sending a copy of the verdict to the Prosecutor and Investigator electronically via the E-court application system. The purpose of establishing electronic trials, known as e-litigation, is to support the effectiveness of a court in adjudicating and examining cases so that they can be effective in accordance with the principles of simple, fast and low-cost justice.