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All Journal Reformasi Hukum Trisakti
Abdul Ficar Hadjar
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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TINJAUAN YURIDIS SURAT PERINTAH PENGHENTIAN PENYIDIKAN BERUPA PENERBITAN KETERANGAN LUNAS BANK INDONESIA Rachma Aulia Putri Yusuf Darmawan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.444 KB) | DOI: 10.25105/refor.v4i4.14122

Abstract

In Law of the Republic of Indonesia No. 19 of 2019 concerning the Second Amendment to Provisions No. 30 of 2002 Concerning the Corruption Eradication Commission, Article 40 of Law No. 19 of 2019 regulates certainty regarding the KPK. The most recent KPK law gives the KPK permission to stop investigations, in contrast to earlier requirements. Definition of the issue: The KPK has the authority to issue an investigation termination (SP3) on cases of criminal acts of corruption in the form of Publication of a Certificate of Settlement (SKL) to the Bank Indonesia and Issuance of a Certificate of Payment (SKL) Against Bank Indonesia Liquidity Assistance Obligors (BLBI). in accordance with Law No. 19 of 2019 on the Corruption Eradication Commission of the Republic of Indonesia (KPK), Liquidity Assistance Obligor (BLBI). Legal-normative research methodology is employed. Qualitative data analysis methodologies. Concluding things using the deductive approach. Research findings, analysis, and conclusions In order to establish legal clarity and reduce abuse of power, it is important that the Corruption Eradication Commission be granted the authority to create an Investigation Termination Letter (SP3). Additionally, the approval of SP3 for the Corruption Eradication Commission appears to be ineffectual, particularly because it restricts and obstructs the space available for the Commission in the Corruption Eradication application.
ANALISIS YURIDIS PUTUSAN ULTRA PETITA TERHADAP PELAKU TINDAK PIDANA NARKOTIKA BERDASARKAN KUHAP Chelsy Tamara Siahaan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15857

Abstract

A judge's ruling is a part of the criminal justice system. Because the indictment serves as the foundation for assessing criminal cases, the judge's decision must be based on it. In actuality, judgments are frequently made without regard to indictments. What is the legal foundation for and ramifications of the ultra petita decision? The research methodology employs normative law, is descriptive analytical, relies on secondary data, uses qualitative data analysis, and draws findings using a deductive approach. The findings of the study and debate demonstrate that the cassation decision was erroneous since the judge did not base his decision on the public prosecutor's indictment, whereas the defendant was charged with using Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) letter a of Law no. 35 of 2009 concerning Narcotics. However, in the decision at the cassation level, the panel of judges decided to use Article 127 paragraph (1) letter a of Law No. 35 of 2009 concerning Narcotics in which the Public Prosecutor did not indict that article. Decisions that exceed charges or ultra petita are prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code. Conclusion; then the ultra petita decision is prohibited and regulated in Article 182 paragraphs (3) and (4) in conjunction with Article 197 paragraph (1) of the Criminal Procedure Code.
TINJAUAN YURIDIS SURAT PERINTAH PENGHENTIAN PENYIDIKAN BERUPA PENERBITAN KETERANGAN LUNAS BANK INDONESIA Rachma Aulia Putri Yusuf Darmawan; Abdul Ficar Hadjar
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14122

Abstract

In Law of the Republic of Indonesia No. 19 of 2019 concerning the Second Amendment to Provisions No. 30 of 2002 Concerning the Corruption Eradication Commission, Article 40 of Law No. 19 of 2019 regulates certainty regarding the KPK. The most recent KPK law gives the KPK permission to stop investigations, in contrast to earlier requirements. Definition of the issue: The KPK has the authority to issue an investigation termination (SP3) on cases of criminal acts of corruption in the form of Publication of a Certificate of Settlement (SKL) to the Bank Indonesia and Issuance of a Certificate of Payment (SKL) Against Bank Indonesia Liquidity Assistance Obligors (BLBI). in accordance with Law No. 19 of 2019 on the Corruption Eradication Commission of the Republic of Indonesia (KPK), Liquidity Assistance Obligor (BLBI). Legal-normative research methodology is employed. Qualitative data analysis methodologies. Concluding things using the deductive approach. Research findings, analysis, and conclusions In order to establish legal clarity and reduce abuse of power, it is important that the Corruption Eradication Commission be granted the authority to create an Investigation Termination Letter (SP3). Additionally, the approval of SP3 for the Corruption Eradication Commission appears to be ineffectual, particularly because it restricts and obstructs the space available for the Commission in the Corruption Eradication application.
Co-Authors Chelsy Tamara Siahaan Rachma Aulia Putri Yusuf Darmawan