Claim Missing Document
Check
Articles

Found 2 Documents
Search

JURIDICAL ANALYSIS OF ERADICATION OF CRIMINAL ACTS OF TERRORISM IN INDONESIA Yasmirah Mandasari Saragih; Mhd. Ihwanuddin Hasibuan; Sulaiman; Ricky Pratama Ginting; Fadillah Aditya Pratama
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 3 No. 3 (2023): October (October-December)
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v3i3.1268

Abstract

Indonesia is a country of law as stated in article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Therefore, Indonesia as a country of law means that all arrangements in national and social life and the state are based on applicable laws with the aim of protecting and regulate every community's rights and obligations so as to create a safe, peaceful and peaceful life. One of the functions of the state is to protect every citizen from all threats of crime both from within and from outside. Terrorism is one of the crimes that often occurs and can threaten the life of the nation in Indonesia. The bomb blast at the Makasar Cathedral Church and the attack on the National Police Headquarters are examples of real cases of terrorist attacks in Indonesia. The purpose of this research is to find out and analyze the factors that cause terrorism and what efforts the government must make to prevent criminal acts of terrorism in Indonesia from being effective. The research method used in this research is a normative juridical approach, namely research based on library data in order to collect secondary data and tertiary data related to the problem formulation in this research. The research specification used is analytical descriptive, that is, it does not only describe problems, but also analyzes using an approach to legal norms relating to criminal acts of terrorism, in this case the researcher examines efforts to eradicate and prevent criminal acts of terrorism based on the law. Number 5 of 2018 concerning the eradication of criminal acts of terrorism and is linked to the opinions of experts, and describes it in the form of research using secondary and tertiary data using qualitative research. Terrorist acts that occur in Indonesia cannot be separated from the influencing factors that cause terrorism to develop, such as narrow understanding of religion, minimal understanding of Pancasila ideology and even psychological factors. Many efforts have been made by the government to prevent the occurrence of criminal acts of terrorism, such as the formation of a special anti-terrorism agency and efforts to secure areas that have the potential for terrorism to carry out its actions. However, there are still many acts/cases of terrorist crimes that occur in Indonesia, such as the bombing of the Cathedral Church House of Worship in Makasar and the attack on the National Police Headquarters, showing that efforts to prevent terrorism in Indonesia have not been effective. So further efforts are still needed that are more focused on involving every level of society to participate in fighting terrorism and also involving former terrorists as an effort to eradicate terrorism from its roots.
JURIDICAL ANALYSIS OF MINIMUM CRIMINAL IMPOSITIONS FOR PERSONS OF CORRUPTION CRIMINAL ACTS (STUDY OF DECISION NUMBER 43/Pid.Sus-TPK/2022/PN.Mdn) Ricky Pratama Ginting; Sumarno; T. Riza Zarzani
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1598

Abstract

The crime of corruption is a serious crime and must be eradicated in the Unitary State of the Republic of Indonesia, because it can harm the country. In terms of preventing and eradicating corruption, Indonesia has regulated it in Law number 20 of 2001 as an amendment to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. In this research, there are 3 discussions that will be explained in this research, namelyWhat is the role of judges in applying minimum criminal sanctions for perpetrators of criminal acts of corruption according to the provisions of the law, what are the basic considerations of judges in imposing sentences below the minimum threat for perpetrators of criminal acts of corruption and what is the legal basis for the judge's rationale for imposing criminal sanctions below the minimum for criminal acts of corruption? , in accordance with the provisions of Law Number 20 of 2001regarding changes to Law Number 31 of 1999 concerning the Eradication of Corruption Crimesin accordance with the provisions of Article 2 Paragraph (1) Every person who unlawfully commits an act of enriching himself or another person or a corporation which can harm state finances or the state economy, shall be punished with life imprisonment or a minimum imprisonment of 4 (four) years. and a maximum of 20 (twenty) years and a fine of at least IDR 200,000,000.00 (two hundred million rupiah) and a maximum of IDR 1,000,000,000.00 (one billion rupiah). However, in the case of this research, the judge decided the case was below the minimum sentence.