Septian Arjuanda Putra Simatupang
Universitas Negeri Medan

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Efektifitas Pembentukan Daerah Berdasarkan UU No 8 Tahun 2023 Guna Mendukung Otonomi Daerah Di Indonesia Septian Arjuanda Putra Simatupang; Irna Sri Talenta; Helen Meliana R Hutajulu; Rizkika Kartadinata Siahaan; Sri Hadiningrum
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: 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.v1i2.92

Abstract

This research examines the effectiveness of regional formation based on Law Number 8 of 2023 in order to support regional autonomy in Indonesia. The phenomenon of large-scale regional formation is quite worrying considering that many proposals are colored by the self-interest of the local elites who support them. Regional formation has only become a commodity of "political business" by local elites. "Hijacking" or manipulation of the formation of this area ultimately gave rise to many conflicts and problems at the local level, both in the expansion area itself and in its parent area. The method used in this study is a library research method or approach. The results and discussion of the research are in accordance with the mandate of the 1945 Constitution, that Regional Governments have the authority to regulate and manage government affairs themselves according to the principles of autonomy and assistance duties. The granting of broad autonomy to regions is aimed at accelerating the realization of community welfare through improving services, empowerment and community participation.
PEMISAHAN BERKAS PERKARA (SPLITSING) DALAM TINDAK PIDANA KORUPSI PERSPEKTIF HUKUM ISLAM Khatherine Sesilia Manik; Shellya Eka Putri; Septian Arjuanda Putra Simatupang; Tiominar Sianipar; Parlaungan Gabriel Siahaan; Dewi Pika Lbn Batu
AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan Vol 5, No 2 (2023): Volume 5 Nomor 2 Desember 2023
Publisher : IAIN BONE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/as-hki.v5i2.5438

Abstract

Splitting a case file is defined as the act of creating a new case file with more than one defendant. The purpose of the research is to find out the rationale for splitting cases, the legal basis, the impact and challenges in the implementation of splitting cases. The method used in this research is descriptive normative legal research with data collection techniques through observation at the Medan District Court and collection of written references. Splitsing is regulated in the provisions of Article 142 of the Criminal Procedure Code, but in the case of corruption in the Medan District Court it is true that the prosecutor split the case but in the trial the case was merged in accordance with the provisions of Article 141 of the Criminal Procedure Code, this was done so as not to conflict with the legal principle of contante justitie (fast, simple and low cost justice). Splitting will only complicate and slow down the trial process and even cause convoluted trials so that the principle of contante justitie is not fulfilled. In addition to the impact of splitsing, there are also challenges in its implementation, namely the possibility of defendants in other cases helping each other in their testimony so as not to incriminate the final decision of the crime and the violation of the defendant's human rights, namely the principle of non-self-incrimination.