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All Journal Deposisi: Jurnal Publikasi Ilmu Hukum Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik
Mohammad Hakim Pratama Rahim
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Hukum Bisnis Tentang Kerugian Keuangan Pada Badan Usaha Milik Negara (BUMN) Mohammad Hakim Pratama Rahim
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 1 (2024): Maret : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i1.2305

Abstract

State assets in BUMN are State Finance, namely state money which is separated into its management as a form of direct capital participation from the state. BUMN is a business entity so it is a business entity whose business orientation is focused on making a profit (profit). The problem is that not all BUMNs in Indonesia are said to be good and healthy BUMNs, because a number of BUMNs are still suffering significant or even very large losses. Quite a few of the BUMNs in question suffer losses due to various factors, so that if losses occur to the BUMN, then these losses constitute losses to the State Finances and qualify as a criminal act of corruption. From the research results, it can be concluded that state finances in state-owned companies are realized in the criteria if all the capital comes from separated state assets, and if the majority (majority) of the capital comes from separated state assets. These two criteria indicate the existence of state assets in state-owned companies so that they are fully subject to the legal provisions of state-owned companies according to Law no. 19 of 2003. State financial losses to state-owned companies are not state financial losses, but rather losses to the state-owned companies themselves. Thus, these financial losses are subject to the provisions of private law as regulated in Law no. 19 of 2003 and Law no. 40 of 2007 concerning PT
Hambatan Pelaksanaan Restorative Justice Pada Tindak Pidana Narkotika Di Kepolisian Resort Gorontalo Kota Mohammad Hakim Pratama Rahim; Dian Ekawaty Ismail; Apripari Apripari
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1691

Abstract

This research aims to determine the implementation of restorative justice in narcotics crimes at the Gorontalo City Resort Police, based on the title raised in this research. This research uses empirical legal research, because this research is based on the reciprocal relationship between law and other institutions. It is said to be empirical because it is based on real data or facts. This research aims to look for primary data or what can also be called field data on the implementation of restorative justice in drug crimes. The results of this research show that the implementation of restorative justice in drug crimes is not solely for all drug users, but there are several provisions in accordance with Perpol number 8 of 2001. The provisions so that restorative justice can be carried out include: the person is not involved in a drug network, drugs that are there is only personal use, not resale, not a resinipis, namely a second arrest, and the evidence does not exceed the amount and so on. So apart from these provisions, RJ cannot be carried out. In accordance with prosecutor's guidelines number 18 of 2021 concerning the resolution of handling criminal cases for victims of narcotics abuse, it is carried out through rehabilitation with a restorative justice approach. Apart from that, the obstacles in implementing restorative justice, according to information, are several factors, namely internally, namely obstacles in the BNN reporting or assessment process due to inappropriate time, namely exceeding the 3x24 hour time frame, and external factors, namely the lack of cooperation with the community, which causes delays in reporting. and when the arrest was made, the perpetrators did not admit that the items belonged to them, so 2 witnesses were needed in the form of the local RT head so that the process could continue.
Hambatan Pelaksanaan Restorative Justice Pada Tindak Pidana Narkotika Di Kepolisian Resort Gorontalo Kota Mohammad Hakim Pratama Rahim; Dian Ekawaty Ismail; Apripari Apripari
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April: Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i2.1691

Abstract

This research aims to determine the implementation of restorative justice in narcotics crimes at the Gorontalo City Resort Police, based on the title raised in this research. This research uses empirical legal research, because this research is based on the reciprocal relationship between law and other institutions. It is said to be empirical because it is based on real data or facts. This research aims to look for primary data or what can also be called field data on the implementation of restorative justice in drug crimes. The results of this research show that the implementation of restorative justice in drug crimes is not solely for all drug users, but there are several provisions in accordance with Perpol number 8 of 2001. The provisions so that restorative justice can be carried out include: the person is not involved in a drug network, drugs that are there is only personal use, not resale, not a resinipis, namely a second arrest, and the evidence does not exceed the amount and so on. So apart from these provisions, RJ cannot be carried out. In accordance with prosecutor's guidelines number 18 of 2021 concerning the resolution of handling criminal cases for victims of narcotics abuse, it is carried out through rehabilitation with a restorative justice approach. Apart from that, the obstacles in implementing restorative justice, according to information, are several factors, namely internally, namely obstacles in the BNN reporting or assessment process due to inappropriate time, namely exceeding the 3x24 hour time frame, and external factors, namely the lack of cooperation with the community, which causes delays in reporting. and when the arrest was made, the perpetrators did not admit that the items belonged to them, so 2 witnesses were needed in the form of the local RT head so that the process could continue.
Co-Authors Apripari, Apripari Dian Ekawaty Ismail