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All Journal Jurnal Ilmiah Penegakan Hukum Jurnal Legisia
Sianturi, Ronal Hasudungan
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertanggung Jawaban Kepada Pelaku Pencurian yang di Lakukan Dua Orang atau Lebih dengan Bersekutu ditinjau dalam Pasal 363 Ayat (1) KE-4 KUHP (Studi Putusan Mahkamah Agung No. 1092 K/Pid/2022) Sinaga, Sherina; Sianturi, Ronal Hasudungan; Leonardo, Frans
JURNAL LEGISIA Vol 16 No 1 (2024): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v16i1.384

Abstract

The research aims to deal with thefts committed by more than two people or in collusion. The formulation of the problem is responsibility for perpetrators of theft based on Article 363 paragraph (1) of the 4th Criminal Code and the basis for inspection, the judge places criminal sanctions on theft cases based on Supreme Court Decision No. 1092 K / Pid / 2022. This type of legal research is juridically normative. The result of the discussion was criminal liability against Defendant II Moh. Asrar Abd Samad in Supreme Court decision No. 1092 K/Pid/. Aswan and his friend are believed to be legally guilty of theft.
Kepastian Hukum Implementasi Denda Damai Untuk Perkara Tindak Pidana Korupsi: Legal Certainty in the Implementation of Peaceful Fines for Corruption Crime Cases Sianturi, Ronal Hasudungan; Tanjung, Ahmad Feri; Christian Naldo, Rony Andre
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14093

Abstract

This article aims to examine the legal certainty of the implementation of a peace fine against the alleged perpetrators of corruption. Peaceful fines are regulated in Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption Crimes, namely in Article 35 paragraph (1) letter k. The executive had discussed the implementation of a peaceful fine against the alleged perpetrators of corruption. The discourse of implementation has caused controversy in Indonesia, so that in the end the discourse was canceled. The problem is focused on the executive discourse to implement a peaceful fine against the alleged perpetrators of corruption. The theory used in analyzing the problem approach is the theory of legal certainty put forward by C.S.T. Kansil. According to C.S.T. Kansil, normative legal certainty is when a regulation is made and promulgated with a clear and logical manner. Data are collected through primary legal materials, secondary legal materials, as well as tertiary legal materials, and are analyzed qualitatively. This study concluded that the implementation of peaceful fines against alleged perpetrators of corruption is inappropriate, contrary to Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 Concerning Eradication of Corruption and Law Number 11 Year 2021 Concerning the Prosecutor's Office of the Republic of Indonesia, as well as causing legal uncertainty in law enforcement.
Co-Authors Christian Naldo, Rony Andre Leonardo, Frans Sinaga, Sherina Tanjung, Ahmad Feri