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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) Journal of International Islamic Law, Human Right and Public Policy
Ricky Pratama Ginting
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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DISCLOSURE OF AUTHORITY OF THE CORRUPTION ERADICATION COMMISSION (KPK) IN THE POST LAW CHANGE CORRUPTION ERADICATION COMMISSION Ricky Pratama Ginting; Sumarno
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.327

Abstract

After the passing of the Corruption Eradication Commission (KPK) Law, the position of the KPK, which was originally a non-governmental institution, is now included in the branch of government power (Auxiliary State Organ). The only corruption eradication institution (excluding the Police and Prosecutor's Office) that still survives to this day is the Corruption Eradication Commission, namely the independent commission which is given pro justitia authority in carrying out criminal acts of corruption. So far this has not been without criticism. In carrying out its duties and functions (before the revision of the Law), many experts criticized the institution for its "independent" status. The purpose of writing this journal is to find out whether changes to the Corruption Eradication Commission Law have given birth to the concept of an independent state institution for the Corruption Eradication Commission. This research uses normative legal research methods. Meanwhile, the approach taken uses a statutory approach and a conceptual approach. The results of this research explain that overall the changes to the Corruption Eradication Commission Law have not yet given rise to the concept of an independent state institution because there are still provisions in articles interfering with the independence of the Corruption Eradication Authority by the Corruption Eradication Commission.
IMPLEMENTATION OF RESTORATIVE JUSTICE AS AN ALTERNATIVE FOR CHILD CRIMINAL RESOLUTION Mhd. Ihwanuddin Hasibuan; Sulaiman; Ricky Pratama Ginting; Fadillah Aditya Pratama; Syaiful Asmi Hasibuan
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 3 No. 1 (2023): DECEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v3i1.334

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
JURIDICAL STUDY OF THE CRIMINAL ACTS OF DEFENSE IN VIEW FROM THE ITE LAW NUMBER 19 OF 2016 Yasmira Mandasari Saragih; Mhd. Ihwanuddin Hasibuan; Rico Nur Ilham; Ricky Pratama Ginting; Sardi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 3 (2023): May
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i3.944

Abstract

This research was conducted with the aim of finding out how the application of legal sanctions for perpetrators of criminal acts of defamation according to the ITE Law Number 19 of 2016 and how the impact of ITE Law Number 19 of 2016 has on legal changes in society. By using normative juridical research methods. In submitting criticism or opinion, it is protected by human rights and applicable laws and regulations. The criminal act of Defamation is strictly regulated in Law Number 19 of 2016 namely in Articles 27, 28 and Article 29 which prohibits distributing and/or transmitting and/or making electronic information accessible, which contains insults and/or defamation. Good name. Article 27 paragraph 3 of the ITE Law, In order to be categorized as a criminal act of defamation, the following elements must be proven: Intentional existence, without rights (without permission), with the aim of attacking reputation or honor, attacking accusations to make it known to the public. The Electronic Information and Transaction Law (UU ITE), which has been passed by the government along with the rapid development of information technology, aims to maintain and maintain polite behavior in cyberspace. However, the Indonesian people feel that the existence of the ITE Law actually hinders freedom of expression and issuing opinions. Moreover, there is misuse of the benefits of the ITE Law, namely the state apparatus to silence people who have criticized the state. In this journal, the author explains the various influences of the ITE Law on people's lives and the impacts it has. In conclusion, the principles of the ITE Law actually have good intentions to protect Indonesian people from misuse of social media. The community also wants the government to immediately remove articles that are prone to being misused for freedom of expression and to be able to create a democratic state from both the people and the government.
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): May
Publisher : 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.
JURIDICAL REVIEW OF LEGAL SANCTIONS FOR PEOPLE OF THE CRIME OF POLLING SUBSIDIZED GAS TO NOT SUBSIDIED FROM THE PERSPECTIVE OF ISLAMIC CRIMINAL LAW AND NATIONAL CRIMINAL LAW Ricky Pratama Ginting; Sulaiman; Husnul Hayana Daulay
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 3 (2023): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i3.14

Abstract

Legal protection is provided to the public or consumers, especially poor families who suffer losses in cases of mixing the contents of LPG cylinders by business actors. The position of poor families and the community is viewed from the Consumer Protection Law, users of subsidized 3 Kg LPG gas can demand legal protection if an accident occurs due to LPG mixing and are given administrative sanctions or criminal sanctions to business actors for their actions. The aim of this research is to find out how legal sanctions are against perpetrators of mixing subsidized gas into non-subsidized gas from the perspective of Islamic criminal law and national criminal law. This research uses a descriptive qualitative research method, with an empirical normative approach and uses a research approach, namely a library search approach. This approach is carried out by conducting research by looking for sources from various references such as theses, journals, theses and etc. The results of this research are that a person will be held responsible if they have committed a mistake that is prohibited by the rules or syara' and if they have fulfilled the elements of criminal responsibility, namely that a person has committed a prohibited act, the act was carried out of his or her own volition, and the perpetrator knows the consequences of the act. did it.
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.
Co-Authors Fadillah Aditya Pratama Husnul Hayana Daulay Mhd. Ihwanuddin Hasibuan Rico Nur Ilham Sardi Sulaiman Sumarno Syaiful Asmi Hasibuan, Syaiful Asmi Tengku Riza Zarzani N Yasmira Mandasari Saragih Yasmirah Mandasari Saragih