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Journal : Legal Spirit

Korban Salah Tangkap: Penjebakan Melalui Metode Pembelian Terselubung Manik, Dekha Aprillia Ronauli; Ravizki, Eka Nanda
Legal Spirit Vol 8, No 2 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i2.5473

Abstract

The violation of laws in all regulations related to the illicit trafficking of narcotics is an element of Narcotics Crime, which is one form of a crime that is extraordinary in nature. This makes Narcotics Crime a matter that attracts considerable attention from the wider community. Various efforts are made to combat this, one of which is through the implementation of entrapment using undercover buy methods. However, a clear and detailed definition and mechanism of this method are not present in the relevant regulations, leading to confusion in understanding and errors in its implementation. The birth of wrongful arrest victims is related to procedural defects carried out by investigators due to differences in interpretation and understanding. The research method employed is normative juridical, conducted through an examination of legislation, expert opinions, legal theories, and various relevant literature. The results of this research indicate the necessity of regulations regarding the raised topic, as it holds significant urgency
Harmonisasi Hukum Penjatuhan Pada Pidana Kasus Pembunuhan Berencana Terhadap Justice Collaborator Utama, Firdaus Rizky; Ravizki, Eka Nanda
Legal Spirit Vol. 9 No. 1 (2025): Law and Society
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v9i1.5755

Abstract

A Justice Collaborator is a perpetrator of a criminal act who cooperates with law enforcement authorities to later become a witness and provide testimony to help uncover specific criminal cases in exchange for a reduction in punishment, one of which involves premeditated murder as found in Verdict Number 798/Pid. B/2022/PN. Jkt. Sel. However, to become a Justice Collaborator, there are several conditions that need to be met. The aim of this research is to examine juridically the requirements for establishing a Justice Collaborator, as well as to analyze how the Judge's Consideration in Granting Leniency to Justice Collaborators in Verdict Number: 798/Pid. B./Jkt. Sel. The research method used in this study is the Normative Juridical method with a Conceptual Approach, Statutory Approach, and Case Approach. The results of this study show that in establishing a Justice Collaborator, several conditions must be met in accordance with the prevailing regulations, including Law No. 31 of 2014 and Supreme Court Regulation No. 4 of 2011, and judges in granting leniency to Justice Collaborators use several considerations, one of which is because the defendant becomes a Justice Collaborator and is willing to testify in court, thus shedding light on the case which was previously shrouded in confusion and misunderstanding from various parties, threatening to distort the truth and justice. The defendant's courage, honesty, and perseverance in facing various obstacles to uncovering the truth make them worthy of recognition as a Justice Collaborator and deserving of leniency.