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All Journal JOURNAL EQUITABLE JOURNAL SCIENTIFIC OF MANDALIKA (JSM) Parlementer : Jurnal Studi Hukum Dan Administrasi Publik
I Made Kanthika
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Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PERLINDUNGAN HUKUM KREDITOR SEPARATIS TERHADAP JAMINAN KEBENDAAN PIHAK KETIGA DALAM PERKARA KEPAILITAN (STUDI KASUS PERKARA KEPAILITAN NOMOR : 21/PDT.SUS.GUGATAN LAIN-LAIN/2019/PN.NIAGA SBY., JUNCTO PERKARA NOMOR : 18/PDT.SUS/PKPU/2018/PN.SBY Subagyo, Heri; I Made Kanthika
JOURNAL EQUITABLE Vol 8 No 2 (2023)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v8i2.4953

Abstract

Creditors are classified into three categories, namely separatist creditors, preferred creditors, and concurrent creditors. This is different from the classification in general civil law, where creditors are only classified into two, namely preferred and concurrent creditors. Separatist Creditors, namely creditors whose receivables are guaranteed and bound by material guarantees such as Mortgage, Mortgage, Pledge and Fiduciary. Separatist creditors or Secure Creditors can exercise their rights based on the material guarantees they have as if no bankruptcy had occurred, in the case studied it was found that PT. Hardys Retailindo signed a Credit Agreement with Bank J. Trust Indonesia, on May 28, 2012 for Working Capital purposes, which is approximately IDR 140,000,000,000 (One Hundred Forty Billion Rupiah), in this case the Bank. J Trust as a separatist creditor whose debt is guaranteed should get legal and preliminary protection from bankrupt debtors, in this study discusses legal protection for separatist creditors
Penyelesaian Perkara Tindak Pidana Anak Dibawah Umur Dengan Asas Restorative Justice di Lingkungan Polres Belitung Timur Revaldy Nugraha; I Made Kanthika; Markoni Markoni; Helvis Helvis
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 1 No. 3 (2024): September: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v1i3.57

Abstract

Crimes of theft in the family committed by children require special handling by the police, not all cases involving children are resolved through the courts. This is in the best interests of the child and also considers justice for the victim, which is called a restorative justice approach. This research aims to analyze the form of resolution of criminal acts committed by minors in the East Belitung Police area. The results of the research are that the resolution of children's cases that applies restorative justice is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Political Regulations concerning Restorative Justice, namely the resolution of children's cases outside the criminal court which emphasizes restoring the situation. initially with an emphasis on conditions for creating justice and balance for children and their victims. The conclusion is that the form of resolving criminal acts of theft committed by the East Belitung Police is by implementing restorative justice. Restorative justice carried out by the East Belitung Police aims to accommodate the norms and values ​​that apply in society while providing legal certainty, especially the benefits and a sense of justice that meets the needs of the community. a sense of justice for all parties, which is a manifestation of the National Police's authority in carrying out duties in the field of criminal proceedings and police discretion based on Articles 16 and 18 of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.
Perlindungan Hukum Terhadap Korban Tindak Pidana yang Dilakukan oleh Orang dengan Gangguan Jiwa Rachman, Novita Ayu Nafisa; Sembiring, Malemna Sura Anabertha; Nardiman; I Made Kanthika
Journal Scientific of Mandalika (JSM) e-ISSN 2745-5955 | p-ISSN 2809-0543 Vol. 6 No. 3 (2025)
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/10.36312/vol6iss3pp722-731

Abstract

The cause of the weak legal protection of victims of criminal acts in Indonesia is that the laws and regulations governing it are still unclear. In this research, the author will discuss issues related to the legal protection of victims of criminal acts committed by people with mental disorders (ODGJ) and efforts that can be made by victims of criminal acts committed by ODGJ to obtain compensation. The normative research method used by the author in discussing the case in this thesis refers to written regulations, data collection is done through literature study as well as examining laws and cases related to the legal protection of victims of criminal acts committed by ODGJ. From the results of the research, it can be concluded that the legal protection of victims of criminal acts in the justice system must be pursued by the state as a form of responsibility for the formulation of criminal legislation. Legal protection of victims of crimes committed by ODGJ can be done with compensation in the form of restitution as an additional punishment to fulfill the rights of victims that have not been obtained. Criminal law policy is expected to be able to provide firmer rules regarding compensation that can be systematically applied in criminal law policy.
Co-Authors Helvis Helvis Markoni Markoni Nardiman Rachman, Novita Ayu Nafisa Revaldy Nugraha Sembiring, Malemna Sura Anabertha Subagyo, Heri