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Analisis Penggunaan Hipnosis Forensik Sebagai Metode Komplementer Pembuktian Tindak Pidana Pada Pemeriksaan Saksi Dalam Proses Penyidikan Mohamad Aldi Djafar; Robby W. Amu; Marten Bunga
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Juni : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i2.1195

Abstract

To find out and analyze the use of forensic hypnosis as a method of examining witnesses in proving criminal acts in other countries. To find out and analyze the use of forensic hypnosis as a method of examining witnesses in the perspective of proof of criminal acts at the investigative level in IndonesiaThe type of research used is normative juridical. The focus of the normative approach is to find, analyze and then formulate norms for the use of hypnosis. While the focus of the juridical approach is to explain the use of forensic hypnosis in several countries by referring to legal concepts or expert opinions, legal principles or principles and legal sources that apply universally.Whereas forensic hypnosis has been used as a method of examining witnesses in the investigative process in the United States, Canada and Hong Kong where information from the results of forensic hypnosis is used by investigators to search for, collect evidence and strengthen evidence. Meanwhile, de jure court decisions in each country that recognize the use of forensic hypnosis is a source of jurisprudence and legal legitimacy for applying forensic hypnosis as a method of examining witnesses in proving criminal offenses at the investigative level in Indonesia. Whereas the use of forensic hypnosis as a method of examining witnesses in the perspective of proving a crime at the level of investigation in Indonesia is no different from the method of examining witnesses in the investigation process in general. As a complementary method, it consists of 4 (four) stages namely pre-induction, induction, suggestion and termination where implicitly the use of forensic hypnosis as a method of examining witnesses in the investigation process is a manifestation of the investigator's enthusiasm in carrying out other actions according to law.In order to further strengthen and optimize the existence of the use of forensic hypnosis as a method of examining witnesses in the investigative process in Indonesia, it is hoped that the legislature will provide confirmation on the use of forensic hypnosis which must be contained in statutory regulations or in standard procedures.
Kajian Normatif Pertanggung Jawaban Pidana Pada Pelaku Prostitusi Online Akristianto Ahmad; Nurmin K. Martam; Robby W. Amu
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 3 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i3.904

Abstract

Abstract. The development of the era has driven various changes in the order of human life and forced humans to develop in a more advanced and modern life. As one proof that the development of the era is the increasingly advanced and sophisticated information technology that can be easily learned, accessed and utilized to support humans in carrying out their daily lives. The progress and sophistication of this technology has now had a great impact on life both in the socio-economic and socio-cultural aspects of society. society can easily utilize the sophistication of this technology wisely or it can also be misused. Crimes that often occur using online media are crimes in the form of online prostitution. The problem approach method used in this writing is the normative juridical method. Primary data collection techniques are obtained by conducting searches, inventories and reviewing regulations using literature studies including laws and regulations, books and articles in journals and scientific works. Criminal law enforcement against online prostitution in Indonesia still faces various obstacles. Criminal law enforcement against online prostitution in Indonesia is legally based on Law No. 1 of 2003 concerning Information and Electronic Transactions. 19 of 2016), Criminal Code, and Pornography Law No. 44 of 2008.
Peran Polisi Kehutanan dalam Penanggulangan dan Pencegahan Tindak Pidana Illegal Logging Kahar S. Laiya; Robby W. Amu; Arifin Tumuhulawa
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i2.879

Abstract

This study aims to determine and analyze the role and effectiveness of the forestry police in overcoming illegal logging crimes. The type of research used is empirical juridical, by collecting data based on facts in the field and analyzed qualitatively descriptive. The role of the forestry police includes non-penal and penal efforts. Non-penal efforts are in the form of prevention such as providing appeals for environmental conservation, reforestation, supervision of forest utilization permits, mapping of vulnerable areas, and improving the quality and quantity of personnel. Penal efforts include arresting perpetrators, confiscating evidence, making minutes of examination, and coordinating with other law enforcement officials. Factors affecting the effectiveness of the forestry police include legal substance, legal structure, community culture, facilities and infrastructure, area compared to the number of personnel, population growth, and increasing modus operandi due to high demand for timber. Synchronization of regulations between sectors is needed to avoid overlapping rules. The government also needs to strengthen forestry police infrastructure and encourage active community involvement in preserving forests in North Gorontalo District.
Implikasi Hukum Terhadap Penetapan Tersangka Kembali Setelah Dibatalkan Oleh Putusan Praperadilan Momy Tahir; Ramdhan Kasim; Robby W. Amu
JURNAL PENDIDIKAN DAN ILMU SOSIAL (JUPENDIS) Vol. 1 No. 3 (2023): JULI : JURNAL PENDIDIKAN DAN ILMU SOSIAL
Publisher : Institut Teknologi dan Bisnis (ITB) Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (694.151 KB) | DOI: 10.54066/jupendis-itb.v1i3.229

Abstract

This study aims to find out about . What are the legal provisions for determining suspects as pretrial objects in criminal law and b What are the legal implications for re-determination of suspects after being canceled by a pretrial decision. The data collection method in this study was carried out by literature study, which is a way of collecting data by searching and studying library materials (literature, research results, scientific magazines, scientific bulletins, scientific journals, etc.). Legal materials are collected through inventory procedures and identification of laws and regulations, as well as classification and systematization of legal materials according to research problems. Therefore, the data collection technique used in this study was a literature study. The results of the study show that pretrial is a new thing in the life of law enforcement in Indonesia, has a goal to be upheld and protected, namely protecting the rights of suspects at the level of investigation and prosecution or preventing the arbitrariness of law enforcement officials against someone who is undergoing a legal process and To guarantee the protection of human rights and for law enforcers to carry out their duties consistently, the Criminal Procedure Code establishes a new institution called pretrial. Seeing the contents of the decision as referred to in Article 82 paragraph (3) of the Criminal Procedure Code, that there are 3 (three) types of implementation of pretrial decisions: committing certain acts, paying an amount of money and providing rehabilitation. The legal basis for pretrial authority in deciding the suspect's determination is found in the Constitutional Court (MK) decision No. 21/PUU-XII/2014 which states that the determination of the status of a suspect is included in the object of pretrial and also in its ruling that Article 77 of the Criminal Procedure Code is contrary to the 1945 Constitution and does not have binding legal force as long as the pretrial is not interpreted including determination of suspects, searches , and confiscation. Meanwhile, the background to the addition of pretrial authority in deciding the determination of the suspect is that the determination of the suspect's status is the end result of the investigation activities carried out which are none other than the object of pretrial. Criminal acts after the status of the determination of the suspect is declared invalid in the pretrial decision are basically still valid. Examination in pretrial cases is only in the administrative area of ​​the investigative process. Often the Pretrial decision which cancels the determination of the suspect by the investigator, is based.