Ginting, Yovani Yolanda Putri
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Tinjauan Yuridis Terhadap Tindakan Merusak Barang Orang Lain Tanpa Sengaja Latri, Akhdan Adityo; Ramadhan, Niko Rafael; Dorinda S, Gabriel; Ginting, Yovani Yolanda Putri; Kusuma, Nanda Putri Andana; W, Yuliana Yuli
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11608292

Abstract

This research discusses the juridical review of the act of accidentally damaging other people's property in the legal context in Indonesia. The main focus of this study is on the provisions of civil and criminal law that regulate responsibility and legal consequences of such actions. In civil law, the act of accidentally damaging property is regulated by Article 1365 of the Civil Code (KUHPerdata) which states that every unlawful act that causes loss is obliged to compensate for the loss, including actions caused by negligence. On the other hand, criminal law, through Article 406 paragraph (1) of the Criminal Code (KUHP), requires an element of intent to be subject to criminal sanctions. This research found that the act of accidentally damaging other people's property generally does not meet the criminal elements because there is no malicious intent, so it is more often resolved in the civil realm with a claim for compensation. Peaceful dispute resolution through mediation or negotiation was also identified as a method frequently used in practice to resolve these types of cases. This research provides a deeper understanding of how the Indonesian legal system handles cases of accidental damage to goods, as well as the legal implications for the parties involved.
Ringan di Meja Hijau, Berat di Nurani: Pelanggaran Kode Etik Hakim dalam Korupsi 271 Triliun Harvey Moeis dan Runtuhnya Kepercayaan Publik M, Mulyadi; Pradiani, Canisya; Sagita, Nabila; Al Hafizh, Muhammad Fadhlan; Alfarizi, Rizqie Achmad; Y. S, Jevon Verrell; Ginting, Yovani Yolanda Putri; Putra R, Daffa Charisma
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15161565

Abstract

The corruption case involving Harvey Moeis, with state losses reaching 271 trillion rupiah, has brought sharp scrutiny to the integrity and professionalism of judges in Indonesia. The public's perception of a lenient verdict has triggered allegations of violations of the judicial code of ethics, potentially undermining public trust in the judiciary. This study aims to analyze in depth the alleged violations of the judicial code of ethics in this case, as well as its impact on public trust. The research method used is a case study with a qualitative approach, through the analysis of documents, news, and literature studies. The results of the study indicate indications of violations of the judicial code of ethics, reflected in the significant disparity between the prosecutor's demands and the judge's verdict. The implications of this case are extensive, not only damaging the image of the judiciary, but also threatening the rule of law and justice in Indonesia.