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All Journal Journal of Law, Poliitic and Humanities Indonesia of Journal Business Law Greenation International Journal of Law and Social Sciences
Panggabean, Tardip
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis Of Final Review Review (Pk) Of Criminal Corruption Cases By The Head Of Personnel Body Formation In Pagar Alam City Rhamadani, Dwi Putri; Panggabean, Tardip; Jaya, Eni
Greenation International Journal of Law and Social Sciences Vol. 2 No. 1 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (March 202
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i1.151

Abstract

This research is to find out the Legal Considerations of the Panel of Judges in imposing a criminal verdict on corruption committed by the Head of Formation of the Civil Service Agency in using his position in Pagar Alam City (Case study of Cassation Decision No. 2697 K/Pid.sus/2016, with PK No. 163/Pid.sus/2019). Where the regulations regarding the eradication of corruption are listed in Law No.20 of 2001 which has been revised in several articles. The formulation of the problem in this study How is the verdict of the panel of Judges at the Cassation level in the Supreme Court of the Republic of Indonesia with Number 2697 K / PID.SUS / 2016, against the perpetrators of abuse of authority due to acts of Corruption related to the appointment of honorer to CPNS, and how is the verdict of the Supreme Court Judges at the level of Reconsideration against the perpetrators of the crime of participation (article 55 of the Criminal Code) as the head official of the personnel formation field of Pagar Alam City with decision number: 163 PK/Pid.sus/2019. This research is a qualitative normative juridical research which is then presented descriptively by describing the problem and drawing conclusions to determine the results. The result of the research obtained is that the judge's consideration at the cassation level is not in accordance with the applicable law because the perpetrator is an official in a government office who abuses his authority so that it is appropriate for the decision of the supreme court judge at the cassation level to impose a sentence in accordance with the applicable law.
Criminal Case of Forgery Under Article 263 of the Criminal Code Regarding Jokowi’s Diploma Dismissed by BARESKRIM Due to Potential Misuse in Criminal Procedural Practice Panggabean, Tardip
Indonesia of Journal Business Law Vol. 4 No. 2 (2025): IJBL - Artikel Riset Juli 2025
Publisher : Information Technology and Science (ITScience)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47709/ijbl.v4i2.6709

Abstract

This study analyzes the termination of the criminal investigation concerning the alleged forgery of President Joko Widodo's diploma, under Article 263 of the Indonesian Criminal Code. Despite strong public attention and legal accusations filed by civil society group TPUA, Bareskrim Polri concluded there was no criminal offense and ceased the case. The research highlights the legal framework for case termination via SP3 (Investigation Termination Order) and discusses potential procedural misuses in the investigation phase. It further evaluates the forensic analysis conducted on Jokowi’s academic documents and legal remedies available for objecting to termination decisions. Using a normative juridical approach, this study finds significant procedural ambiguity and the potential for institutional overreach in preliminary inquiries. The case study demonstrates the challenges in maintaining legal accountability and transparency when criminal allegations involve high-profile political figures. Recommendations are made for reforming the criminal procedural mechanisms to uphold justice and public trust. This raises concern over potential misuse of investigative mechanisms, with what amounts to an SP3 (Order to Terminate Investigation) being issued under a different guise. As such, the case may rightfully become the subject of a pretrial motion (pretrial) to assess its legal validity. Although many criminal cases never proceed to the investigation stage, they typically do not involve public figures as prominent as those in this alleged fake diploma case. Therefore, they often do not go viral or receive widespread media coverage in print or electronic news, unlike the ongoing attention this case has attracted.
Application of the Law of Crashing into Deaths of UI Students is an Ordinary Offense in Relation to Restorative Justice Panggabean, Tardip
Journal of Law, Politic and Humanities Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i2.199

Abstract

The aim of research are to know stop the investigation of Ordinary Delicts/Reports at the Police at the request of the perpetrator and the victim. To know form a mechanism to stop investigations into Ordinary Offenses/Reports based on the concept of restorative justice. This research uses normative law research using normative case studies in the form of legal behavior products, for example reviewing laws. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. The finding of research are Polri investigators are aware that there is a weak point in the use of discretion to stop investigations based on the concept of restorative justice, namely the absence of written rules that serve as a legal basis for investigators. The legal basis should be constructed through several laws and regulations and the ability of Polri investigators as public officials to make decisions based on discretion. The current construction of reasoning departs from the Telegram Bareskrim Polri Number: STR/583/VIII/2012 dated 8 August 2012 and several technical instructions from internal Polri institutions.
Co-Authors Jaya, Eni Rhamadani, Dwi Putri