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All Journal Rechtsidee Journal of Indonesian Legal Studies Legal Standing : Jurnal Ilmu Hukum Unes Law Review Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Ilmu Hukum KYADIREN Jurnal Hukum Adigama Indonesian Journal of Law and Economics Review Jurnal Abdimas Prakasa Dakara Ranah Research : Journal of Multidisciplinary Research and Development JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Riwayat: Educational Journal of History and Humanities
Hutabarat, Rugun Romaida
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Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Transportation Other

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KEBERLAKUAN PUTUSAN PRAPERADILAN DALAM MEMERINTAHKAN PENYIDIK UNTUK MENETAPKAN STATUS TERSANGKA (STUDI KASUS PUTUSAN NOMOR: 24/Pid/Pra/2018/PN.Jkt.Sel.) Hutabarat, Rugun Romaida; Martono, Jeffri Pri; Tunggawan, Edwin; Kenny, Kennedy
Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Vol 2, No 2 (2018): Jurnal Muara Ilmu Sosial, Humaniora, dan Seni
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/jmishumsen.v2i2.2482

Abstract

Berdasarkan Pasal 77 Republik Indonesia Nomor 8 Tahun 1981 tentang Hukum Acara Pidana atau Hukum Acara Pidana Indonesia menyatakan bahwa pengadilan negeri dapat melakukan persidangan praperadilan apakah penangkapan atau penahanan dilakukan secara legal. Pengadilan juga mengadili putusan eksklusif investigasi penuntutan. Keputusan sidang praperadilan nomor 24 / Pid / Pre / 2018 / PN.Jkt.Sel adalah terobosan, karena untuk pertama kalinya di Indonesia, hakim sidang praperadilan memutuskan bahwa untuk memerintahkan penyelidik Komisi Pemberantasan Korupsi untuk mengukuhkan status tersangka kepada Boediono, Muliawan D Hadad, Raden Pardede dan kawan-kawan dalam kasus korupsi Bank of Century. Berdasarkan prinsip hukum, res judicata pro veritate habetur, keputusan hakim ditentukan benar, keputusan ini harus dilakukan tanpa kecualiUnder Article 77 of Law of The Republic Indonesia Number 8 of 1981 Concerning Criminal Procedure Law or Indonesia’s Code of Criminal Procedure stated that a district court can conduct pretrial hearing to determine whether an arrest or detention carried out legally. The court also adjudicate the proprietry of the cessation of an investigation prosecution. The pretrial hearing decision number 24/Pid/Pra/2018/PN.Jkt.Sel was the breakthrough, because for the first time in Indonesia, judge of the pretrial hearing decided that to order the investigator of the Corruption Eradication Commision to firm the suspect status to Boediono, Muliawan D Hadad, Raden Pardede and friends in the corruption case of the Bank of Century. Based on the law principal, res judicata pro veritate habetur, means that the judge decision is determined to be right, this decision has to be conducted with no exception.
Problematika Lembaga Pemasyarakatan dalam Sistem Peradilan Terpadu Hutabarat, Rugun Romaida
Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Vol 1, No 1 (2017): Jurnal Muara Ilmu Sosial, Humaniora, dan Seni
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/jmishumsen.v1i1.333

Abstract

Correctional criminal justice system be seen from the issue of crime system, the idea of coaching, over capacity, and the adverse effects of imprisonment. The new alternative of imprisonment to be important. This study uses normative. This paper will discuss the implementation of associated ideas correctional imprisonment in Indonesia current legislation and the future alternative accordance with the idea of humanity. The answer above problems: first, over capacity in prisons into correctional implications have not been the implementation of selective and limited idea. Second, in the future should give consideration criteria such as medical, family, professional or social considerations that force/urgent. Considering there are still many problems in the implementation of imprisonment, over capacity, not the realization of the idea of correctional, adverse effects of imprisonment and global criticisms, then alternative imprisonment integrating the idea of humanity, saving, rehabilitation and selective expected to realize the integrated criminal justice system. Keywords: policy, correctional ide, integrated criminal justice system
Customary Delict of Penglipuran Bali in the Perspective of the Principle of Legality: A Dilemma and Arrangements for the Future Adhari, Ade; Widyawati, Anis; Windia, I Wayan P; Hutabarat, Rugun Romaida; Tania, Neysa
JILS (Journal of Indonesian Legal Studies) Vol 6 No 2 (2021): Indonesian Legal Thoughts Amid Various World Legal Thoughts
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i2.50555

Abstract

In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This paper examines the implementation of customary law regarding the violation of Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive-inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awigbut also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs".
ANALISIS PERTANGGUNGJAWABAN TINDAK PIDANA KORUPSI AKIBAT KERUGIAN BUMN BERDASARKAN DOKTRIN BUSINESS JUDGEMENT RULE (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 34/PID.SUS-TPK/2019/PT.DKI) Desiana, Felina; Hutabarat, Rugun Romaida
Jurnal Hukum Adigama Vol 4, No 2 (2021)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17008

Abstract

State-Owned Enterprises (SOEs) in the form of Limited Liability Companies and run by a board of directors and their ranks do not cover the possibility of losses in running the company. If the board of directors takes a decision that harms the company, it will be considered to fulfill the elements of Article 2 paragraph (1) of the Law on the Eradication of Corruption. Business Judgement Rule is one of the doctrines that exist in business law to protect directors and their ranks in legal liability for business decisions they take. The Business Judgement Rule arises as a result of the implementation of fiduciary duties by a board of directors. The Board of Directors is required to take full responsibility for the management of the company, in the interests of the company. In carrying out its duties the board of directors is often faced with business decisions that are not in accordance with the agreed business strategy. As in the Supreme Court's Decision 34/PID. SUS-TPK/2019/PT. DKI, a state-owned company board of directors of PT Pertamina is said to be found guilty of corruption offences due to the harm to the state's finances amounting to Rp. 568,066,000,000 as a result of the acquisition or investment in BMG Australia. Thus, the doctrine of Business Judgement Rule should be applied as long as the board of directors can prove the business decisions taken in good faith, and prudence and not enrich themselves.
Determining Relative Competence in Resolving Criminal Defamation Cases Under Indonesian Positive Law Josephine, Emeralda Janessa; Hutabarat, Rugun Romaida
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i2.235

Abstract

The determination of relative competence in criminal cases is based on the court with geographical authority to adjudicate a particular case, as established through normative legal research. Relative competence is determined by the location where the crime occurred or the residence of the perpetrator and/or victim, as stipulated in Article 84 paragraph (1) of the Criminal Procedure Code: “The competent district court is the court where the crime was committed.” In the South Jakarta District Court Decision Number 283/Pid.Sus/2023/PN.Jkt.Sel, although the crime occurred in Bogor, the case was tried in the South Jakarta District Court. The judge considered additional factors, such as the defendant’s place of residence or the case’s significant influence in the area. This demonstrates flexibility in applying relative competence while adhering to relevant legal provisions.
Implemetasi Pidana Mati Bagi Koruptor di Tengah Pandemi Wibisono, Yohanes Adrian; Hutabarat, Rugun Romaida
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 3 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i3.1472

Abstract

Corruption is a crime that is no longer foreign in Indonesia, corruption is usually carried out by officials who have high incomes. Corruption is also often referred to as White Collar Crime. During the Covid-19 pandemic in 2020, the government allocated additional APBN funds totaling 405.1 trillion Rupiah as a step to handle the crisis. The budget allocated for handling Covid-19 is quite large and requires careful supervision in its implementation so that it can be used to handle Covid-19, but the budget issued by the government was used by Juliari P. Batubara for personal gain and intended to enrich himself, therefore Juliari P. Batubara received a sentence of twelve years in prison along with a monetary penalty of five hundred million rupiah. It is stipulated that failure to pay this fine will result in an additional six months of imprisonment. An additional penalty has been imposed on Juliar P. Batubara, requiring the payment of compensation amounting to Rp14,597,450,000.00 (fourteen billion five hundred ninety-seven million four hundred and fifty thousand rupiah).
PEMBUKTIAN PENIPUAN INVESTASI MATA UANG KRIPTO DALAM PIG BUTCHERING SCAM Goldwen, Fishella; Hutabarat, Rugun Romaida
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10525

Abstract

Cryptocurrency investment fraud in the form of Pig Butchering Scam has emerged as a rapidly evolving type of cybercrime that is difficult to trace. This study aims to examine the scheme and the evidentiary process of Pig Butchering Scam in the context of cryptocurrency investment fraud. Utilizing a normative approach, this research analyzes legal documents and regulations related to cryptocurrency investment. Secondary data were obtained from policy analysis and academic literature. The findings of this research identify Pig Butchering fraud as a type of romance-based scam. Perpetrators deceive victims by building trust and convincing them to participate in fraudulent investments. Once the victim trusts the perpetrator and deposits personal funds, these funds are entirely siphoned off by the fraudsters, who subsequently disappear. Resolving such cases under criminal procedural law proves challenging due to the involvement of multiple complex aspects. This study recommends that the Indonesian Government urgently establish specific evidentiary regulations regarding the Pig Butchering Scam scheme in cryptocurrency investment fraud. These regulations could serve as a guideline for law enforcement in Indonesia, similar to the Anti-Telecommunications and Online Fraud Law implemented in China.
PEMBUBARAN KORPORASI: KAJIAN KOMPARATIF ANTARA SISTEM HUKUM CIVIL LAW DAN COMMON LAW Aryadi, Arsha Medina; Hutabarat, Rugun Romaida
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10530

Abstract

This research analyzes the dissolution of a company as a consequence of criminal law within the framework of civil law and common law, by comparing the practice in England and Germany. The research aims to show the different approaches to company dissolution. In the UK, compulsory liquidation proceedings and administrative flexibility are prioritized to protect the interests of creditors, whereas in Germany, dissolution requires formal shareholder approval and strict administrative oversight. In addition, this study also explores the factors that influence dissolution decisions and the dispute resolution efforts that arise. Through normative research with a statutory and comparative approach, this study analyzes legal documents and regulations related to dissolution in the two selected countries. Secondary data was collected from the analysis and review of academic literature. The results show that corporate dissolution in the UK emphasizes flexibility through the Companies Act 2006 and the Insolvency Act 1986, while Germany, under the Act on Limited Liability Companies Germany, follows a strict structural process. Both prioritize creditor protection, with the duration of liquidation being shorter in the UK than Germany, which requires a minimum of one year.
Kebijakan Penanggulangan Narkotika oleh Badan Narkotika Nasional Ditinjau dari Undang-Undang Narkotika Khoirullah, Muhamad Satria; Hutabarat, Rugun Romaida
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11927

Abstract

This research stems from the obligation of a rule-of-law state to protect its citizens from the threat of narcotics abuse, which is increasingly widespread and endangering the nation’s survival. The purpose of this study is to explain the obstacles faced by the National Narcotics Agency (BNN) of Tangerang City in implementing law enforcement policies against narcotics crimes in its jurisdiction. This research employs an empirical legal method using a juridical-empirical approach, combining analysis of legal regulations with field data obtained through interviews, documentation, and literature studies. The findings show that although BNN Tangerang City has carried out various prevention, eradication, and rehabilitation policies through cross-sectoral cooperation with local governments, the police, and the community, implementation still faces serious challenges, such as shortages of human resources, limited operational facilities, weak inter-agency coordination, and gaps in technical understanding related to proving narcotics cases. In addition, the participation of Regional Government Organizations (OPD) is considered uneven, and private sector involvement remains minimal. This research recommends the need for increased budget allocation, recruitment and training of human resources, strengthening of forensic laboratories, optimization of technology, and regulatory improvements to create a more effective and sustainable narcotics control system in Tangerang City.
When the Perpetrator Is an Educator: Assessing Justice in the Juvenile Criminal Justice System Susanto, Maurend Benaya Immanuel; Hutabarat, Rugun Romaida
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.303

Abstract

Sexual violence against children perpetrated by educators constitutes an egregious crime that endangers the safety and future of the nation’s youth. Although Indonesia’s special criminal law—primarily through the Child Protection Law—has established legal mechanisms for safeguarding child victims, its implementation within the judiciary remains inconsistent. This study aims to critically examine sentencing disparities in District Court Decision No. 157/Pid.Sus/2020/PN Tbn and High Court Decision No. 1271/Pid.Sus/2020/PT SBY, and to assess the extent to which the lex specialis framework is consistently applied to ensure maximum protection for child victims. Employing a normative legal approach combined with case analysis and legal document review, the study reveals inconsistencies in the imposition of criminal sanctions, including the failure to apply supplementary penalties, indicating a systemic lack of victim-centered bias in judicial decisions.
Co-Authors Ade Adhari Anis Widyawati Apricia, Nadira Aryadi, Arsha Medina Aurelia, Jessica Azzahra, Sayyidina Cassilas, Anggian Daniel Daniel Desiana, Felina Devi Devi, Devi Goldwen, Fishella Halim, Kelly Chandra Puspita Josephine, Emeralda Janessa Kartika Chandra Kirana, Kartika Chandra Kenny, Kennedy Khoirullah, Muhamad Satria Latifa, Nur Alia Martono, Jeffri Pri Michellena Nasrullah, Mochammad Ridho Pramudito, Muhammad Afrizal Puspita, Salsabillah Ayu Putri, Amanda Fitriani Eka Qoyyumi Permadi*, Shafira Andiena Rifurio, Muhammad Haikal Setyani, Erlin Sidauruk, Cancolio Frederick Simamora, Indah Maria Maddalena Susanto, Maurend Benaya Immanuel Syamila, Najma Tania, Neysa Tanuwijaya, Jhonathan Tobing, Sarah Angelina Setiahata Lumban Tunggawan, Edwin Wayan P. Windia Wibisono, Yohanes Adrian Yuwono Prianto