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Kusyandi, Adi
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Law, Crime, Criminology & Criminal Justice

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EKSISTENSI PTUN SEBAGAI WUJUD PERLINDUNGAN HUKUM KEPADA WARGA NEGARA DARI SIKAP TINDAK ADMINISTRASI NEGARA Kartini, Murtiningsih; Kusyandi, Adi
Yustitia Vol. 7 No. 2 (2021): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v7i2.144

Abstract

All actions that harm everyone can be monitored by the court, while the review can be channeled through the State Administrative Court (PTUN). The State Administrative Court is one of the implementers of judicial power for the people seeking justice for State Administrative disputes. PTUN aims to resolve State Administrative disputes. Research methods in this papers using normative juridical research methods and using data collection techniques carried out using descriptive analysis techniques, with secondary data sources, which include primary legal materials such as laws and regulations relating to the rights of children and wives in divorce cases, sued unseen husbands, as well as secondary legal materials such as books, journals, articles, and other legal doctrines. State administrative disputes are disputes that arise in the field of State Administration between Persons or Civil Legal Entities and Legal Entities or State Administration Officials, both at the center and in the regions, as a result of the issuance of State Administrative Decrees, including employment disputes based on statutory regulations applicable. With the juridical analysis method, the author discusses the existence of PTUN as a form of legal protection for citizens from the act of state administration (abuse of power)
PENGEMBALIAN ASET DAN PENJATUHAN HUKUMAN MATI PADA TINDAK PIDANA KORUPSI Kusyandi, Adi
Yustitia Vol. 8 No. 2 (2022): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v8i2.164

Abstract

Although it has the potential to restore state losses, in its implementation there are still legal issues regarding the obstacles to the confiscation of assets in corruption cases. Assets are a series of processes or stages starting from collecting information or intelligence, evidence, tracing assets, freezing and confiscation of assets, trial processes, implementing court decisions or decisions, to handing over assets to the state. Returning assets is the responsibility of all law enforcement agencies authorized to investigate or prosecute criminal acts of corruption, in this case, the Indonesian National Police, the Indonesian Attorney General's Office, and the Corruption Eradication Commission. This effort, saidAgustinus, is constrained by the difficulty of proving the relationship between assets and criminal acts because confiscation and confiscation as regulated in the Criminal Procedure Code and the Criminal Code are still property-based. "In terms of legal substance, there are several weaknesses, for example, the rules for confiscation based on the Criminal Procedure Code are constructed to prove criminal acts, not to return assets,"
DISPARITAS PUTUSAN HAKIM PIDANA BERKUALITAS YANG MENCERMINKAN RASA KEADILAN DALAM SISTEM HUKUM INDONESIA Kusyandi, Adi; Yamin, Saefullah
Yustitia Vol. 9 No. 1 (2023): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v9i1.173

Abstract

Republic of Indonesia as required in Article 24 of the Republic of Indonesia. Indonesia. Judges are free from any coercion and/or pressure from anyone in carrying out their judicial but are free to do whatever they want. The principle of freedom of judges refers to the independence or independence of the judiciary to provide objective and fair decisions. Indonesian judges understand and carry out the meaning of the freedom of judges by carrying out the main duties of judicial power in accordance with procedural law and applicable law, namely freedom of responsibility, corridors of freedom of order in applicable laws and regulations, freedom from government, and interests. groups, pressure groups, print media influence, electronic media, and influential individuals.
KEDUDUKAN HUKUM PIDANA ADAT DALAM HUKUM PIDANA INDONESIA Kusyandi, Adi; Salsabila, Sahda; Murtiningsih, Murtiningsih
Yustitia Vol. 9 No. 2 (2023): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v10i2.205

Abstract

The development of Indonesian law is heading in a positive direction as evidence that law in Indonesia is a dynamic law, in the dynamism of Indonesian law, one form is Law Number 1 of 2023 concerning the Criminal Code, in which the Republic of Indonesia drafts provisions of Indonesian criminal law by using Indonesian culture and local wisdom as a spirit or soul in Indonesian law itself. Local wisdom is a local idea (local) that is wise, full of wisdom, good value, which is embedded and followed by community members. So that between the construction of national law and the concept of local wisdom is able to go together, legal harmonization becomes very important in the preparation and formulation of the contents in the New Penal Code Law, Article 66 paragraph (1) letter f which states that, Additional crimes as referred to in Article 64 point b consist of: f. fulfillment of local customary obligations."The article provides recognition of customary sanctions against perpetrators of criminal acts. Article 601 paragraph (1) which states that, "Any person who commits an act that according to law living in society is declared a prohibited act shall be threatened with a crime. Based on this, it is clear that the meaning of criminal acts is not only limited to those stated according to laws and regulations, but also based on customary criminal law. The article provides recognition of customary sanctions against perpetrators of criminal acts. Article 601 paragraph (1) which states that, "Any person who commits an act that according to law living in society is declared a prohibited act shall be threatened with a crime. Based on this, it is clear that the meaning of criminal acts is not only limited to those stated according to laws and regulations, but also based on customary criminal law.The article provides recognition of customary sanctions against perpetrators criminal.
RESTITUSI DAN KOMPENSASI BAGI KORBAN KEJAHATAN Kusyandi, Adi
Yustitia Vol. 10 No. 1 (2024): Yustitia
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/yustitia.v10i1.247

Abstract

Restitution and Compensation already exist in Indonesian laws and regulations. This study aims to find out how restitution is carried out for victims and what institutions can act as guarantors for restitution. The method used in this research is library research. Whereas the rights of victims to compensation and restitution in criminal justice are not yet optimal. Community legal knowledge and knowledge of law enforcement officers related to Compensation and Restitution and the absence of legal instruments for victims to defend their rights to Compensation and Restitution are weaknesses in obtaining victims' rights related to Compensation and Restitution.
Co-Authors Kartini, Murtiningsih Murtiningsih Murtiningsih Salsabila, Sahda Yamin, Saefullah