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PENERAPAN PASAL MENGUNTUNGKAN TERPIDANA Marpaung, Aldi Yosep; Haryanto, Muh
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1278

This article discusses the benefits for convicts in the context of changes to statutory regulations which state that the convict’s actions are no longer a criminal. As stated in Article 3 paragraph (4) of the new Criminal Code. So, how can the material law like Article 3 paragraph (4) of the new Criminal Code be implemented? Based on normative research through qualitative methods and normative juridical approaches, the author will answer this question through several considerations of mechanisms as an effort taken by convicts through judicial review, cassation for legal purposes, clemency, and amnesty. Judicial review, cassation for legal purposes, and clemency will be considered as petition efforts from convicts regarding the implementation of Article 3 paragraph (4) of the new Criminal Code. Meanwhile, amnesty will be considered as an effort from the community or the government's intention in implementing Article 3 paragraph (4) of the new Penal Code.

BEBAN PEMBUKTIAN PASAL 12 B UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Aurelius, Angeline Theresia; Wijayanto, Bagas Febri; Haryanto, Muh
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1344

This study aims to analyze the reverse burden of proof system applied in Decision No. 34/Pid.Sus-TPK/2022/PN Amb. The research method employs a normative juridical approach, which involves examining case studies related to applicable laws and regulations. The legal materials utilized in this normative legal research include primary and secondary legal sources. The findings reveal that the burden of proof applied in Decision No. 34/Pid.Sus-TPK/2022/PN Amb, concerning the crime of gratification committed by the defendant, former Mayor of Ambon Richard Louhenapessy, is a limited or balanced reverse burden of proof. This system is implemented by both parties, namely the Public Prosecutor and the Defendant. The process begins with the Public Prosecutor establishing the allegations regarding the criminal act of gratification committed by the Defendant. Subsequently, the Defendant, together with their Legal Advisor, demonstrates that the funds received did not originate from the proceeds of the criminal act of gratification. In practice, this limited or balanced reverse burden of proof aligns with the proof process stipulated in the Criminal Procedure Code (KUHAP).

PENERAPAN PASAL MENGUNTUNGKAN TERPIDANA Marpaung, Aldi Yosep; Haryanto, Muh
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1278

This article discusses the benefits for convicts in the context of changes to statutory regulations which state that the convict’s actions are no longer a criminal. As stated in Article 3 paragraph (4) of the new Criminal Code. So, how can the material law like Article 3 paragraph (4) of the new Criminal Code be implemented? Based on normative research through qualitative methods and normative juridical approaches, the author will answer this question through several considerations of mechanisms as an effort taken by convicts through judicial review, cassation for legal purposes, clemency, and amnesty. Judicial review, cassation for legal purposes, and clemency will be considered as petition efforts from convicts regarding the implementation of Article 3 paragraph (4) of the new Criminal Code. Meanwhile, amnesty will be considered as an effort from the community or the government's intention in implementing Article 3 paragraph (4) of the new Penal Code.

BEBAN PEMBUKTIAN PASAL 12 B UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI Aurelius, Angeline Theresia; Wijayanto, Bagas Febri; Haryanto, Muh
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1344

This study aims to analyze the reverse burden of proof system applied in Decision No. 34/Pid.Sus-TPK/2022/PN Amb. The research method employs a normative juridical approach, which involves examining case studies related to applicable laws and regulations. The legal materials utilized in this normative legal research include primary and secondary legal sources. The findings reveal that the burden of proof applied in Decision No. 34/Pid.Sus-TPK/2022/PN Amb, concerning the crime of gratification committed by the defendant, former Mayor of Ambon Richard Louhenapessy, is a limited or balanced reverse burden of proof. This system is implemented by both parties, namely the Public Prosecutor and the Defendant. The process begins with the Public Prosecutor establishing the allegations regarding the criminal act of gratification committed by the Defendant. Subsequently, the Defendant, together with their Legal Advisor, demonstrates that the funds received did not originate from the proceeds of the criminal act of gratification. In practice, this limited or balanced reverse burden of proof aligns with the proof process stipulated in the Criminal Procedure Code (KUHAP).

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