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Journal : JURMA YUSTISI

Law Enforcement Against Criminal Acts Of Car Sale And Purchase Fraud (Court Case Study Cibinong) Nasution, Iyus Midar; Hartini, Sri; Ferrary, Ande Aditya Iman
JURNAL MAHASISWA YUSTISI Vol. 3 No. 1 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i1.1448

Abstract

Indonesia is a country based on law. Therefore, every act that is contrary to Pancasila and the 1945 Constitution (UUD) is considered the most fundamental legal basis, along with various other legal products. The law must always be enforced to achieve the ideals and objectives of the Indonesian State, as stated in the preamble to the fourth paragraph of the 1945 Constitution which outlines the formation of a government aimed at protecting the entire Indonesian Nation and all Indonesian bloodshed, as well as to advance general welfare, increase the nation's intelligence, and participate in maintaining world order based on the principles of independence, eternal peace and social justice. The type of research used is normative juridical as the main approach. This means that a legal approach is taken by examining theories, concepts, as well as reviewing statutory regulations that are relevant to this research. Normative juridical research places law as a system of norms, which includes principles, norms, rules from statutory regulations, agreements, and doctrine (teachings). This normative research focuses on legal systematics with the main aim of identifying understandings or basics in the law. Judges have an obligation to investigate, uphold and understand the legal ideals that develop in society in their role as law enforcers and dispensers of justice. Judges must actively participate in society in order to understand, feel and appreciate the sense of justice and the laws that apply therein. In this way, the judge can make decisions that are in accordance with the law and do not take sides with anyone. The judge's considerations in sentencing the defendant in the Cibinong District Court decision Number 72/Pid.B/2022/PN Cbi, are based on the following matters: stating The Defendant Anugrah Hidayat Bin Aan Sutarna has been legally and convincingly proven guilty of committing the crime of Fraud. of the sentence imposed, Determine the Defendant to remain in detention, Determine the evidence in the form of: 1 (one) Receipt for receipt of Rp. 85,000,000.00 (eighty five million rupiah) dated 12 September 2021, Photocopy of STNK, 1 ( one) Bogor City Police Samsat Counter I Registration Note sheet dated July 8 2021 (STNK in process), Current Account from Bank Syariah Bogor an. Nurul Nuraini Period 1 July 2021 to 31 July 2021, 1 (one) sheet of Minutes of Handover of Toyota Avanza Car No.Pol.: F-1806-DB from 8 BCA Finance, Photocopy of KTP of Mr. Anugrah Hidayat, SE Still attached to the case file, Charges the Defendant to pay court costs of Rp. 5,000.00 (five thousand rupiah).
Criminal Law Enforcement in the Military Againts Same-sexual Assault Perpertators Within the National Armed Forces (Decision Number 67K/Mil2021) Hari, Tour Dini; Purwoto, Ady; Ferrary, Ande Aditya Iman
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1595

Abstract

Military criminal Law plays an important role in maintaining discipline, moralty, and honor within the Indonesia National Armed Forces (TNI). One of the serious Violations of concern is acts of sexual misconduct, including same-sexual misconduct. The handling of such cases involves not only legal aspects but also ethical values and military discipline. This study analyzes how military criminal law, particular within the scope of the Military Penal Code (KUHPM) and Law Number 25 0f 2014 on Military Disciplen law, regulates and prosecutes perprtrators of same-sexsual misconduct within the TNI. The research method used is normative juridical with a qualitative approach to relevant cases. The findings indicate that akthough legal provisions are already in place, law enforcement still faces obstacles, both due to the closed nature of military culture and the lack of protection for victims. Therefore, there is a need to raise awareness among TNI members to create a more professional military environment and to uphold the good name of the Indonesia National Armed Forces
Juridical Analysis Of The Pre-Trial Decision On The Criminal Act Of Assault (Case Study of Decision Number 06/Pid.Prap/2016/PN.Kpg.) Pebrian, Mahesa Tezar; Mustika, Desty Anggie; Ferrary, Ande Aditya Iman
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1573

Abstract

This study analyzes pre-trial proceedings as a vital instrument in the Indonesian criminal justice system, especially after its scope was expanded by the Constitutional Court. The examination of Decision Number 06/Pid.Prap/2016/PN.Kpg. is relevant for understanding how pre-trial judges apply limitations on their authority in reviewing the legality of investigation processes related to criminal acts of battery and maintaining a balance between law enforcement and the protection of individual rights. This research employs a normative juridical method, focusing on document study. Data was collected through the review of primary legal materials, such as the Criminal Procedure Code (KUHAP) and the subject decision, as well as secondary legal materials including legal theories, doctrines, and relevant literature. Data analysis was conducted qualitatively, interpreting and drawing conclusions on the legal implications of the decision, and identifying the consistency of the ruling with prevailing legal principles. The research findings indicate that the pre-trial judge in Decision Number 06/Pid.Prap/2016/PN.Kpg. consistently upheld the limits of pre-trial authority. The judge rejected the petition that sought to challenge the substantive merits of the battery case, focusing instead on the formal aspects and the sufficiency of preliminary evidence in the suspect’s designation. This rejection affirms that pre-trial proceedings are not a forum for adjudicating the substance of a case, but rather an essential procedural control mechanism to ensure legal certainty and protect individual human rights throughout every stage of the criminal process.