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All Journal International Journal of Society and Law
Saiful Asmi Hasibuan
Universitas Pembangunan Panca Budi
Law, Crime, Criminology & Criminal Justice Other

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Juridical Analysis Of Fraud Committed By Housing Developers (Study Decision Number: 397/Pid.B/2021/PN Bna) Adlin; Saiful Asmi Hasibuan
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.133

Abstract

This study explores the significant challenges posed by property fraud in the rapidly expanding urban property market, focusing on a specific legal case in Indonesia (Case Number: 397/Pid.B/2021/PN-BNA). As urban populations grow and the demand for residential housing increases, the property sector becomes a lucrative but contentious area, leading to various conflicts and crimes, particularly fraud. Property fraud, facilitated by perpetrators exploiting legal ambiguities and weaknesses in law enforcement, causes substantial financial and psychological harm to victims, undermining social trust and stability. The study examines the legal distinction between fraud and default, the role of law enforcement, and the need for comprehensive public education on property regulations. Through the case of Maidin Rahmat Bin Sulaiman, who was sentenced to three years and six months for property fraud, this analysis highlights the intricacies and consequences of fraudulent activities in the housing sector. The findings underscore the necessity for stringent legal measures and effective enforcement to deter property fraud and protect consumers in the real estate market.
Juridical Analysis Of The Crime Of Premeditated Murder Committed By Members Of The Police Andri; Saiful Asmi Hasibuan
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.134

Abstract

The function of the police, as regulated in Article 2, is to maintain public security and order, enforce the law, and provide protection and service to the community. Article 4 further states that the National Police of the Republic of Indonesia aims to achieve domestic security, uphold the law, and develop public peace while respecting human rights. The effective execution of these noble goals requires community support and cooperation. Importantly, police officers, as enforcers of the law, are not immune to it, as detailed in Article 29 Paragraph (1) of Law Number 2 of 2002 and Article 2 of Government Number 3 of 2003, which places police members under the jurisdiction of the general judiciary. Premeditated murder, defined as an intentional act to deprive another person of life with prior planning, carries severe legal consequences. This crime not only results in the loss of life but also has profound economic impacts on the victim’s family, potentially forcing children to drop out of school to support their family. Despite their duties, police officers can commit serious crimes, including premeditated murder, which are considered extraordinary due to their knowledge of the law. Claude Pomerleau defines such crimes as planned, systematic, and often targeting specific groups. A notable case is the premeditated murder by former Head of Division Ferdy Sambo at his official residence on July 8, 2022, which shocked the Indonesian public. Sambo was dismissed without respect after violating seven codes of ethics, highlighting the severe repercussions for police members involved in such crimes. This study examines the juridical aspects of premeditated murder committed by police officers, emphasizing the importance of legal accountability and ethical conduct within the force.
Police Authority in Enforcing the Professional Code of Ethics Against Members of The National Police Who Commit Criminal Acts Azhari; Saiful Asmi Hasibuan
International Journal of Society and Law Vol. 2 No. 2 (2024): Agust 2024
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijsl.v2i2.136

Abstract

The Regulation of the Chief of the National Police of the Republic of Indonesia Number 14 of 2011 defines the Professional Code of Ethics for police officers, outlining norms for behavior and duties to ensure proper law enforcement, public order, and security. Despite this, there are significant challenges in maintaining ethical standards within the National Police, including instances of human rights violations, abuse of power, and other misconduct. Law Number 2 of 2002 describes the police's role in maintaining security and order, but violations by officers highlight issues in internal discipline and ethical enforcement. The Propam Division is responsible for overseeing police ethics and discipline. However, the enforcement process involves complex procedures, with disciplinary actions and criminal penalties often handled separately. Recommendations for sanctions come from the Police Code of Ethics Commission but are not always binding. This study, titled "Police Authority in Enforcement of the Professional Code of Ethics Against Members of the National Police who Commit Criminal Acts," explores the effectiveness of ethical enforcement and internal supervision within the police force. It emphasizes the need for stringent disciplinary measures and innovative practices to uphold professionalism and reduce violations, ensuring more effective law enforcement and greater public trust..
Co-Authors Adlin Andri Azhari