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All Journal JURNAL HUKUM MEDIA JUSTITIA NUSANTARA Journal of Law, Poliitic and Humanities
Nirmansyah, Sandy
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Limitations of Criminal Punishment for Corruption Criminal Act Article 2 and Article 3 of the Corruption Criminal Act are Linked to the Supreme Court Regulation Number 1 of 2020 (Case Study of the high Court Decision Semarang Number 22/PID. TPK/2020/PT. SMG Nirmansyah, Sandy; Wongso, Erni Suryani; Prayuti, Yuyut
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1689

Abstract

The issuance of Supreme Court Regulation Number 1 of 2020 concerning the Guidelines for Sentencing Article 2 and Article 3 of the Corruption Law, has given rise to pros and cons. The opposing opinion states that Article 2 and Article 3 of the Corruption Law, are sufficient to provide guidelines for sentencing so that there is no disparity in decisions, because both articles already regulate minimum and maximum sentences. The issuance of Perma No. 1 of 2020 is a form of intervention by the Supreme Court regarding the independence of judges in deciding a case. This is certainly contrary to Article 24 paragraph (1) of the 1945 Constitution. In addition, the issuance of Perma No. 1 of 2020 is also considered to have violated the principles in the formation of laws and regulations as regulated in Law Number 12 of 2011 concerning the Formation of Laws and Regulations. The decision of the Corruption Court which is the object of this research whose decision is guided by Perma No. 1 of 2020, such as the Decision of the Semarang District Court No. 41/Pid.Sus-Tpk/2020/PN.Smg, dated September 21, 2020, which has been canceled by the Semarang High Court Decision No. 22/Pid.Tpk/2020/PT.Smg,  dated December 7, 2020, because the state losses have been recovered, so that the Bandung High Court decision has fulfilled substantive justice. In addition, the Formation of Perma No. 1 of 2020 is legally flawed because there is no higher statutory regulation order and it was not made based on the authority of the Supreme Court
ANALISIS YURIDIS JUAL BELI TANAH DENGAN HAK MEMBELI KEMBALI YANG DIDAHULUI DENGAN PERJANJIAN PINJAM MEMINJAM SECARA LISAN (STUDI PUTUSAN MAHKAMAH AGUNG RI NO. 317 K/PDT/2020) Nirmansyah, Sandy; Yuyut Prayuti, Yuyut Prayuti; Arman Lany, Arman Lany
Jurnal Media Justitia Nusantara Vol 14 No 1 (2024): Februari 2024
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30999/mjn.v14i1.2965

Abstract

The purpose of this writing is to find out and analyze the sale and purchase of land with the right to repurchase and to find out and analyze the Supreme Court Cassation Decision No. 317 K/Pdt/2020, which recognizes buying and selling with the right to repurchase which is preceded by an oral loan. The research method used by the author is a normative research method, with a statutory regulation approach and a conceptual approach, and the data collection techniques used are literature study and interviews, with the research location at the Bale Bandung District Court Class I A. From the results of this research It was found that the sale and purchase of land with the right to repurchase, which is preceded by a loan or loan, is prohibited in judicial practice. The Supreme Court Cassation Decision No. 317 K/Pdt/2020, dated 26 March 2020, which granted the Plaintiff's claim, as well as legitimizing the sale and purchase with the right to repurchase, is a decision that lacks legal considerations, falls into the category of Onvoldoende Gemotiverd decisions, because it does not take into account other legal facts, such as the Plaintiff's admission that PPJB Deed no. 1064/2018, dated 18 April 2016, was made on the basis of a loan and loan between the Plaintiff and the Defendant
Co-Authors Arman Lany, Arman Lany Prayuti, Yuyut Wongso, Erni Suryani Yuyut Prayuti, Yuyut Prayuti