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Fahrian, Yudi
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Evaluation Of The Decision Of The Palembang District Court Number 156/Pid.B/2024/PN.Plg From A Criminal Law Perspective In The Police Recruitment Process Mahendra, Yusuf Eka; Fahrian, Yudi; Agustina, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9505

Abstract

This research is entitled Evaluation of Palembang District Court Decision Number 156/Pid.B/2024/Pn.Plg From a Criminal Law Perspective in the Police Recruitment Process. This case is interesting to examine because it reflects legal irregularities in the recruitment process for prospective Polri members which should be carried out in a clean, transparent, accountable, and humane manner. The defendant, who is not part of the police institution, promised the victim that he could pass his child to become a Polri member in exchange for a sum of money that was ultimately not returned. The problem of this research is what form of criminal liability is applied and how the judge's considerations in the decision. This research uses a normative juridical method with a case study approach through a literature study that includes primary legal materials in the form of the Criminal Code, Police Chief Regulations, and court decisions, as well as secondary legal materials from literature and opinions of legal experts. The analysis is carried out qualitatively by describing legal facts, criminal elements, and relevant theories of criminal liability such as strict liability, responsibility, and accountability. The research results indicate that criminal liability is based on the principle of culpability, applying the theories of responsibility and accountability, as the defendant possesses the legal capacity to take responsibility and is proven to have committed the offense intentionally. The defendant was found guilty of Articles 372 and 378 of the Criminal Code concerning embezzlement and fraud, and the panel of judges sentenced him to two years and six months in prison. However, the judge should have considered Article 65 of the Criminal Code, which regulates the combination of crimes with similar penalties, thus requiring a sentence of four years and three months, along with an obligation to pay compensation to the victim. Furthermore, non-penal measures are also important, including public education using social media to ensure public awareness that recruitment into the Indonesian National Police (Polri) is free, and to encourage the police institution to be more transparent and decisive in prosecuting individuals involved, including dismissal and criminal proceedings. Therefore, this research is expected to contribute to strengthening legal justice, increasing recruitment transparency, and raising public legal awareness.
Criminal Liability In The Practice Of Premanism With The Modus Operandi Of Mass Organizations In Extortion Crimes According To Article 368 Of The Criminal Code Titi, Swara; Fahrian, Yudi; Agustian, Sakinah
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9508

Abstract

This study examines criminal liability in the practice of vigilantism that exploits community organizations (ormas) as a means or modus operandi for committing extortion as regulated under Article 368 of the Indonesian Criminal Code (KUHP). The research focuses on two main aspects: the form of criminal liability imposed on perpetrators who use the identity of ormas to commit extortion, and the factors that contribute to the prevalence of this phenomenon in society. The objective of this research is to comprehensively analyze the application of criminal liability to offenders from the perspective of national criminal law, as well as to reveal the underlying causes of vigilantism disguised under the cover of ormas. The research employs a normative juridical method with a statute approach, supported by literature review of legislation and legal scholarship. The findings indicate that extortion committed by individuals acting under the name of ormas fulfills the criminal elements stipulated in Article 368 of the KUHP, thereby placing primary criminal liability on individual perpetrators. However, if it can be proven that a legal entity benefits from and is involved in such extortion, then the ormas, as a corporation, may also be held criminally liable through the doctrine of corporate criminal liability. The persistence of this phenomenon is influenced by weak governmental oversight, low legal awareness among the public, and the misuse of organizational legitimacy. Addressing this issue requires a comprehensive strategy, including both repressive and preventive legal approaches, strict supervision of ormas activities, enhancement of public legal awareness, and revitalization of regulations concerning corporate criminal liability in cases of extortion.
Catcalling As A Form Of Verbal Abuse: Psychological Impact On Women In Public Spaces From The Perspective Of Law And Human Rights Oktavia, Putri; Fahrian, Yudi; Sasi, Kartika
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9510

Abstract

This study examines verbal harassment (catcalling) as a form of sexual violence that violates moral norms and creates feelings of discomfort and threat for victims. Article 5 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence regulates harassment, but does not explicitly include catcalling as verbal harassment. This study uses normative legal methods with a focus on analyzing legal rules and concepts. The results indicate that the implementation of Article 5 has not been optimal due to a gap between what should apply (das sollen) and the reality that occurs (das sein). The main obstacles include legal difficulties in proving the case, ineffective inter-agency coordination, and sociological factors such as stigma and victims' fear of reporting. To overcome these obstacles, clearer implementation guidelines, gender-sensitive training for law enforcement officers, victim- friendly reporting procedures, and increased public legal awareness are needed.
Implementation Of Law Number 22 Of 2022 On Corrections In Protecting The Rights Of Female Prisoners Rozali, M. Iqbal; Fahrian, Yudi; Yusi, Suryani
JURNAL HUKUM SEHASEN Vol 11 No 2 (2025): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v11i2.9513

Abstract

This study is entitled “Implementing Law Number 22 of 2022 on Corrections in the Protection of Women Prisoners' Rights” The focus of this study is the fulfillment of the rights of women prisoners who have biological, psychological, and social needs that differ from those of male prisoners, thus requiring special protection. Although Law No. 22 of 2022 and Government Regulation No. 32 of 1999 regulate the rights of inmates, practices in the field show many obstacles. The National Human Rights Commission report, for example, reveals that a number of women's correctional institutions in various regions do not provide psychological services, which is contrary to the provisions of the law. This study uses a normative legal approach with regulatory analysis, legal documents, and case studies to assess the implementation of Article 9 of Law No. 22/2022 in the rehabilitation of female prisoners. The results of the study show a discrepancy between progressive legal norms and practices in the field. Obstacles mainly arise from structural factors, resource constraints, and a lack of norms relevant to the specific needs of women. This study concludes that improvements in normative and structural aspects, supported by political support, resource distribution, and cross-party collaboration, are urgently needed to build a gender-sensitive correctional system that truly protects the rights of female prisoners.