Ongku Sapna Fella Hasibuan
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Sanctions Against Criminal Acts of Gambling on Skill Games Shooting Fish in the Legal Area of the Medan District Court Ongku Sapna Fella Hasibuan; Yasmirah Mandasari Saragih; Sumarno Sumarno; M. Yusuf Afandi; Efraim Abigail Bukit
International Journal of Sociology and Law Vol. 1 No. 3 (2024): August : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i3.112

Abstract

One of the gambling cases that was decided through the Medan District Court was the fish shooting gambling case, decision number 2452/Pid.B/2021/PN Mdn.Currently, many fish shooting games are found as gambling games in the community. The consequences of shooting fish gambling bring things that are not good financially and disrupt people's mindsets. The formulation of the problem that is made is How are the Sanctions in the Crime of Gambling Fish Shooting Game in the Medan District Court?, How is the Review of Criminal Law Against the Crime of Gambling Fish Shooting Game? This research uses normative research methods in the form of primary and secondary data sources which are then analyzed using descriptive analysis techniques with a deductive mindset. The results of the research are first, the decision of the District Court number 2452/Pid.B/2021/PN Mdn regarding the crime of gambling fish shooting agility games based on Article 303 Bis paragraph (1) 1 of the Criminal Code, which is to impose a prison sentence of 1 (one) year. ) year. Followed by the testimony of witnesses, defendants, evidence and considering things that are aggravating and mitigating for the defendant when determining the sentence of criminal sanctions.
Criminal Sanctions Fine For Corporations as Performers of Criminal Acts of Corruption From the Perspective of the Theory of Dignified Justice Ismaidar Ismaidar; T. Riza Zarzani; Ongku Sapna Fella Hasibuan
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.121

Abstract

Korganization in nation building is very significant. Corporations can be said to be pillars of the nation's economy. Corporations are very influential not only on economic aspects, but also social, political and other aspects. As time goes by, crimes committed by corporations arise. The Criminal Code which does not recognize corporations as legal subjects opens up opportunities for individuals to take advantage of this legal loophole. The regulations governing corporate responsibility currently in effect are considered less effective and efficient. Provisions that clearly regulate "corporate criminal liability" are still at the Draft Criminal Code stage. Based on the research results, it was found that the corporate responsibility system has several doctrines or theories in determining responsibility. These theories include "identification doctrine, aggregation doctrine, reactive corporate fault, strict liability and vicarious liability." This research aims to increase knowledge regarding criminal responsibility by corporations. This research supports the immediate ratification of the Draft Criminal Code as an answer to legal problems regarding criminal acts committed by corporations. The method used in this research is normative juridical, with data collection techniques namely literature study. The data obtained in this research comes from writings or scientific works in the form of books, journals, dissertations and other literature.
Legal Protection of Children Involved in Crime of Terrorism Prananta Garcia Ginting; Yasmirah Mandasari Saragih; Mhd. Azhali Siregar; Ongku Sapna Fella Hasibuan; Daniel Edward H Situmorang
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.147

Abstract

Terrorism is a crime related to humanity accompanied by serious threats that have an impact on the integrity and sovereignty of a country. In Indonesia itself, criminal acts of terrorism are a serious problem. Because in their implementation they not only involve adults but also involve children who do not know or understand anything about terrorism. Children as victims of criminal acts of terrorism really need legal protection so that these children can get their rights back. The research method used in this paper uses normative legal research methods. Meanwhile, the technique for collecting legal materials is carried out by conducting a literature study of secondary legal materials. Then, based on legal theories, it is analyzed qualitatively to obtain conclusions from the problem formulations that have been determined. This research aims to find out the process of handling children involved in criminal acts of terrorism and to find out what form of legal protection is given to children involved in criminal acts of terrorism. The results of this research indicate that the process of handling children involved in criminal acts of terrorism is carried out by implementing the Juvenile Criminal Justice System with the conceptrestorative justiceand children will receive protection from violence and discrimination, namely guaranteeing the protection of children's rights to live, grow, develop and participate optimally in accordance with human dignity.