p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal IBLAM Law Review
Van Frits Kapitan, Rian
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

TANGGUNG JAWAB PENYIDIK DAN PENUNTUT UMUM ATAS PUTUSAN BEBAS DAN LEPAS DARI SEGALA TUNTUTAN HUKUM DALAM TINDAK PIDANA KORUPSI Van Frits Kapitan, Rian
IBLAM LAW REVIEW Vol. 3 No. 2 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i2.186

Abstract

The purpose of this paper is to find out the responsibilities of investigators and public prosecutors for acquittals and release from all lawsuits in corruption cases. The research method used is normative juridical research which focuses on several approaches, namely the case approach, the conceptual approach and the statute approach. The author's conclusion regarding the responsibility of investigators and public prosecutors for acquittals and acquittals in corruption cases is that there is an indirect responsibility in which the state through the Minister of Finance is obliged to pay compensation for people whose corruption cases are acquitted or released from all lawsuits if there is a claim for compensation.
HARAPAN VS KENYATAAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PEMALSUAN SURAT Van Frits Kapitan, Rian; Cristian Rafael, Tontji
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.205

Abstract

National Police Chief Regulation Number. 8 of 2021 concerning Handling of Crimes based on Restorative Justice as if or implicitly can be applied in the process of investigating and investigating criminal acts of forgery of documents in Article 263 of the Criminal Code and Article 266 of the Criminal Code. Therefore, the issue analyzed in this paper is whether the National Police Chief's Regulation on Restorative Justice can be applied to terminate investigations and investigations into criminal acts of document forgery in Article 263 of the Criminal Code and Article 266 of the Criminal Code? The purpose of this article is to find out whether or not the National Police Chief's Regulation on Restorative Justice can be applied to stop investigations and inquiries into criminal acts of document forgery in Article 263 of the Criminal Code and Article 266 of the Criminal Code. The method used in this research is a normative juridical research method with several approach methods, namely the conceptual approach method and the statutory approach method. The conclusion obtained is that the criminal act of forgery of documents in 263 of the Criminal Code and Article 266 of the Criminal Code cannot be stopped and the investigation process uses the National Police Chief's Regulations on Restorative Justice based on several reasons. First, basically the criminal act of falsifying documents is a shame in se. Second, the serious threat of imprisonment for perpetrators of the crime of document forgery. Third, stopping the investigation is in direct conflict with Article 108 paragraph (2) of the Criminal Procedure Code. Fourth, the termination of investigations and investigations is contrary to the principle of dominis litiis. Fifth, the termination of investigations and inquiries cannot be carried out because the loss paradigm in the National Police Chief's Regulations is purely material loss. Sixth, the termination of investigations and investigations is very contrary to the principle of litis finiri opportet. Seventh, the termination of investigations and inquiries does not fulfill the material requirements of restorative justice in the National Police Chief Regulations.