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All Journal Journal Customary Law Constitutum: Jurnal Ilmiah Hukum
Riswadi
Universitas Borobudur
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENERAPAN PASAL 378 KITAB UNDANG-UNDANG HUKUM PIDANA DALAM PENERBITAN BILYET GIRO KOSONG (STUDI KASUS PUTUSAN NOMOR 291/PID.B/2014/PN.YYK) Deby Mardina; Riswadi
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i1.1139

Abstract

Bilyet giro is a new type of securities compared to other securities by demand, is a book transfer order that functions as a means of payment. However, in practice there is often a fraud against the bilyet giro, which is often known as an empty bilyet giro, resulting in payment failures. the formulation of the problem in this study, is the application of Article 378 of the Criminal Code in Decision No. 291/Pid.B/2014/PN.Yyk. is in accordance with the applicable legal provisions, and what is the basis for the judge's consideration in making decisions against perpetrators of criminal acts of fraud that to be able to prove that the defendant is proven not guilty of committing a criminal act of fraud, where there must be elements in Article 378 of the Criminal Code for the crime of fraud, elements with the intention of benefiting oneself or another person against the law. While the basis for the judge's consideration in making a decision against the perpetrators of the crime of fraud in Decision No. 291/Pid.B/2014/PN.Yyk. stated that the defendant was proven to have committed the act as charged to him, but the act was not a criminal act as regulated in Article 378 of the Criminal Code. On the basis of the description of the elements of a criminal offense in the indictment, the Yogyakarta District Court rendered a decision free from all lawsuits against the defendant, the decision was given because the defendant was proven guilty after the examination process in court, but the act was not a criminal act as stipulated in Article 191 paragraph (2) Criminal Procedure Code.
PELAKSANAAN TUGAS DAN WEWENANG KOMISI PEMILIHAN UMUM KABUPATEN BEKASI PADA PENYELENGGARAAN PEMILIHAN UMUM TAHUN 2019 BERDASARKAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 TENTANG PEMILIHAN UMUM Yulianninda Rahayu; Riswadi
Constitutum: Jurnal Ilmiah Hukum Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/constitutum.v1i2.1324

Abstract

The Bekasi Regency KPU is an election organizing institution in the Bekasi Regency area which has repeatedly held elections, starting with the elections in 2004, 2009, 2014 and 2019. However, there are always problems in organizing these elections. Therefore, this research will discuss the implementation of the duties and authority of the Bekasi Regency KPU as well as the obstacles in holding the 2019 elections. This research uses normative and empirical juridical research methods. From the results of the discussion in the research, it can be concluded that the implementation of the duties and authority of the Bekasi Regency KPU in holding the 2019 elections starts from the registration and verification of election participants to the taking of the oath/promise of members of the Bekasi Regency DPRD. The implementation of these duties and authorities has been running well and in accordance with the provisions of Article 18, Article 19 and Article 20 of Law Number 7 of 2017 concerning General Elections and its implementing regulations. Obstacles in carrying out these duties and authorities include: there are still many problems with the Voter Data Information System (Sidalih) application, there are still 15 political parties submitting a list of candidates for Bekasi Regency DPRD members on the last day of the candidate submission period, and the slow process of sending the recapitulation plenary minutes by PPK at the sub-district level, especially South Tambun District.
Reconstruction of the Authority of General Court Judges in Filling Legal Vacuum as an Effort to Strengthen Legal Certainty and Substantive Justice Ismu Bahaiduri Febri Kurnia; Riswadi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5840

Abstract

In order to improve the balance between substantive justice and legal certainty in the Indonesian legal system, this study attempts to rebuild the power of general court judges to close legal gaps. In contrast to Article 24, paragraph 1 of the Republic of Indonesia's 1945 Constitution and Article 5, paragraph 1 and Article 10, paragraph 1 of Law Number 48 of 2009 concerning Judicial Power, judges have the normative legitimacy to investigate the legal values that exist in society rather than rejecting cases because the law is unclear or nonexistent. However, in practice, there are no systematic parameters regarding the limits of judicial discretion and methodological standards for legal discovery, thus potentially giving rise to inconsistencies and disparities in decisions. The study employs a normative juridical method with a statutory and analytical approach to examine normative construction, theoretical and practical problems, and formulate a model for reconstructing judges' authority based on the constitution, proportionality, and accountable legal arguments. The research findings indicate that more structured normative parameters and methodological guidelines must ensure that filling legal gaps remains within the framework of legislative supremacy and achieves substantive justice consistently and measurably.
Co-Authors Deby Mardina Ismu Bahaiduri Febri Kurnia Yulianninda Rahayu