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All Journal JUNCTO: Jurnal Ilmiah Hukum
Dao, Fiktorius Kehidupan
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Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis Terhadap Penjatuhan Putusan Kasasi Dalam Tindak Pidana Korupsi (Studi Putusan Nomor 4950 K/Pid.Sus/2023) Dao, Fiktorius Kehidupan
JUNCTO: Jurnal Ilmiah Hukum Vol 8, No 1 (2026): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v8i1.6712

Abstract

Corruption as an extraordinary crime causes multidimensional harm, including losses to state finances and the national economy. One high-profile corruption case examined by the Supreme Court is Decision Number 4950 K/Pid.Sus/2023 involving Surya Darmadi. This study aims to analyze the irregularities in the legal reasoning of the cassation judgment, particularly regarding the omission of liability for state economic losses. This research employs normative legal research using statutory, case, and analytical approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed using descriptive qualitative methods with deductive reasoning. The findings indicate that the cassation decision deviates from the judgments at the first instance and appellate levels, which had clearly imposed liability for state economic losses. The exclusion of such liability potentially weakens the principle of state loss recovery and undermines the objectives of sentencing in corruption cases.
Penerapan Persidangan Elektronik (E-Litigation) Dalam Penyelesaian Sengketa di Peradilan Tata Usaha Negara Dao, Fiktorius Kehidupan
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 2 (2025): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i2.6711

Abstract

The State Administrative Court (PTUN) is the judicial authority authorized to examine, decide, and resolve cases deemed to constitute state administrative disputes, including petitions related to the scope of the administrative court's jurisdiction. In line with advances in information technology and the demands of simple, expeditious, and low-cost judicial principles, the Supreme Court of the Republic of Indonesia has implemented an electronic-based judicial system through E-Court and E-Litigation. This study aims to analyze the application of electronic trials in dispute resolution at the PTUN and examine the validity of electronic evidence in court practice. The research method used is normative juridical law, utilizing statutory and conceptual approaches. The results indicate that the implementation of electronic trials at the PTUN has a sufficient legal basis, normatively, through Supreme Court Regulation Number 1 of 2019. However, in practice, obstacles remain, particularly related to the authentication and assessment of electronic evidence and limited internet network infrastructure in some regions. Therefore, strengthening the electronic evidence verification mechanism and improving infrastructure support are necessary to ensure the effectiveness and legal certainty in the administration of electronic-based state administrative courts.
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