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Hariz Hamdallah, Muhammad Andika
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Law, Crime, Criminology & Criminal Justice

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PERANAN VISUM ET REPERTUM YANG DI BUAT OLEH DOKTER NON FORENSIK SEBAGAI ALAT BUKTI DALAM TINDAK PIDANA PENGANIAYAAN (Studi Kasus Putusan Nomor 1180K/Pid/2014): Kurniawan admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.30

Abstract

Vindication in a criminal act of persecution by the investigators needed help experts namely doctors of justice (forensic) or other doctors to perform Visum Et Repertum toward patients or sacrifice. The purpose of the forensic examination in the case of abdominal ulceration is to know the type of wound, type of violence and the degree of the wound. Cases of criminal act such as the persecution is one of the examples of cases where the investigators very need assistance experts, including medical experts of justice (forensic doctors). In practice Visum Et Repertum does not only issued by the forensic doctor or specialist doctors medicine judicial authority only, but also issued a doctor non forensic. Approach method used in this bachelor theses is the normative research method, which researchers discuss the theories in science literature skunder. This research aims to find out whether Visum Et Repertum made by the doctor non forensic can be used as evidence in the criminal procedural law in Indonesia, How the role of the Visum Et Repertum made by non doctors as evidence forensic act of persecution in the decision (No. 1180 K/Pid/2014), and how an overview of Islamic law menngenai evidences. From the results of research can be deduced that in the Decree of the Minister of Justice No M. 01.PW.07-03 1982 about KUHAP Guidelines in explaining the Article 133 paragraph (2) about perbendaan Visum Et Repertum results issued by the forensic doctors and doctors non forensic, in the explanation to the information from the doctor is not an expert in medicine of justice (non-doctors) forensic as a ketereangan experts but the description itself can be an indication and that the instructions are valid evidences. And the making of Visum done non doctors as there are forensic verdict MA No. 1180 K/Pid/2014 needed re-examination by the doctor forensic as Medicolegal Field (consultant medical science and knowledge of the law to have a high value Visum results that made the doctor non forensic.
PERLINDUNGAN HUKUM TERHADAP KURATOR DALAM MENJALANKAN TUGAS DEMI KEPENTINGAN HARTA PAILIT DENGAN MELAKUKAN GUGATAN ACTIO PAULIANA (STUDI PUTUSAN PRAPERADILAN NOMOR 89/PID/PRAP/2016/PN.JKT.SEL): Larmi Kristiani admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.31

Abstract

The curator is a party appointed by law through the decision of the Panel of Judges of the Commercial Court at the District Court in a bankruptcy case to administer bankrupt assets. In Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Curator is in charge as far as possible to add the debtor's bankrupt assets to the benefit of Creditors, but in carrying out these duties, the Curator can be criminalized by the Creditors and the Debtor itself. The Bankruptcy Law and PKPU have not provided guarantees of legal certainty and protection for curators when carrying out their duties. This study aims to examine the legal protection of curators who carry out their duties in the interests of bankrupt assets by filing a lawsuit actio pauliana and to find out and assess the legal risk if the actio pauliana lawsuit results in the criminalization of curators (Study of Pre-Court Decision Number 89 / Pid / Prap / 2016 / PN.Jkt.Sel). This research method is normative juridical. The conclusion of the study shows that: 1. The law provides protection to the Curator through Article 50 of the Criminal Code, namely that anyone who commits an act to implement the provisions of the law, is not convicted. Article 16 of Law Number 18 Year 2003 concerning Advocates, because the Curator is also an Advocate, states that advocates cannot be prosecuted both in civil and criminal manner in carrying out their professional duties in good faith for the benefit of client defense inside and outside the court session. This is in accordance with the right of judicial review of the provisions of Article 16 of the Law on Advocates in the decision number 26 / PUU-XI / 2013. Article 16 of the Advocate Law contradicts the 1945 Constitution and does not have binding legal force insofar as it is not interpreted, advocates cannot be prosecuted either in civil or criminal manner in carrying out their professional duties in good faith for the benefit of client defense inside and outside the court session. With this provision, actually the legal protection has been obtained by the Curator who is actually an Advocate. Types of legal protection are repressive legal protection aimed at resolving disputes. Efforts to obtain legal protection were carried out by the PT Metro Batavia Curator Team by submitting a pretrial application registered with Number 89 / Pid / Prap / 2016 / PN.JKT.SEL. 2. In connection with this task, the Curator Team filed an Actio Pauliana lawsuit against Yudiawan Tansari. Of course without risk and one proof of the risk with the claim of actio pauliana, is that the Curator Team was made a suspect because it was considered to violate Article 263 of the Criminal Code.
ANALISA YURIDIS TERHADAP PENERAPAN GENTLEMAN AGREEMENT DALAM KERJASAMA USAHA (STUDI KASUS: 188/PDT.G/2017/PN.SMN): Rama Kresna Prasetya admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.32

Abstract

Agreements are activities that are common in people's lives to carry out activities related to buying and selling, lending and borrowing, work agreements and so on. Agreement can be in oral form and can be in written form. Oral agreements are usually born because they only require an agreement between the parties, which is used by a simple society, whereas written agreements are usually born in relatively modern societies relating to businesses whose legal relationships are more complex. As for the problems in this study, namely regarding legal protection of the parties who have bound themselves in the agreement and want to be canceled by a third party. Therefore this study also aims to find out about the legal protection provided by the Criminal Procedure Code to the parties who make an agreement in good faith. This research method uses the normative method, which focuses research on legal principles and examines and examines written regulations, in terms of knowing the binding force in the agreement. The conclusions of this study are: 1. The legal strength of the Gentleman Agreement, that the KUHPer has provided legal protection to all parties who made an agreement or an agreement based on good intentions. The legal strength of a gentleman agreement lies in the validity of the binding basis used by the parties that made it, because the positive law that exists does not provide restrictions regarding a business agreement must be made and stated in written form, except certain agreements stipulated in the law other laws which are derivatives or lex specialis from KUHper. An oral agreement or better known as a gentleman agreement as long as it is made on the basis of good intentions and remains in the corridor of Article 1320 of the Indonesian Criminal Code, the oral agreement has the same legal force because it has acted as a law for the parties that made it based on Article 1338 of the Indonesian Criminal Code or that better known as the principle of pacta sunt servanda. 2. The verification process on the gentleman agreement is basically that the Criminal Code does not specifically stipulate that the agreement must be made black and white.In an unwritten agreement, proof of an agreement between the parties is the main objective in seeking formal truth. In practice, those who want to prove that an agreement has been made on an unwritten agreement is to submit witnesses who are considered to have known, witnessed and heard the incident firsthand. In the process of listening to witness testimony, the parties still adhered to the principle of Unus Testis Nullus Testis, that is, the statement of one witness is not enough, and must be added with other evidence. The legal force between an unwritten and written agreement is equally strong. Oral agreement even if it is not written in written form, but if the agreement is based on good faith and has fulfilled the main elements of the applicable agreement, then the agreement is legal, and has binding legal force
UPAYA HUKUM TERHADAP SURAT KEPUTUSAN MENTERI HUKUM DAN HAK ASASI MANUSIA TENTANG PENETAPAN PARTAI POLITIK (STUDI PERSELISIHAN KEPENGURUSAN PARTAI GOLKAR): Aryo Wirro Bimo Herdianto admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.33

Abstract

The Ministry of Law and HAM is authorized to execute Administrative Law. As set forth in Article 4 paragraphs 1-4 of Law No. 2 of 2011 on changes to Law No. 2 of 2008 on the Political Party which reads: “(1) The Ministry receives the registration and research and / or verification of equipment and truth as referred to in Article 2 and Article 3 paragraph (2); (2) The review and/or verification as referred to in paragraph (1) shall be undertaken at least 45 (forty-five) days after receipt of the complete requirements document; (3) The endorsement of the Political Party into a Legal Entity is made with the decision of the Minister at least 15 (fifteen) days after the end of the research and / or verification process; (4) The Minister's decision on endorsement of the Political Party as referred to in paragraph (3) shall be announced in the State of the Republic of Indonesia. However, the fact that Kemenkumham did not carry out its duties in accordance with Law No. 2 of 2011 on changes to Law No. 2 of 2008 on the Political Party. In the case of the Golkar party dispute, the government intervened in the ruling Golkar party, as the Decree issued by the Minister of Justice and HAM had no clear legal basis. Decree issued by the Minister of Justice and Human Rights confirming the ruling of the Laksono golkar party on the basis of the judgment of the Golkar party Court. While the Golkar Party Court itself, as the Internal Authority dealing with the case of the Golkar Party's dispute, has not ruled that the ruling of the Laksono Supreme Court is legitimate, but the content of the verdict is that the Golkar Party Court has not endorsed both (Laksono and Aburizal Bakrie's stronghold) due to differences of opinion and disagreements between the Golkar Party court and ordered that the case be brought to the State Court.
PERALIHAN JAMINAN MELALUI SUBROGASI DALAM PERJANJIAN KREDIT MENURUT UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH: Cecep Supriyatna admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.34

Abstract

This study has the following objectives: (a) To obtain an explanation of the dispute resolution of collateral transfer through subrogation in a credit agreement; (b) To provide an overview of the legal protection of creditors on transfer of guarantees through subrogation;. The methods used is the normative yuridical. Research Results, (a). In the Subrogation process, the Bank will submit a Claim to the Guarantee Institution that covers the Credit Facility with the conditions specified in the cooperation agreement between the Secured Party and the Guarantee Institution. When the first payment occurs by the Debtor since the Claim is paid by the Guarantee Agency, Subrogation occurs; (b). Legal protection for creditors on transfer of collateral through subrogation in a credit agreement, whereby the Bank is a creditor that can be harmed due to default by the debtor by means of giving measured power in accordance with clear laws and regulations. Creditors have Claim Rights and Credit Rescue efforts as Legal Protection for Banks in Credit Settlement Through Subrogation
PERLINDUNGAN HUKUM BAGI NASABAH PERBANKAN BERDASARKAN STANDAR LAYANAN DI PT.BANK NEGARA INDONESIA (PERSERO) TBK: Asiana Granadia Dyah Buwana admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.35

Abstract

transactions at banks. The customer as the main actor in banking transactions has the right to be served well without any difference or discrimination from one customer to another. If one customer is not satisfied with the service of one of the Bank's officers namely the Security Guard, the customer has the right to submit his complaint to the Head of the Bank. The purpose of this study was to determine the legal protection of BNI customers based on banking service standards and to find out the standard BNI service procedures for customers in accordance with the Banking Act. This study uses a normative juridical approach. Conclusions: 1. PT Bank Negara Indonesia (Persero) Tbk has protected its customers by issuing Company Guidelines for resolving customer complaints, and banking service standards. This can be seen from the availability of Company Guidelines in order and detail in each flow of the process of handling and settling customer complaints which are then equipped with SOP (Standard Service Procedure) for each BNI officer, namely the service standards for Security Guard, Teller and CSO officers and Outlet Leaders. 2. Rules regarding Customer Service Standards at PT Bank Negara Indonesia (Persero) Tbk, are in accordance with: a) Law of the Republic of Indonesia Number 8 concerning Consumer Protection.
PELAKSANAAN PEMBAGIAN HARTA WARISAN TERHADAP AHLI WARIS PENGGANTI MENURUT HUKUM ISLAM DAN HUKUM PERDATA: Hilman Ajie Indra admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.37

Abstract

The result of his research is that the position of heir substitute according to Islamic law has been explained in Article 185 paragraph (2) Compilation of Islamic Law which states "The part of the substitute heir may not exceed the heirs of equal heirs. The position of substitute heirs according to civil law is stated in Article 832 of the Civil Code which states that "According to the law, the right to be an heir is a blood family, both lawful and out of wedlock, and husband or the wife who lives the longest, according to the following rules. If the blood relatives and the husband or wife who live the longest are not present, then all inheritance becomes the property of the state, which is obliged to pay off the debts of the deceased person, insofar as the inheritance price is sufficient for that ”; (b). The formulation of Article 185 paragraph (1) that uses the phrase "can be replaced" raises the uncertainty of the appearance of substitute heirs. The word "can" contains an understanding that is facultative or tentative so that it can be interpreted as an heir that may be replaced and some may not be replaced. In Article 841 of the Civil Code, it is stated that "Replacement gives the right to someone who changes, to act as a substitute, in the degree and in all rights of the person who is replaced"; and (c). In Islamic Law, the distribution of inheritance to substitute heirs has been explained in Article 174 paragraph (1) letter a stating that the substitute heirs will get a portion of the portion of the heirs who are replaced. Al-Qur'an has also been clearly explained and stated in Surah An-Nisa verse 33 which states that "For each inheritance from the assets left by the mother of father and close relatives, we make the heirs-heirs. And (if any) people who have sworn their loyalty to them, then give them their share. Verily Allah witnesses everything. As stipulated in Articles 842, 844 and 845 of the Civil Code, from the first event (Article 842 and 844 of the Civil Code) there are in the Civil Code, and the third event (Article 845 of the Law Civil Code) is an addition.
ANALISIS TINDAK PIDANA KORUPSI DALAM PENGADAAN BARANG DAN JASA OLEH PEMERINTAH (KASUS PENGADAAN VIDEOTRON; PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR : 36/PID.SUS/TPK/2014/PN.JKT.PST.): Rahimah admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.38

Abstract

The criminal act of procurement of videotron in this case, Decision Number: 36/PID.SUS/TPK/2014/PN.JKT.PST. This study aims to determine the legal arrangements for the application of criminal sanctions under special minimum threats in cases of criminal acts of corruption in the procurement of goods and services by the government and to find out the basis of judges' considerations to apply sanctions of corruption in the procurement of goods and services by the government. The research method used is the yuridical normative. The conclusion of this study shows that positive legal arrangements regarding the application of criminal sanctions under a special minimum threat in cases of criminal acts of corruption in the procurement of goods and services by the government Based on Decision Number: 36/PID.SUS/TPK/2014/PN.JKT.PST. note that firstly, regulated and threatened with criminal offense in the Subsidair indictment: Article 3 jo. Article 18 Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption, as amended by Law Number 20 of 2001 concerning Eradication of Corruption Jo. Article 55 paragraph (1) 1 of the Criminal Code. As well as convicting the defendant with imprisonment for 2 (two) years and 6 (six) months reduced for the duration of the defendant's detention with the order that the defendant remain detained in detention and a criminal fine of Rp. 50,000,000 (fifty million rupiahs) in 6 (six) months confinement. Secondly, the basic considerations of judges to apply unfair sanctions of Article 2 paragraph (1), because Defendant Hendra Saputra is actually a tool used by witness Riefan Avrian in fulfilling his intention to participate in and win Videotron procurement work at the Ministry of Cooperatives and Small Medium Enterprises Building RI in 2012.
PELAKSANAAN DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM PADA PROSES PENYIDIKAN MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK: Qurota Aini admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.39

Abstract

Parents, environment, and state apparatus must protect children by protecting them rights as child because in essence child can not protect themself form a crime.One way to protect the rights of a child is by seeking Diverstion through a Restorative approach. Diverstion is the transfer of the settlement of a child case from criminal justice process to a process outside of criminal justice. While Restorative Justice is the settlement of criminal case involving perpetrators, victims, families of perpetrators / victims, and related parties to jointly seek a fair settlement by emphasizing restoration back to the original state not retaliation. Divertion in this undergraduate thesis is at the level of investigation. The implementation of this version of the investigation is not easy, many obstacles occured in the field. The method used in this study is the normative juridical research that emphasizes the use of legal norms in writing and supported by interviews with resource persons and informants. The results of research and analysis can be concluded that Divertion is one way to realize Restorative Justice. Divertion is not run against serious criminal offenders whose criminal threats are above 7 (seven) years. Implementation Divertion experiencing barriers both internally and externally. Divertion with Restorative Justice approach is in line with qishash-diyat principle.
PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL (WELL-KNOWN) DI INDONESIA: Citra Rosa Budiman admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 23 No 1 (2019): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v23i1.54

Abstract

In Indonesia today there is still a violation of the brand in business activities carried out ranging from street vendors to inside the mall. The first problem is how to protect the law for well-known or well-known brands in Indonesia? and second, how is Indonesia's role in upholding intellectual property law in the international world? The purpose of this research is to find out the legal protection arrangements for well-known or well-known brands in Indonesia and to know the legal politics of criminal violation of famous brands in Indonesia. Its usefulness is to provide information on legal protection arrangements for well-known or well-known brands in Indonesia and to know the legal politics of criminal violation of well-known brands in Indonesia. The research method is normative legal research. The results of the study show that in the TRIPs Agreement, infringement of well-known marks is implicitly regulated in the provisions of Article 16 paragraph (3) of the TRIPs Agreement and Article 6 paragraph (2) of Law No. 15 of 2001 concerning Marks which regulate the protection of famous marks on goods and / or services which are not of the same type. The conclusion is that legal protection for well-known or well-known brands in Indonesia has been regulated in Law No. 15 of 2001 concerning Trademarks and Approval of TRIPs and in the enforcement of intellectual property law in the international world Indonesia is a member of the WTO (World Trade Organization) Agreement and has ratified it in Law No. 7 of 1994, which has made Indonesia automatically bound to the TRIPs Agreement.
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