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All Journal JUDGE: Jurnal Hukum PESHUM
Ernu Widodo
Universitas Dr Soetomo Surabaya
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Penegakan Hukum Terhadap tersangka Tindak Pidana Pencurian Kelapa Sawit Di Kabupaten Kotawaringin timur (Studi Kasus Putusan Nomor: 286/Pid.Sus/2025/PN Spt) Bagus Muhammad Ramadhan; Yoyok Ucuk Suyono; Ernu Widodo
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 3: April 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i3.15989

Abstract

The increasing number of palm oil theft cases in the jurisdiction of the Kotawaringin Timur Police Resort from January to October 2025 has become the background of this study. This research aims to analyze the law enforcement process against suspects involved in palm oil theft and to identify the factors influencing its implementation based on Decision Number: 286/Pid.Sus/2025/PN Spt. This study employs normative legal research with a case study approach. The analysis is conducted using descriptive qualitative methods based on primary legal materials, including Law Number 1 of 1946 concerning the Indonesian Criminal Code and Law Number 39 of 2014 concerning Plantations, supported by secondary and tertiary legal materials. The results show that law enforcement against palm oil theft suspects in Kotawaringin Timur Regency has been implemented through the application of Article 362 of the Criminal Code and Article 107 letter (d) of Law Number 39 of 2014 concerning Plantations, where the legal elements of the offense have been fulfilled. Several factors influence the effectiveness of law enforcement, including legal regulations, the capacity of law enforcement officers, limitations in facilities and infrastructure, the level of community legal awareness, and cultural perceptions that sometimes consider palm oil harvesting acceptable under customary beliefs.
Penegakan Hukum Tindak Pidana Gratifikasi Yang Dilakukan Oleh Pegawai Imigrasi Nadila Sekar Ayu; Subekti Subekti; Ernu Widodo
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 5 No. 3: April 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v5i3.15995

Abstract

This research aims to analyze the regulation and law enforcement of gratification offenses committed by immigration officers as state administrators within the framework of Indonesian anti-corruption law. Gratification is regulated under Article 12B of Law Number 31 of 1999 as amended by Law Number 20 of 2001 and is constructed as a formal offense, meaning that receiving gratification related to one’s official position and contrary to official duties constitutes a criminal act without requiring proof of state financial loss. This study employs normative legal research using statute and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources analyzed qualitatively. The findings indicate that the regulation of gratification provides a clear legal basis for holding immigration officers criminally liable. However, challenges remain in interpreting elements such as “related to official position” and “contrary to official duties,” as well as in the reporting mechanism. Therefore, consistent enforcement and comprehensive normative understanding are necessary to ensure legal certainty and integrity in public administration.
Co-Authors Bagus Muhammad Ramadhan Nadila Sekar Ayu Sonia Jihan Adella Subekti Subekti Wahyu Prawesthi Yoyok Ucuk Suyono