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Rian Prayudi Saputra
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INDONESIA
Jurnal Pahlawan
Published by Universitas Pahlawan Tuanku Tambusai
ISSN : 26155583     EISSN : 26155583     DOI : https://doi.org/10.31004/jp.v4i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Pahlawan aims to Facilitate Scientific Discussions about the Latest Developments in Legal Issues in Indonesia and to Publish Innovative and Modern Legal Research on Law. The Focus and Scope of this Journal Are Legal Issues in the Field of Criminal Law, Civil Law, State Administrative Law, State Administrative Law, Business Law, International Law, Islamic Law, Customary Law and Philosophy of Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 82 Documents
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EFEKTIFITAS PENERAPAN PIDANA MATI DALAM PERSPEKTIF TINDAK PIDANA KORUPSI DI INDONESIA Prayudi Saputra, Rian
Jurnal Pahlawan Vol. 5 No. 2 (2022): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v5i2.12428

Abstract

The death penalty in Indonesia has basically been introduced and listed in the Criminal Code, which is contained in the first book of Rules Chapter II Article 10 concerning crimes. The death penalty is basically a classic form of punishment, which is assumed to be a form of punishment capable of deterring perpetrators who commit crimes. There is only 1 (one) article regulating the death penalty in the Corruption Crime Law, namely Article 2 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption Crimes. In the elucidation of Article 2, what is meant by "unlawfully" includes acts against the law in the formal sense as well as in the material sense, that is, even though the act is not regulated in Legislation, if the regulation is considered disgraceful because it is not in accordance with a sense of justice and the norms of social life that exist in society, then the act can be punished. Furthermore, what is meant by "certain circumstances" in this Article are circumstances that can be used as a reason for criminal prosecution of perpetrators of corruption, namely if the crime is committed against funds earmarked for disaster response, national natural disasters, riot response widespread social affairs, overcoming economic and monetary crises, as well as overcoming criminal acts of corruption. When compared with the provisions for the death penalty contained in the Law on Narcotics, the provisions for the death penalty in the Corruption Crime Law are far from perfect, even though corruption crimes and narcotics crimes are both extraordinary crimes (extra ordinary crime).
PENEGAKAN HUKUM TINDAK PIDANA PENCURIAN KENDARAAN BERMOTOR BERDASARKAN PASAL 362 KUHP DI WILAYAH KEPOLISIAN RESOR KAMPAR Affan, Kharul; Saputra, Rian Prayudi; Firmanto, Fakhry
Jurnal Pahlawan Vol. 5 No. 2 (2022): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v5i2.12560

Abstract

Law enforcement is an attempt to express the moral image contained in the law. The rise of motor vehicle theft that is growing, strategic locations and the ease of committing the crime of motor vehicle theft, and the difficulty of finding evidence of perpetrators by investigators make the crime of motor vehicle theft increasingly attractive to criminals. The formulation of the problem in this study is how to enforce the law on the crime of motor vehicle theft and what are the obstacles and how to enforce the law on the crime of motor vehicle theft. The research used is empirical research. The results of the study found that law enforcement on the crime of motor vehicle theft was carried out by following up on reports from victims of theft through the SPKT which then made a BAP which then carried out an investigation and when it was complete the investigator handed over the suspect to the police and if it was not known or found, further investigation was carried out and a DPO letter was made . Internal constraints faced include inadequate facilities and infrastructure, disconnected information networks, inadequate police officers, and lack of budget support. Preventive efforts are urging the public to be more careful, giving advice not to park vehicles carelessly and giving double keys. His repressive efforts carried out further investigations to uncover other perpetrators of motor vehicle theft. Keywords: Crime, Theft, Motor Vehicles
LEGALITAS KONTRAK PERDAGANGAN SECARA ELEKTRONIK DITINJAU DALAM KITAB UNDANG-UNDANG HUKUM PERDATA Fakhry Firmanto; Hafiz Sutrisno; Aminoel Akbar Novi Maimory
Jurnal Pahlawan Vol. 6 No. 1 (2023): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this study is to understand and know about the legality of electronic trade contracts in the Civil Code and the legal consequences if the electronic trade contracts are made illegally. The research method used in this paper is a normative legal research method with a statutory and conceptual approach. The results of this paper show that the legality of electronic commerce contracts is contained in the provisions of Article 1320 of the Civil Code, namely the agreement of the parties; the ability of the parties to do legal actions; a certain subject matter; and a non-prohibited cause and legal consequences if an electronic trade contract or e-contract is invalid is null and void by law if it is not in accordance with the provisions of Article 1320 of the Civil Code.
KLAUSULA BAKU DAN TANGGUNG JAWAB PEMERINTAH DALAM RANGKA PERLINDUNGAN KONSUMEN PADA PERDAGANGAN SECARA ELEKTRONIK Yuli Heriyanti; Ahmad Zikri; Miswar
Jurnal Pahlawan Vol. 6 No. 1 (2023): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Humans present on earth have actually been equipped with knowledge by the creator. The knowledge that humans get is used as a helping tool for survival. Electronic commerce requires business actors to innovate and be creative so that consumers are interested in shopping at their online shop. In addition, electronic trading also requires business actors to make rules and conditions that apply to legally bind and protect such trade. The rules that are made should be able to bind the parties carrying out e-commerce. What needs to be known is that engagements that occur in e-commerce are not only between business actors/producers, but also consumers and other parties who act as senders of goods known as expeditions. The development of online trading/e-commerce requires that business actors also apply applicable rules in order to protect the rights and obligations of the parties in electronic trading or e-commerce. Keywords: Consumer Protection, Electronic Trading
OPTIMALISASI PEMBERANTASAN KORUPSI DI INDONESIA Sitorus, Regina Syafriani Boru; Watonnah, Watonnah; Dewi, Ayu Efrita; Widiyani, Heni
Jurnal Pahlawan Vol. 6 No. 2 (2023): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v6i2.22810

Abstract

Action to eradicate corruption must be carried out comprehensively, integrally and holistically The commitment of law enforcement officials to consistently enforce the law and integrated is very important to ensure fair prosecution, provide legal certainty, and benefit the community This step will be carried out by imposing the most severe sanctions on perpetrators of corruption, including criminal sanctions with provisions for social sanctions, fines, compensation in the form of money, and return of evidence related to money laundering (TPPU) This not only increases the trust of citizens, This not only increases the trust of citizens, investors, and national pride, but also provides a deterrent effect, prevents potential perpetrators of corruption, optimizes the return of funds to the state and its people, and provides other positive impacts Corruption in Indonesia is a major obstacle to national economic development The government implements various strategies to eradicate corruption in Indonesia, but if one of them occurs, it will add 1000 more cases of corruption and spread it to various fields of life. Keyword : eradicating corruption enforcement corruption
KAJIAN KOMPARATIF TENTANG CUTI PRESIDEN PETAHANA PADA KAMPANYE CALON PRESIDEN MENURUT UU RI NOMOR 42 TAHUN 2008 TENTANG PEMILU PRESIDEN DAN WAKIL PRESIDEN DENGAN UU RI NOMOR 7 TAHUN 2017 TENTANG PEMILU Hendra Permadi; Hafiz Sutrisno; Yuli Heriyanti
Jurnal Pahlawan Vol. 5 No. 1 (2022): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v5i1.24341

Abstract

This study discusses the arrangement of the incumbent President's leave between Law Number 42 of 2008 concerning the General Election of the President and Vice President and Law Number 7 of 2017 concerning General Elections, and laws that have principles and a sense of justice according to the Constitution of the State. Republic of Indonesia in 1945. The purpose of this study is to determine the difference between the leave arrangements for the incumbent presidential candidate in the 2009 and 2019 presidential elections and the fairness between the two arrangements. This type of research is normative research. There are differences and similarities in the arrangements for the incumbent's leave, namely the legal basis, implementation, the flexible nature of the rules, the duration of leave, and the ability of the incumbent President-Vice President candidate to take leave simultaneously. Law Number 7 of 2017 provides space for incumbent candidates to be flexible in carrying out their responsibilities and duties and to give campaign time on holidays without leave, principles and a sense of justice according to the 1945 Constitution of the Republic of Indonesia are contained in Law Number 7 of 2017. Keywords : Comparative Study, Incumbent Presidential Leave, Campaign, Presidential Candidate, Justice.
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DAN ANAK-ANAK YANG MENJADI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (Studi Terhadap UU No. 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual) Shapira, Kania; Anggraeni, Siti Wulan; Rossa, Reva Della; Chairunnisa, Chairunnisa; Fauziah, Alfiah Farhah; Febrianty, Yenny
Jurnal Pahlawan Vol. 6 No. 2 (2023): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v6i2.24363

Abstract

The passing of Law No. 12 of 2022 on the Crime of Sexual Violence on May 9, 2022, became an umbrella of positive legal protection against sexual violence experienced by women and children as the majority of victims of sexual violence. The Ministry of Women's Protection and Child Protection noted that as many as 25,050 women were victims of sexual violence in 2022. The birth of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence is a perfection of previous laws and regulations with the same substance so as to protect and guarantee the rights of victims of sexual violence. This study aims to determine the effectiveness of the implementation of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence in tackling cases of sexual violence crimes, especially against women and children. The method used in this research is normative-empirical law by including secondary data from literature studies and primary data obtained directly from the general public through questionnaires. The conclusion obtained is that Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence has not been implemented effectively because there are still many cases that experience obstacles to justice. Keywords: Children, Crime, Sexual Violence, Women
PENYELESAIAN SENGKETA BISNIS EKSPOR IMPOR TERHADAP WANPRESTASI PERJANJIAN JUAL BELI KOPI ANTARA KOPERASI PEDAGANG KOPI (KOPEPI) KETIARA DENGAN ROYAL COFFEE Shapira, Kania; Anggraeni, Siti Wulan; Rossa, Reva Della; Chairunnisa, Chairunnisa; Fauziah, Alfiah Farhah; Wijaya, Mustika Mega
Jurnal Pahlawan Vol. 6 No. 2 (2023): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v6i2.24364

Abstract

The buying and selling process can be established by parties (sellers and buyers) from various countries, this can be referred to as international business. In the implementation of this international business process, an international agreement can be made, which is also known as an export-import agreement. So that it will cause legal consequences that bind the parties involved in the agreement. Legal consequences arise in the form of rights and obligations that must be fulfilled by the parties. As in the import-export agreement between the Ketiara Coffee Traders Cooperative (KOPEPI Ketiara) from Takengon, Central Aceh Regency with Royal Coffee from the United States. However, in its implementation there is a civil dispute in the form of default on the export-import agreement that has been made. The method used in this research report is normative law, with library approach techniques. The theories used in this research are agreement theory and effectiveness theory. The conclusion obtained in this research is that the exporter and importer continue to perform their obligations but not on time and the parties agree to resolve the dispute through non-litigation by negotiation. Keywords: Agreement, Default, Dispute Resolution, Sale and Purchase
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENCURIAN YANG DILAKUKAN ANAK DI BAWAH UMUR DALAM PUTUSAN PENGADILAN NEGERI BANGKINANG KELAS IB NOMOR: 8/PID.SUS/ANAK/2019/PN.BKN Pardi, Ahmad; Syahrial, Syahrial; Saputra, Rian Prayudi
Jurnal Pahlawan Vol. 5 No. 1 (2022): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v5i1.24658

Abstract

Child protection is an effort to provide conditions where every child can carry out his rights and obligations. Judging from the age level, criminal acts that occur in society are not only committed by the adult age group. But those who are children often commit criminal acts. The formulation of the problem in this study is whether there is legal protection for minors as perpetrators of the crime of theft in decision number: 8/pid.sus/anak/2019/pn.bkn and analysis of evidence for the judge's consideration in the trial of Decision Number: 8/Pid.Sus/Children/Pn.No. The method used is normative juridical. The results obtained are the implementation of legal protection against perpetrators of criminal acts of theft committed by minors. As well as what kind of protection will be given to perpetrators of criminal acts of theft by minors. The second is that cases involving children, especially in Decision Number: 8/pid.sus/anak/2019/pn.bkn, are better resolved out of court because the nominal value of the goods taken is only small in the Circular Letter of the Supreme Court concerning losses below 2.5 million cannot be held according to Supreme Court Regulation Number 2 of 2012. Keywords: Juridical Review, Crime of Theft, Children
PELAKSANAAN PEMBINAAN TERHADAP NARAPIDANA WANITA DI LEMBAGA PEMASYARAKATAN KELAS IIA BANGKINANG BERDASARKAN PERATURAN PEMERINTAH NOMOR 31 TAHUN 1999 TENTANG PEMBINAAN DAN PEMBIMBINGAN WARGA BINAAN PEMASYARAKATAN Hasanah, Uswatun; Firmanto, Fakhry; Maimory, Aminoel Akbar Novi
Jurnal Pahlawan Vol. 6 No. 2 (2023): JURNAL PAHLAWAN
Publisher : Pahlawan Tuanku Tambusai University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jp.v6i2.25322

Abstract

A prisoner is someone who is considered guilty of his actions or deeds and has obtained a court deucision that has permanent legal force so that it can be said to have become a convict or convict, which will then serve his sentence in a detention room or also called a correctional institution. Penitentiary is an institution that aims to provide guidance to convicts, including female convicts. However, there are problems in coaching and mentoring for female convicts in class IIA Bangkinang penitentiary, that coaching and mentoring for female convicts in class IIA Bangkinang penitentiary has not been fully implemented, so this is not in accordance with Law Number 12 of 1995 concerning Corrections and Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Inmates. The formulation of the problem in this study is how to implement the guidance of female convicts in the Bangkinang class II A penitentiary, what are the obstacles in implementing the guidance of female convicts in the Bangkinang class IIA penitentiary, and how to resolve the implementation of coaching for female convicts in the Bangkinang prison. prison class IIA Bangkinang. This research is a sociological law research, because the type of data used is primary data obtained from informants by interviewing the class IIA Bangkinang prison and questionnaires from female convicts, then secondary data is obtained from library materials and regulations related to the thesis title. . The first result of the research is that the implementation of training for female convicts in class IIA Bangkinang penitentiary has not been fully implemented because the female convicts are only given self-reliance coaching, namely making fish meatballs, fish floss and sweet martabak, while for personality coaching only legal awareness coaching, namely counseling from the Office Kampar Narcotics Agency. The second is that in carrying out coaching for female convicts in the Class IIA Bangkinang penitentiary, there are several obstacles, namely limited female employees, an unstructured location specifically for female convicts, lack of facilities and infrastructure, and no special supervisor from outside the penitentiary.

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