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VIVA THEMIS- Jurnal Ilmu Hukum dan Humaniora
Published by Universitas Sang Bumi Ruwa Jurai
ISSN : -     EISSN : 25989626     DOI : https://doi.org/10.24967/vt
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Viva Themis: Jurnal Ilmu Hukum [E-ISSN: 2598-9626] is the Journal of Legal Studies published by the Faculty of Law of Universitas Sang Bumi Ruwa Jurai, Lampung, INDONESIA. Its main aim to disseminate critical and original analysis from researchers and academic practitioners on various contemporary legal issues both local and foreign. The manuscript is published after undergoing a peer-review process by providing an exclusive analysis on law issues from various perspectives. This journal published biannually (January and July). The scopes of Viva Themis Novelty are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection study with Legal Studies in accordance with the principle of novelty.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 1, No 2 (2018): VIVA THEMIS" : 6 Documents clear
Kewenangan Penyidik Pasca Putusan Praperadilan Fona Azhara Sandi; Fathur Rachman; Ino Susanti
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.700

Abstract

One form of protection of human rights can be seen by the rules governing pretrial as stipulated in Article 77 to Article 83 of the Criminal Procedure Code.The problem in this study is how is the investigator's authority after the pretrial verdict in the Tanjung Karang Class I District Court? and what are the inhibiting factors of the investigator's authority after the pretrial verdict in the Tanjung Karang Class I District Court?This study uses a normative approach and empirical approach with secondary data obtained through literature studies and primary data obtained through field studies with interviews. The data is then analyzed qualitatively.The results of the study show that the investigator's authority after the pretrial verdict in the Tanjung Karang Class I District Court must be based on the provisions contained in the Criminal Procedure Code, specifically Article 77 of the Criminal Procedure Code which regulates the pretrial object. The inhibiting factor of the investigator's authority after the pretrial verdict in the Tanjung Karang District Court is the determination of the suspect's status as part of the investigation and Article 82 Paragraph (3) of the Criminal Procedure Code that in the event that an arrest or detention is illegal. This decision is of course a jurisprudence that can be used by other judges as a reference in making decisions in pretrial institutions. Investigators are advised to carry out investigations based on applicable provisions of criminal procedural law in order to anticipate pretrial requests, so that actions taken by investigators can run effectively and efficiently in the context of law enforcement. Pre-trial Judges are advised to maintain objectivity in deciding pretrial applications.
Penghapusan Sifat Melawan Hukum Materiil Dalam Tindak Pidana Korupsi Qadhi Muttaqien Sengaji; Ria Delta; Tian Terina
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.701

Abstract

Corruption in Indonesia is regulated in Law Number 31 of 1999 concerning Corruption Crime as amended by Law Number 20 Year 2001 concerning Amendment to Law Number 31 of 1999. In corruption cases after the Decision of the Constitutional Court (MK) Number 003 / PUU-IV / 2006 dated July 24, 2006, the nature of violating the material law in the Explanation of Article 2 paragraph (1) of the PTPK Law has been abolished or in other words does not have binding legal force. The Constitutional Court considers that the explanation of Article 2 paragraph (1) is contrary to the 1945 Constitution, because it creates legal uncertainty. The Constitutional Court views that Article 28 D paragraph (1) recognizes and protects citizens' constitutional rights to obtain guarantees and definite legal protection. The problems that will be examined are: how are the legal consequences of abolishing the material against the law in not corruption in Indonesia and how the judges' decisions and judgments in deciding to abolish the material against the law in the corruption case in the Constitutional Court Decision Number 003 / PUU-IV / 2006.The type of research in this paper is descriptive research. The approach method used in this study is a normative juridical approach and an empirical juridical approach. The types of data used are primary data and secondary data. Procedure for collecting and processing data through library studies and field studies by means of interviews. As well as in this study the researcher used qualitative data analysis.The results of the findings in this study are that the legal consequences of abolishing the material against the law in not corruption in Indonesia are limiting the movement of prosecutors in conducting investigations into corruption and giving corruptors the freedom to commit corruption because they can only be convicted if they can be proven committing a criminal act of corruption. Decisions and judges' judgments in deciding to abolish the material unlawfulness in corruption cases in the Constitutional Court Decision Number 003 / PUU-IV / 2006 only focus on legal certainty, and override other legal objectives such as justice and benefit of the law and do not consider values values and norms of life that grow in the community.
Peran Kantor Badan Pertanahan Nasional Kota Bandar Lampung Dalam Mengatasi Kepemilikan Tanah Absentee Karmuz Karmuz; Fathur Rachman; Yuli Purwanti
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.696

Abstract

The ground is important for the community resources, good as a medium growing plants, and as a space or container place performs various functions. Land in relation to the issue, the government issued the law number 5 1960 re basic provisions concerning the fundamentals of agrarian affairs (UUPA). Next, as a form of uupa to this is that the , the government issued the act of number 56 prp 1960 on the provision of it a bit and government regulation no 224 1961 on the implementation of the subdivision of land and the provision of compensation, in article 3 paragraph (1) PP no. 1 224 1961 jo article 1 PP no. 1 41 years 1964 arranged the prohibition of land as guntai /absentee ownership. Highlights the difficulty in this research is what factors causing the occurrence of ownership of land as absentee in the city of bandar lampung and the role of national land agency bpn make glad the city of bandar lampung in overcome or solve the problems of their lands were absent.The kind of research used in this research is research descriptive namely research that seeks, described a symptom the, the incident happened when now to focus on actual problems as they are at the time of the visit.Approach that is used is the methodology of juridical law sosiologis.proses collection of data consists of the study of literature and field study. Next, the method of analysis in a qualitative analysis. The result showed that the cause of the absentee land ownership is the lack of legal awareness, community cultural factors, the law enforcement officials, the infrastructure and economic factors.The role of the national land agency to address the absentee land ownership in the city of bandar lampung by controlling the administration and control, law and to prevent new absentee land ownership of land agency kordinasi badly needed by the related agencies and, district the village head and PPAT / notary.
Analisis Dasar Pertimbangan Hakim Dalam Menjatuhkan Pidana Terhadap Pelaku Tindak Pidana Penggelapan Rosita Ibrahim; Marsanuddin Marsanuddin; Mirwansyah Mirwansyah
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.702

Abstract

Perpetrators of embezzlement are usually sentenced to a maximum of four years in accordance with the provisions of Article 372 of the Criminal Code (KUHP). But in the decision Number: 1487 / Pid.B / 2017 / PN.Tjk, the judge actually relieves the sentence by considering that the perpetrator is only a legal subject, this matter has an element of error in person. The problem in this research is whether it is the basis for judges' consideration in imposing criminal acts against perpetrators of criminal acts of embezzlement and what are the obstacles in examining cases of fraud.The research used is a type of normative descriptive legal research, through normative and empirical approaches. The types of data needed in the study include primary and secondary data sourced from primary legal materials, secondary legal materials and tertiary legal materials and analyzed qualitatively.From the results of the discussion, it can be concluded that the judges' basis in imposing crimes against the perpetrators of criminal acts of embezzlement on cases Number: 1487 / Pid.B / 2017 / PN. and examination of evidence, it has been found the legal fact that the defendant has been proven to have committed a crime of embezzling a motorized vehicle, namely in the form of a car. While the obstacles in examining cases of embezzlement are the difficulty of presenting witnesses who know the events of the perpetrators or defendants and proof of the goods in the hands of the perpetrators.
Analisis Yuridis Terhadap Putusan Hakim Yang Menjatuhkan Pidana Kurungan Terhadap Pembawa Senjata Tajam Oleh Anak Teni Oktapriani; Marsanuddin Marsanuddin; Muhammad Lutfi
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.698

Abstract

Therefore this study aims to find out what is the legal basis of judges 'consideration in imposing criminal sanctions for carrying weapons of sharp weapons by children and to find out how the judges' decisions against criminal sanctions carried out by children in criminal cases Number 79 / Pid.Sus-Anak / 2017 /PN.Tjk.The method used in this study is descriptive normative. The procedure of data collection is done by means of library research and field studies. This research was carried out in the Tanjung Karang District Court, in order to achieve this goal the author used data collection techniques in the form of library research and field research by conducting direct interviews with judges at the Tanjung Karang District Court.The results of this study conclude that: (1) the basis for consideration of judges who impose criminal sanctions on children who carry sharp weapons in the application of criminal law (Number 79 / Pid.Sus-Anak / 2017 / PN.Tjk) is in accordance with the provisions stipulated in Article 2 Paragraph (1) of Law Number 12 of 1951. (2) Implementation of a judge's decision on a sentence of imprisonment committed by a child, in deciding a case the judge has considerable considerations, starting from the demands of the public prosecutor, witness statements, statement of the defendant, and evidence, as stipulated in article 197 of the Criminal Procedure Code, and the fulfillment of elements in accordance with the indictment as well as the laws of the child and there is no justification, so that they are found guilty, as well as things that are burdensome and mitigating. The panel of judges had many considerations so that the defendant had to account for his actions in accordance with the verdict handed down by the judge by serving a sentence of imprisonment for 2 months in prison and paying court fees of IDR 2000 rupiah.
Penerapan Alat Bukti Dalam Sistem Pembuktian Tindak Pidana Penipuan Dwi Yulian Widodo; Fathur Rachman; Ino Susanti
VIVA THEMIS Vol 1, No 2 (2018): VIVA THEMIS
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/vt.v1i2.699

Abstract

Many people take advantage of the situation by misusing the means of cellular technology communication, one of which is a crime that is a fraud that often occurs today is fraud by using sophisticated technology tools such as cellular phones by utilizing Short Message Service services. The problem that will be discussed is how is the application of evidence in the system of proof of fraud and whether the supporting factors and inhibiting factors in the application of evidence in the system of evidence of criminal acts of fraud.This legal research method uses a type of normative descriptive legal research, approach to the problem and this study uses a normative juridical approach and an empirical juridical approach. The type of data is primary data and secondary data. Data sources are secondary data, tertiary primary data. Data collection with literature studies, field studies. Data processing is carried out including data selection and data classification. Data analysis used is qualitative analysis.From the results of this study the authors found that the application of evidence in the system of proof of criminal acts of fraud is that the truth must be tested by means of evidence thus, the means and strength of evidence basically inherent in each evidence found. Supporting factors in the application of this evidence must be cooperation between legal institutions and providers of cellular telephone networks and the active role of victims in resolving fraudulent crimes. The inhibiting factors in the application of this evidence are the lack of facilities and infrastructure at the Lampung Police's special cyber unit, the next obstacle if the perpetrators did not leave their last GPS cellphone, so the Lampung cyber police could not find out where the perpetrators of the fraud were. The conclusion is that an act can be said to be criminal fraud if the elements are fulfilled according to the Law. In carrying out the verification of fraud through SMS, besides supporting factors in the form of a cyber police team, the task is specifically to deal with cyber crime.

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