Extraordinary Crime Research Articles

Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.

Legal Study Analysis of Criminal Law Policy in the Implementation of Integrated Assessment for Drug Abusers based on Law Number 35 of 2009 Concerning Narcotics

Drug crimes pose a serious threat with detrimental effects on the global community, including Indonesia. Drugs are classified as extraordinary crimes that harm physical, mental, social, and economic health. Drug abusers are not criminals who should be imprisoned but individuals who need medical and social rehabilitation, as regulated in Law Number 35 of 2009 on Narcotics. However, the implementation of rehabilitation faces challenges, such as a lack of synchronization among law enforcement agencies and the low number of abusers receiving rehabilitation. This study uses normative juridical research methods with a statute approach, conceptual approach, and case approach. Secondary data were obtained from legal literature and relevant regulations. The results of the study show that the integrated assessment mechanism, involving both medical and legal evaluations, plays a crucial role in determining whether drug abusers are eligible for rehabilitation or imprisonment. However, various obstacles hinder its implementation, such as differing legal interpretations, sectoral egos among institutions, and inconsistencies in placing drug abusers in rehabilitation centers. Moreover, the criminal law policy that prioritizes rehabilitation as a solution requires reform to be more effective in preventing drug-related crimes. The study recommends improving coordination among law enforcement agencies and revising regulations to ensure rehabilitation is prioritized in handling drug abuse cases, aiming to create a more humane and effective justice system.

COVID-19 Pandemic and Violence Against Children

During the COVID-19 pandemic, it was known that number violence to child in Indonesia more increase. Study this is study References with objective for study reason happening violence against children During the COVID-19 pandemic and effort in prevention. Factor common causes of hard cake on children during the COVID-19 pandemic is a problem economy as a result of activity restrictions during pandemic, the relationship between children and parents who are not balanced, and low parental knowledge related with parenting patterns. Impact period short of perceived violence children is to affect the child 's physical, while the impact long-term related to the psyche of the victim. In overcoming, The problem of violence against children during the COVID-19 pandemic must be carried out in a social environment with various preventive measures. On In this research, the author suggests there needs to be awareness, that acts of violence against children are extraordinary crimes that can interfere with the growth and development of children.

The Application of Rehabilitation Sentences for Narcotics Addicts (Case Study of North Jakarta District Court Decision Number 115/Pid.Sus/2023/PN Jkt. Utr)

The crime of narcotics offenses is considered an extraordinary crime. Law Number 35 of 2009 concerning Narcotics, Article 1 point 13, states that a Narcotics Addict is a person who uses or abuses Narcotics and is in a state of dependency on Narcotics, both physically and psychologically. Narcotic rehabilitation is one of the efforts to save addicts from the shackles of narcotics and the dangers that accompany them. There are three stages of narcotic rehabilitation in Indonesia: medical rehabilitation, non-medical rehabilitation, and advanced rehabilitation. The problem formulation in this study is how the rehabilitation punishment for narcotics addicts is applied and how the analysis of the considerations of the Panel of Judges of the North Jakarta District Court in imposing rehabilitation sanctions in decision number 1151/Pid.Sus/2023/PN Jkt.Utr. The type of research in this legal research proposal is normative legal research, focusing on the applicable legal norms, namely positive legal norms in the form of legislation. The results of the study show that the provisions for rehabilitation for narcotics addicts are stipulated in Articles 54 and 127 of Law Number 35 of 2009 concerning Narcotics. Meanwhile, the classification of user groups is regulated in the Circular of the Supreme Court No. 4 of 2010 concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts in Medical and Social Rehabilitation Institutions. The judge's basis for sentencing the Defendant to undergo treatment and/or care at a medical/social rehabilitation institution refers to the provisions of Article 103 jo Article 127 paragraph 2 jo Article 54 of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics jo Circular of the Supreme Court of the Republic of Indonesia No. 4 of 2010 dated April 7, 2010, concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts into Medical and Social Rehabilitation Institutions, as well as other legal facts revealed in the trial.

Ratio Decidendi Penjatuhan Putusan Bebas (VRIJSPRAAK) Dalam Pemalsuan Akta Otentik Oleh Notaris: Studi Putusan Nomor: 1216/Pid.B/2019/PN Jkt.Tim

Corruption is an extraordinary crime that causes state losses. Corruption is not only committed by individuals, but also by corporations. Problems that often arise in criminal acts of corruption committed by corporations are related to procedural law, especially related to proving corporate wrongdoing. In this regard, the author is interested in analyzing the evidence related to corruption committed by corporations in Decision No. 81/Pid.Sus/Tipikor/2018/PN.Jkt.Pst. This study discusses the problem of proving corruption committed by corporations and the judge's legal considerations in imposing a sentence on the Defendant. This study uses a normative juridical approach withresearch specifications prescriptive. This study also uses secondary data obtained through literature and documentaries and described systematically. The results of the study indicate that the criminal acts of corruption committed by corporations in Decision Number: 81/Pid.Sus/Tipikor/2018/PN.Jkt. evidenced by the suitability of evidence in the form of witness statements, expert statements, letters and statements from the defendant which proves that the defendant has fulfilled all the elements in the First Indictment, so that it has met the minimum limit of evidence, namely at least two valid pieces of evidence, the judge's conviction is obtained. that the defendant PT NKE was guilty of a criminal act of corruption. The basis for the judge's legal considerations is by taking into account the elements of the Articles of the First Indictment that have been fulfilled, namely by fulfilling the minimum limit of evidence and obtaining the judge's conviction, for which the Panel of Judges imposes a criminal sentence in the form of a principal penalty in the form of a fine and additional punishment in the form of payment of replacement money and the revocation of the defendant's rights to participate in the auction of government goods/services procurement.

The Criminal Acts of Corruption as Extraordinary Crimes in Indonesia

Corruption in Indonesia Law is almost present throughout the Law of the government, h at the central and regional levels. Although there are various disagreeing parties of corruption classified as extraordinary crimrally argue that corruption in Indonesia can be categorized as an e,xtraordinary crime because it is organized, systemic, a,nd has been looting so that it can negatively impact economic growth, legal enforcement, and national security stability. Therefore, to combat corruption crimes in Indonesia, the government has issued No. 31 of 1999 and No. 20 of 2001 on the eradication of corruption crimes as a legal basis for the eradication of corruption in Indonesia. However, with the issuance of Law No. 19 of 2019 for the amendment of Law No. 30 of 2002 on the Eradication Commission, various legal experts have assessed that corruption crimes in Indonesia can no longer be classified as extraordinary crimes because some of the extraordinary powers that KPK has as the spearhead of corruption eradication in Indonesia have been eliminated

An Overview of Drug-Related Criminal Acts as Extraordinary Crimes in Indonesia

Indonesia is a nation that has unfortunately become a target for drug trafficking, resulting in a growing number of drug-related crimes each year. To address drug crime in Indonesia, the government has issued Law No. 35 of 2009 on Narcotics and Law No. 5 of 1997 on Psychotropic. The Indonesian government's efforts to eradicate drugs crime have not been successful. This study employs a qualitative research design with a normative approach. Our study revealed that law enforcement has been considereed optimal due to the government's establishment of the National Narcotics Agency (BNN) as a specialized, independent institution with broader authority than other law enforcement agencies. The 2009 Narcotics Law, specifically Law No. 35, establishes strict penalties for drug abuse, which can include imprisonment, additional punishment, or even the death penalty

Criminal Liability Of Actors Who Participate In Terrorism Criminal Acts In Indonesia

The crime of terrorism is a form of crime with an international dimension that is very frightening to the public. Terrorism is a crime against humanity which is classified as an extraordinary crime because it has succeeded in creating chaos based on religion, sect or organization. This crime against humanity is regulated in Law of the Republic of Indonesia Number 5 of 2018 concerning Terrorism Crimes. Terrorist networks that are difficult to trace and have wide access make the problem of terrorism difficult to eradicate. Easy access between countries is one of the reasons why it is difficult to break the chain of terrorist networks. So efforts are needed through bilateral, regional and international cooperation to eradicate terrorism. The research method used in this paper uses normative legal research based on legal theories. By taking a legislative approach through literature study. This research aims to find out what causes perpetrators to commit criminal acts of terrorism and to find out what form of criminal law accountability exists for perpetrators who participate in criminal acts of terrorism in Indonesia.

Penerapan Pemberian Grasi Terhadap Terpidana Korupsi Oleh Presiden

Clemency is a pardon in the form of a change in commutation, reduction or elimination of a criminal offense for a convicted person given by the president based on the consideration of the Supreme Court. The granting of clemency by the president is a form of humanity and justice towards the citizens of the country. And every prisoner has the same right to apply for clemency to the president. Granting this clemency is a fulfillment of human rights and is the president's prerogative in granting forgiveness. However, there needs to be a classification of the crime to provide an opportunity to apply for clemency. Such as the crime of corruption which is an extraordinary crime. The criminal act of corruption is a crime that not only harms one person, but also harms the State and people of Indonesia. Of course, the aim of this research is to find out certain conditions for granting clemency to corruption convicts by the president. This research method uses normative juridical research methods. By referring to the law on clemency and criminal acts of corruption as well as the presidential decision to grant pardon to corruptors. The findings of this research are that it provides special considerations in submitting requests for clemency and evaluation so that the president and the Supreme Court can logically consider their decisions in looking at the convict's case.

Analysis of Legal Aspects Related to Special Narcotics Crimes as Extraordinary Crimes

Analysis of Legal Aspects Related to Special Narcotics Crimes as Extraordinary Crimes

Peran Polisi Kehutanan Dalam Menanggulani Kegiatan Illegal Logging Di Taman Nasional Alas Purwo

Alas Purwo National Park has a variety of potential unique biodiversity and ecosystems, making it important in creating a sustainable relationship with the environment. Threats to the sustainability of conservation areas, one of which comes from illegal logging activities that have been categorized as extraordinary crimes. This article aims to answer problems related to illegal logging, the role of the Forestry Police and its obstacles in tackling illegal logging activities in Alas Purwo National Park. This research uses a qualitative approach in the form of a case study. Data collection methods by observation, in-depth interviews, documentation. Data analysis using interactive models, including the stages of data collection, data reduction, data presentation and conclusions.Various efforts have been made by the Forestry Police to tackle illegal logging activities, but there are still obstacles on the ground. Therefore, this article is expected to be a contribution of thought for policy makers, both at the regional and central levels.

Implementation of Collaborative Governance in Countering Terrorism in Indonesia

Terrorism is one of the global threats that can affect Indonesia's social, political, and economic stability. Currently, terrorism has been categorized as an extraordinary crime that requires extraordinary efforts from various parties to counter it. This research examines and describes the collaboration process built into countering terrorism in Indonesia. This research uses a descriptive qualitative method with six informants as research subjects. The results show that implementing collaborative governance to counter-terrorism in Indonesia has been running well and involves many parties. However, in the context of the stages of the implementation of collaboration, there are still obstacles. The motivational factor of the parties involved in counterterrorism is enough to influence the imbalance of resources and knowledge among collaborative actors. Different perceptions in addressing the issue of terrorism have caused the starting conditions in the implementation of collaboration not to work properly. This affects the commitment between collaboration actors and the consistency in running various terrorism prevention programs. In addition, the lack of strong regulations governing BNPT's role as coordinator in terrorism prevention causes obstacles in the synergy process. Collaboration has been implemented in terms of quantity, but in terms of quality, there are still things that are not optimal.

Analisis Penerapan Sanksi Pidana Pelaku Residivis Tindak Pidana Narkotika

Abstract In positive law, narcotics crimes are qualified as extraordinary crimes, because the impact of these crimes has a dangerous situation that is widespread. Law No. 35 of 2009 is the basic rule for law enforcement officers to carry out law enforcement for perpetrators. In Article 54 of the Law it is explained that judges are obliged to consider conducting medical rehabilitation for drug users. In Decision No. 745/Pid. Sus/2018/PN Srg, the defendant is a drug case recidivist who had previously been rehabilitated. By using a normative juridical research method that uses the approach of legislation and legal principles, this study aims to examine and determine the application of punishment to recidives in Decision No. 745/Pid. Sus/2018/PN Srg by using the theory of judges' considerations and the purpose of sentencing. The results of this study are the application of sanctions against narcotics crime recidivists must use the purpose of punishment which results in a deterrent effect for the perpetrator, so that the perpetrator does not repeat the action.

Disclaimer of Political Rights As An Effort to Eradicate Corruption

Corruption is an extraordinary crime, so extraordinary methods are also needed to prevent and eradicate this crime. The imposition of serious crimes is one of the ways needed to eradicate them, then new punitive breakthroughs are also needed in order to provide a sense of deterrence and fear to both the perpetrators and the community. Several cases that have been decided during the trial of corruption at the first level, among others, are on behalf of the accused, Inspector General. Djoko Susilo in the corruption case of the procurement of a driving license (SIM) simulator tool, the KPK Public Prosecutor demanded additional crimes of revoking the right to vote and vote in general elections and public office (political rights), and the panel of judges granted the demands at the appeal level. This additional punishment is regulated in article 35 of the Criminal Code in conjunction with article 18 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption. This research uses normative legal research methods, supported by primary, secondary and tertiary legal sources. With descriptive qualitative analysis.The problem with this additional punishment for depriving political rights is how to apply this additional punishment for depriving political rights in the prevention and eradication of corruption, because of course the KPK has strong reasons why this additional punishment is included as a punishment for perpetrators of corruption.

Kedudukan Keterangan Ahli di Sidang Pengadilan dalam Pembuktian Perkara Korupsi

Corruption is an extraordinary crime that has an impact on the nation's economy. In general, corruption is carried out by educated people who have wide networks in society. When examining corruption cases in court, the presence of experts can assist the judge in proving the defendant's guilt. Expert testimony as evidence has important power in making clear a criminal act. The judge decides that a person has indeed committed a criminal act determined by at least two valid pieces of evidence and he is convinced that a crime has indeed occurred. This research is to find out the position of expert testimony in proving criminal acts of corruption, the research method used is normative research.

Punishment for Revocation of Political Rights for Public Officials Convicted of Corruption Based on A Justice Perspective

Purpose: The purpose of this research is to research and analyze the Revocation of Political Rights to Occupy Public Positions for Corruption Convicts According to Law in Indonesia, to research and analyze the legal consequences of revoking political rights to occupy public office for corruption convicts, to research and analyze the regulations regarding the revocation of political rights to occupy public positions for those convicted of corruption in terms of the principle of justice. Method: The research methodology used in this research is a qualitative method, using Normative Juridical research which is supported by empirical research, where Normative Juridical research is also called Doctrinal Legal research. In this type of legal research, law is often conceptualized as what is written in statutory regulations (law in books). Therefore, some of the data sources are primary data and secondary data. The data used in this research are primary data and secondary data. Data collection techniques in this research were carried out through literature study and interviews. The data analysis technique used is a qualitative normative analysis technique which describes and interprets the data in sentence form properly and correctly, obtaining short answers which are formulated deductively. Results and conclusion: The revocation of political rights to occupy public positions for those convicted of corruption is carried out because corruption is behavior that deviates from the norms accepted and adhered to by society, the aim of which is to obtain personal gain. This criminal act of corruption is a violation of the social and economic rights of the community, so that criminal acts of corruption can no longer be classified as ordinary crimes but have become extraordinary crimes (extra ordinary crimes). As is known, one of the public positions is the position of regional head which is regulated in Law no. 23 of 2014 concerning Regional Government. The regulations that limit former convicts from becoming regional heads are stated in Article 58 letter f, which states that they must never be sentenced to prison based on a court decision that has permanent legal force for committing a criminal offense that is punishable by imprisonment for 5 (five) years or more. The root of the problem in corruption cases is abuse of power, of course this must be the basis for why it is difficult to restore the trust of former corruption convicts to return to contesting in the 2024 elections and fill public positions, which is feared that ex-corruption convicts will commit acts again in similar cases. to fill public office again. Research implications: The findings of this research have implications for policy makers. Determining convict status for public officials under the pretext of corruption is a worrying phenomenon, because public officials as servants of the people have now betrayed them, by abusing their authority to carry out acts that should not be carried out. The public officials who were caught by the anti-military agency (KPK) are the result of the hard work of the Corruption Eradication Commission to ensure justice for the entire community. Originality/value: This research contributes to existing literature by focusing on penalties for revoking political rights for public officials convicted of corruption. By identifying obstacles and providing recommendations, this research offers insights that can help prevent or protect society from threats that could harm society's interests based on a justice perspective.

Urgensi Pengadopsian Ekosida Dalam Sistem Hukum Nasional Sebagai Respon Menghadapi Ancaman Krisis Lingkungan Hidup

The right to a healthy environment is enshrined in Article 28H paragraph (1) and Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia. These provisions assert the entitlement of every individual to a favorable living environment grounded in environmental understanding. Nonetheless, this principle stands in stark contrast to the prevailing reality. Within WALHI's documented records, three instances of ecocide crimes have occurred in Indonesia, encompassing the Lapindo mudflow, forest and peatland fires in Central Kalimantan, and the development of hydropower plants in Koto Panjang. Ecocide serves as a glaring testament to the classification of environmental offenses as extraordinary crimes, given their capacity to erode the fundamental tranquility of human existence. This composition adopts a normative juridical approach, employing legislative, comparative, conceptual, and analytical dimensions. The focal aim of this discourse is to scrutinize the ecocide threat, its incorporation within a framework of conscientiousness, and its correlation with Pancasila as a responsive measure against environmental perils. Recommendations set forth encompass: a) the formulation of definitive legislation in Indonesia concerning ecocide; and b) a comprehensive legal examination, entailing an in-depth analysis of the scope, regulatory orientation, and content, taking into profound account philosophical, sociological, and juridical facets.

The Concept Of Corruption According To The Perspective Of Islamic Criminal Law

Corruption comes from the Latin coruptio and corruptus which means to bribe and corrumpere which means to destroy. Corruption is included in jarîmah. Jarîmah is: "Prohibitions of syara', namely; Threats with 'uqūbat had or ta'zir". Ta'zir is: "'uqūbat determined by the authorities in order to refuse thinning and prevent crime". Corruption in Indonesian law is: "Unlawfully committing acts of enriching oneself or another person or a corporation that can harm state finances or the state economy". While the terms that are close to corruption in Islamic studies are: "ghulūl, ikhtilâs, risywah and al-fasad and". Corruption according to fiqh is: "It is a jarîmah or a modern and extraordinary crime for which there is no agreement on the terms and definitions. While the 'uqūbat is ta'zîr which is returned to waliyul amri".

Impacts of Justice Collaborator Revocation from Prisoner Remissions for Extraordinary Crimes in Class 1 Correctional Facilities in Tangerang

The elimination of Justice Collaborator as a requirement for an Extraordinary Crime convict to obtain sentence reduction or remission, in accordance with the provisions stated in the Minister of Law and Human Rights Regulation Number 7 of 2022, which amends the Minister of Law and Human Rights Regulation Number 3 of 2018 regarding the requirements and procedures for granting sentence reduction, has changed the mechanism for granting remission to prisoners at Class 1 Tangerang Correctional Institution, both in terms of administrative and subjective requirements. This change has both positive and negative impacts on the existing regulations. The research methodology employed is empirical legal research, as it relates to the effectiveness of the law. The recommendations obtained are related to communication, education, and transparency regarding the implementation of Minister of Law and Human Rights Regulation Number 7 of 2022 at Class 1 Tangerang Correctional Institution, in order to be accepted and understood by the inmates, their families, and relevant stakeholders

Legal Review of Corruption Crimes in Covid 19 Social Assistance Funds

Weak law enforcement in Indonesia has caused crimes such as corruption of social assistance funds among state officials to increase. Law enforcement is defined as the process of enforcing the norms that apply in Indonesia. Law enforcement is not a fundamental problem, not only because of the complexity of the legal system, the interaction between the legal system and the social, political and economic systems can also be a problem. Corruption has been classified as an extraordinary crime, because it is a criminal offense that has harmed state finances and economic potential. The imposition of criminal penalties or sanctions for perpetrators of criminal acts of corruption has recently been quite less frightening, including in the case of corruption of covid 19 social assistance funds. The writing of this thesis aims to find out the law enforcement against the criminal act of corruption of the covid 19 social assistance fund and the sanctions imposed on the perpetrators of corruption. Sources of legal materials consist of primary materials and secondary materials. The technique of collecting legal materials and data by quoting from data in loose-leaf notes by recording the author's name, book title, publisher's name, year of publication, and page number quoted. Law enforcement against corruption in criminal case decision Number 29/Pid.Sus-TPK/2021/PN Jkt Pst is in accordance with legal norms.