LEX SUPERIOR

ANALISIS YURIDIS PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DALAM PENJATUHAN VONIS HAKIM

Rizky Dwi Utami — 2024-06-10

The judge's consideration is one of the most important points in realizing the value of a judge's decision which contains justice (ex aequo et bono) and contains legal certainty, of course it is also beneficial for the parties concerned. However, sometimes it is felt that the judge's decision in corruption decisions has not touched the legal objective. Therefore, the author wants to know about law enforcement in the consideration of judges in imposing a decision (Decision Study Number: 01/Pid.Sus.TPK/2017/PN.Mdn). The writing of this research uses the normative juridical research method, which is a method used to review/analyze data in the form of legal materials, especially primary legal materials and secondary legal materials related to the material discussed. Based on the results of the analysis, it can be concluded that the basic considerations of judges in imposing a decision are based on juridical considerations and non-juridical considerations. Where this is the District Court in determining judex facti, with the authority to examine the facts and evidence of a case. While the factors of law enforcement of corruption in the imposition of judges' verdicts (Decision Study Number: 01/Pid.Sus.TPK/2017/PN.Mdn) can be determined from 5 factors namely, Legal Factors, Law Enforcement Factors, Facilities and Infrastructure Factors, Community Factors and Cultural Factors. Where from the judge's verdict can analyze law enforcement.

TINJAUAN YURIDIS TERHADAP PELAKU TINDAK PIDANA PENIPUAN DENGAN MODUS PENYALAHGUNAAN NAMA PEJABAT NEGARA YANG DI LAKUKAN DALAM UPAYA PENERIMAAN TARUNA AKADEMI KEPOLISIAN

Lukmanul Hakim — 2024-06-10

Global law enforcement requires the role of the police as representatives of the state, with varying duties in each country. In Indonesia, the National Police (Polri) serves a dual function as law enforcer and social worker. Becoming a police officer is an attractive choice, especially for the younger generation, as it is regarded as a noble profession and an educational alternative. However, admission to the Police Academy (Akpol) has a limited quota, which puts pressure on prospective cadets. Some candidates fall victim to fraud schemes involving the misuse of the names of state officials. This research examines such fraudulent crimes using the case study of Decision Number 377/Pid.B/2023/PN.Tjk. The case involves defendants who used false names to obtain funds from prospective cadets. This study aims to provide insights into the penalties for perpetrators of such crimes and contribute to protecting the integrity of the admission process in police education institutions.

PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP PELAKU TINDAK PIDANA YANG MENYIMPAN PSIKOTROPIKA GOLONGAN IV (Studi Putusan Nomor : 461/Pid.Sus./2023/PN.Tjk)

Ade Armanda Febriyanta — 2024-06-10

Social deviance, particularly among adolescents, is often influenced byl the abuse of psylchotropic substances. The use of psylchotropics not in accordance with medical prescriptions and legal regulations is considered abuse. This studyl discusses the judges' considerations in rendering decisions against perpetrators of psylchotropic substance storage offenses under Decision Number: 461/Pid.Sus/2023/PN.Tjk. The methods used are juridical-normative and juridical-empirical approaches, utilizing secondaryl and primaryl data, as well as qualitative analylsis. The results indicate that judges' considerations include juridical aspects such as the indictment, prosecutor's demands, and evidence, as well as non-juridical aspects such as the defendant's attitude and social impact. The causes of these crimes include internal factors such as desires and weak faith, as well as external factors like environment and social interactions. The author recommends that judges consider rehabilitation for psylchotropic substance abusers and enhance law enforcement against psylchotropic drug dealers.

PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PERTAMBANGAN MINERAL DAN BATU BARA YANG DILAKUKAN SECARA ILEGAL (Studi Putusan Nomor : 01/Pid.Sus./2022/PN.Tjk)

Lintje Anna Marpaung — 2024-06-10

Indonesia is very rich in its abundant natural resources, making mining one of the industrial ventures that can be relied upon to bring foreign exchange to the country. However, in managing these natural resources, many people misuse them, as is often reported, with an increasing number of illegal miners operating without official government permits. Several locations for non-metallic mineral and rock mining are allowed to operate without business licenses. This clearly violates legal provisions because, according to Law No. 4 of 2009 on Mineral and Coal Mining, mining operations can only be conducted if they have a Mining Business License (IUP). The issue to be discussed is whether the factors causing individuals to commit illegal mining offenses, based on the study of Decision No. 1098/Pid.Sus/2022/PN Tjk, and how criminal liability for those involved in illegal mineral and coal mining should be addressed, also based on the study of Decision No. 1098/Pid.Sus/2022/PN Tjk. The research method used is normative juridical and empirical approaches, utilizing secondary and primary data obtained from literature studies and field studies, with data analysis conducted through normative juridical analysis.

POTRET KETERWAKILAN PEREMPUAN DALAM WAJAH POLITIK INDONESIA PERSEPEKTIF REGULASI DAN IMPLEMENTASI

Julia Sintia Ningsih — 2024-06-10

This study discusses the description of women's representation in the realm of political politics by paying attention to the perspective of regulation and implementation. The study focused on women's political rights, all of which stated that women have the same political rights as men. By using qualitative research methods. This study concludes that women's representation in the political system has a very important role to create a gender-just political system because if women's representation is replaced by men, the mechanism in gender justice will turn into a gender bias where women are still applied unfairly and this can also be said to be a partial and detrimental condition. the representation of women in politics is a manifestation of the fulfillment of citizenship rights, namely the right granted by the state to a citizen or community to have the right to participate in the political field whose mechanism has been regulated in legislation.