NOMMENSEN LAW REVIEW

Analisis Yuridis Peran Komisi Pemilihan Umum dalam Penyelesaian Tahapan Akhir Pemilihan Kepala Daerah

2022-06-07T02:41:01+00:00

The General Election Commission (KPU) is a national, permanent, and independent to do the general election. In the implementation of direct regional head elections, it is one of the embodiments of democratic instruments in the context of creating a more democratic government and as a step to realize people's sovereignty. However, in the way, various problems arise that accompany it, in the end it must be see as a challenge as well as part of the maturation process in order to realize a more mature regional government. In this research activity, the type of research used is normative juridical research (legal research) which prioritizes library research. The various disputes that occurred during the final voting stage for the pairs of candidates selected in the regional head elections as described above, show that there are still many democratic agendas that we must resolve, both in terms of regulations, institutions, and law enforcement. Thus, the dispute that occurred should be one of the maturing processes in the general election for the change of period that was held.

Peranan Kejaksaan dan Upaya Melakukan Pengelolaan Hasil Eksekusi Barang Bukti Tindak Pidana Korupsi (Studi di Kejaksaan Negeri Binjai)

2022-06-07T02:22:51+00:00

The Prosecutor's Office is the only state institution which is a government apparatus authorized to delegate criminal cases, prosecute perpetrators of criminal acts in court and carry out decisions and decisions of criminal judges other. In carrying out the judge's decision, the prosecutor has the authority to execute the evidence by destroying it or seizing it for the benefit of the state or returning the evidence to its rightful owner in accordance with a decision that has been determined by the panel of judges. In terms of confiscation of evidence for the benefit of the state, the Indonesian Prosecutor's Office also plays a role in managing the evidence. The Prosecutor's Office implements several methods or mechanisms in the management of the evidence, which in practice are very important and crucial, especially in the utilization and income of the state treasury. Based on the results of the study, it was found that related to the management of evidence obtained by investigators, it could not be managed by the prosecutor's office immediately but had a process to finally be confiscated for the state and managed by the prosecutor's office. These processes are important to the internal bureaucracy of the Prosecutor's Office as well as the transparency and efficiency of the work carried out by the Attorney General's Office.

Perbedaan Dasar Pertimbangan Hakim dalam Menjatuhkan Putusan Terhadap Pelaku Hubungan Seksual Sesama Jenis (Studi Putusan Nomor 115-K/PM.I-02/AD/III/2020 Jo Putusan Nomor 96-K/MIL/2020)

2022-06-07T09:19:21+00:00

An action of Indonesian National Army (TNI) members who have the same- sex sexual (to commit homosexual relation act) will be somebody that damages the image of Indonesian National Army Forces. That action against the norms, official reguation, religion teaching and decency. The legal research method we use below is normative juridicial. By the research result which conducted in Military Court Decicion Study I-02 in Medan, Number 115-K/PM-102/AD/III/2020 which mention that defendant is not proven legally to commit a criminal act, The first : Disobidience for accidental, or The Second : Intentionally and blantantly to commit a voilate decency. The Indonesian Supreme Court Decicion Number 96-K/MIL/2020 that states against the same defendant, who proven legally and convincingly, tha he is guilty, to commit a crimilal act, “Disobeying Official Orderintentionally”, So Indonesian Supremme Court to punish the accused criminally, with main criminal penalties, that he was dicharged from military service of Indonesia National Army (TNI AD). The difference is because there has never been an article in the Law regarding same-sex/Homosexual sexual relations committed by those who are both adults. There is a prohibition on same-sex sexual relation in Indonesian Natioanal Armed Forces Community environment. That prohibitionis an Army Chief of Satff’s Telegram Letter, Number 1313/2009 August 4th 2009. The ongoing of differences regarding the consideration Judge’s basic at the Military Court in Medan Military Court I-02, if it compared to Sperem Court View regarding the Army Chief of Staff’s Telegram Number 1313/2004 August 4th 2009.

Perlindungan Hukum Terhadap Anak Sebagai Korban yang Mengalami Kekerasan Dari Sesama Anak (Studi Putusan No.14/Pid.Sus.Anak/2021/PN.Mdn)

2022-06-07T02:50:01+00:00

To learn legal protection against child abuse. In a legal perspective, criminal crimes committed against children are extremely dangerous and physically and psychologically impaired children. The government has not given new regulations governing the protection of law against victims of child abuse. In the juvenile penal system law (SPPA), and in the child-protection act is only actionable.The method used in the study is the library research method, which involves collecting data from books, law regulations, and which correspond to the title of the study. The method also used in the study was normative-juridical methods, using a qualitative approach using data collection. The results of Research conducted in Decision No. 14/ PID.SUS.Son /2021/ PN.MDN with his identity asa victim of abuse from a fellow child under 18 (eighteen). It may be concluded that every child who has been a victim is entitled to protection of rights and to the realization of a justice both for the child and for the child molester.

Upaya Penanggulangan Tindak Pidana Pencurian Hasil Perkebunan di Wilayah PTPN III (Persero) Pada Masa Covid-19

2022-06-07T03:04:47+00:00

During the 2019 coronavirus disease era, it has affected all aspects of life. If from the perspective of the existing phenomena, the public sees the area as not only in health insecurity but also in influencing social insecurity conditions and especially economic vulnerability due to the 2019 coronavirus disease pandemic. This specifically affects the plantation owned by PT Perkebunan Nusantara III (Persero). This research uses empirical juridical research. Based on the results of the research conducted, it was found that the occurrence of the crime of theft at PT Perkebunan Nusantara III (Persero) contained several factors, namely First, Internal factors, which consisted of: (a) Educational factors; (b) Individual Factors. And Second, external factors, which consist of: (a) Economic Factors; (b) Environmental Factors; (c) Global Development Factors; (d) Law Enforcement Factors. In carrying out crime prevention efforts to minimize the crime of theft carried out by PT Perkebunan Nusantara III (Persero) related to the policy, namely First, Repressive Efforts (penal) carried out by way of the theft crime case to law enforcement. Second, Prevention Efforts (non-penal) are carried out in the following ways: (a) Social and Environmental Performance; (b) Community Empowerment; (c) Adding Security Personnel from External Forces namely TNI/Polri; (d) Counseling and Approaches to the Community Conducting
the PT Perkebunan Nusantara III (Persero) Security Unit.

Strategi Pembuktian yang Dilakukan oleh Penuntut Umum dalam Mengungkap Tindak Pidana Korupsi (Studi di Kejaksaan Negeri Subulussalam)

2022-06-07T09:09:43+00:00

Evidence as an effort to disclose and enforce the law on a case or suspicion of a criminal occurance of corruption is not something simple and easy. The success of the prosecution cannot be separated from the quality of the results of the investigation. The problems in this research are what is the evidence strategy performed by the Public Prosecutor that reveals happened criminal occurrence of corruption and any obstacles faced by the Public Prosecutor reveals happened criminal occurrence of corruption (Research at the Subulussalam District Attorney). This research is the type of empirical juridical research with law approach, conceptual approach and case approach to collect the primary data by conducting interviews with The Prosecutor as The Public Prosecutor who plays a role in proving that there has been a criminal act of corruption in the Subulussalam District Attorney as well as other secondary data. Based on the results of the research conducted, found that efforts to prove were not only based on what was contained in the Criminal Procedure Code, but required improvisation by the Public Prosecutor. A strong prosecution based on a good investigation. Therefore, starting from the existence of reports of criminal acts of corruption, investigations, prosecutions to legal remedies must be carried out carefully, innovatively, and synergize between parties. Then the obstacles experienced by the Public Prosecutor are that it takes a long time for The Audit Board of the Republic of Indonesia to declare state losses and the limited location of the Corruption Court has resulted in inefficient time and energy.

Pelaksanaan Persidangan Secara Elektronik Dilihat dari Hukum Acara Pidana (Studi di Pengadilan Negeri Medan)

2022-06-07T09:30:43+00:00

Courts as law enforcement agencies are part of the criminal justice system as a place to seek justice for justice seekers with the desire that justice be carried out in a simple manner. For the sake of implementing social distancing, it is not possible for the Court Institution to hold a trial according to pre-arranged standards, because it can cause crowds of people, which causes the risk of spreading the Covid-19 virus to be higher. This has caused court institutions to have to rely on technology to support the continuity of legal services to justice seekers and that's when electronic (online) justice began to be carried out again, not only in the witness examination agenda but in almost the entire trial process. The problem is to find out how to conduct criminal trials electronically (online) when connected to the Criminal Procedure Code and to find out what factors are faced by the Court in carrying out criminal trials electronically (online). (Study at the Medan District Court). This research uses the legal approach method by analyzing the problems in the field and a conceptual approach. Based on the results of the research conducted, it was found that the results of the implementation of the electronic trial (online) when connected with the Criminal Procedure Code, there are many similarities, but they still have differences that cannot be ignored and the electronic trial is still far from what the trial wanted. this is caused by obstacles that still cannot be overcome.

Pertanggungjawaban Korporasi Atas Pelanggaran Ketentuan Dumping Limbah Kemedia Lingkungan Hidup (Studi Putusan Nomor 333/Pid.B/LH/2021/PN Bdg)

2022-06-07T09:55:17+00:00

Environmental crimes are acts of pollution, environmental destruction and other acts that violate the provisions of the applicable laws, which cause a decrease in quality and direct or indirect changes to the physical and/or biological environment. The problem in this research is how is the responsibility of a corporation in the form of a limited liability company as a perpetrator of environmental crimes and how is the application of punishment to corporations in the form of a limited liability company as perpetrators of crimes environmental crime (Study of Decision No. 333/Pid,B/LH/2021/PN Bdg). The legal research method used is a normative juridical method, namely the analysis carried out to collect data by means of a literature study. Based on the results of research conducted on Decision No. 333/Pid.B/LH/2021/PN.Bdg, it can be concluded that the responsibility is borne by the corporation itself, represented by Tan Djioe Han Als Djohan as director of PT. Grand Pioneer Industry. The defendant was found guilty by the panel of judges. Furthermore, the defendant was proven legally and convincingly to have violated the fourth alternative indictment which had fulfilled the formal and material requirements, namely Article 104 in conjunction with Article 116 paragraph (1) of Law Number 32 of 2009. The defendant was sentenced to a fine of Rp. Rp. 75,000,000,- (seventy five million
rupiah), as well as additional criminal or disciplinary action in the form of obligation to repair the consequences of a criminal act.

Kedudukan Hasil Autopsi Sebagai Alat Bukti dalam Perkara Tindak Pidana Pembunuhan (Studi di Kepolisian Resor Pematangsiantar)

2022-08-05T06:34:25+00:00

At the stage of the investigation into the crime of homicide, an evidence process is needed to determine whether the perpetrator of the crime was right or not to commit the crime that occurred. One of the steps taken to find evidence in a homicide case is an autopsy conducted by a forensic doctor. The problem in this study is how the position of the autopsy results as evidence in the case of the crime of murder (study at the Pematang Siantar Police Resort). This study uses a Juridical Empirical Research method using a Conceptual Approach Method to collect primary data by conducting interviews with the Pematang Siantar Resort Police who act as investigators in the process of proving the crime of murder in the jurisdiction of the Pematang Siantar Resort Police and also using secondary data. Based on the research conducted, the results obtained that the position of the autopsy results for the purpose of proving the crime of murder is classified as valid documentary evidence. Then the obstacle faced by investigators in taking autopsy results as documentary evidence is that sometimes there are families who do not agree to autopsies on victims.