NOMMENSEN JOURNAL OF TOEREKENBAARHEID LAW

PENERAPAN HUKUM PIDANA TERHADAP GURU SEBAGAI PELAKU TINDAK PIDANA KEKERASAN TERHADAP ANAK DI BAWAH UMUR (Studi Putusan Nomor : 353/Pid.Sus/2020/PN Mdn)

Samuel Waruwu — 2022-05-27

In conducting education in schools, it is not uncommon to find objects from students. Where teachers in educating minors, especially in terms of discipline, often unscrupulous teachers in schools commit violent crimes against their students, such as the case in Decision Number: 353/Pid.Sus/2020/PN Mdn.This study uses a normative juridical research method with data collection methods used are
library research and document studies. By processing primary and secondary legal materials qualitatively.The results of the study concluded that the teacher's criminal responsibility as perpetrators of criminal acts of violence against minors (Study Decision No. 353/Pid.Sus/2020/PN Mdn) is as regulated and is subject to criminal penalties in Article 80 paragraph (1) of the Law. Republic of Indonesia Number 17 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. The author concludes that in principle teachers have the right to educate and discipline their students at school because it is useful for improving children's morals and discipline which is useful for their future. However, the author does not agree with the teacher's actions in disciplining children to do physical violence, because acts of violence can worsen the psychology of children because of the violence that befell them. So that the application of criminal law against teachers as perpetrators of criminal acts of violence against minors in Decision No.353/Pid.Sus/2020/PN Mdn has complied with the applicable child protection law in Indonesia.

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PERDAGANGAN ORANG UNTUK KEPENTINGAN SEKS KOMERSIAL TERHADAP ANAK YANG DILAKUKAN OLEH IBU KANDUNG (Studi Kasus Nomor : 1451/Pid.Sus/2021/PN-MDN)

Aldri — 2022-05-27

A Trafficking in persons has been going on for a long time which is against human dignity and worth. This is a violation of human rights, which humans should have protected under Pancasila and the 1945 Constitution. Trafficking in persons is a well-organized crime, from conventional to modern methods. In this organized crime, build a network from National to International. This organized crime includes any group of people whose main activity is to violate criminal law to obtain illegal profits and power by carrying out criminal activities. Based on the above background, there are identification of problems, namely First, How is the criminal responsibility of perpetrators of criminal acts of trafficking in persons for the benefit of commercial sex against children committed by biological mothers (study of decisions number: 1451/Pid.Sus/2021/PN-MDN), Second, How the basis for consideration of the judge's decision in imposing a sentence on the perpetrator of the criminal act of trafficking in persons committed by the mother against her biological child based on (study of decision Number :1451/Pid.Sus/2021/PN-MDN). The research used is a normative juridical research method, namely examining legal principles and analyzing problems, studying and examining through an approach to legal principles and legislation with reference to Law Number 21 of 2007 concerning eradication of criminal acts of trafficking in persons. The causative factors that lead to human
trafficking are lack of education, difficult economic factors, and the most influential are the desire to get rich quick and the social environment of each individual. causes them to look for shortcuts to get money in order to meet their daily needs or just to fulfill their social life. With the birth and passing of a law that specifically regulates Law Number 21 of 2007 concerning the eradication of the criminal act of trafficking in persons, the existence of this law can become a "legal umbrella" that can provide protection for victims. As for the perpetrators and potential perpetrators, it is a warning that the crime of trafficking in persons is an act that can be punished, which is also an extraordinary crime and violates human rights.

TINJAUAN YURIDIS PELAKU TINDAK PIDANA YANGDENGAN SENGAJA MENGEDARKAN SEDIAAN FARMASI YANG TIDAK MEMILIKI KEAHLIAN DAN KEWENANGAN (STUDI PUTUSAN NOMOR 118/PID.SUS/2021/PN SBR)

Riris Nilawaty Pintubatu — 2022-05-27

The wide distribution of drugs without expertise and authority in society is very worrying for us as a society. This shows that the level of public awareness of the law is still very low so that they tend to commit criminal acts including distributing pharmaceutical preparations without a distribution permit. This research was conducted to find out how the legal regulation of the crime of distributing
pharmaceutical preparations without a distribution permit and the efforts made to overcome them. This study uses a normative juridical method by using secondary data through library research, namely by conducting research on various sources of books, laws and regulations relating to the crime of distributing pharmaceutical preparations without any expertise and authority. The results of
the research conducted can be concluded that the crime of distributing pharmaceutical preparations without the expertise and authority regulated in Law no. 36 of 2009 concerning Health which functions as an optimization of criminal law as a means of preventing crime. The implementation of this law is expected to be able to ensnare the perpetrators of the crime of distributing pharmaceutical
preparations without expertise and authority.

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA MANIPULASI DATA ELEKTRONIK HASIL TEST ANTIGEN SARS COVID19

Christoffel Hasiholan Sihotang — 2022-05-27

The background in writing this thesis is because in recent years there have been frequent frauds related to covid19. The fraud referred to in writing this thesis is more towards the manipulation of electronic data or more precisely the manipulation of doctor's or hospital certificates. So that initially positive can be changed to negative in order to go somewhere. This research method uses analytical methods to collect data by means of a literature study, namely by analyzing the case in Decision Number 335/Pid.Sus/2021/PN Jkt. Pst, which is associated with legislation and related literature. The results of the study in writing this thesis are that the author is more aware of the elements contained in the article relating to the case, especially on fraud and forgery of letters. Where the perpetrators carried out their actions by changing the entire contents of the letterhead belonging to the Citramedika and Halodoc Clinics and then marketed them to the public for personal gain.

PELAKSANAAN KONSEP DIVERSI PADA TINGKAT PENUNTUTAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (Studi Di Kejaksaan Negeri Simalungun)

Michael Randa Sinaga — 2022-05-27

In an effort to protect the future of the nation's successors, efforts are needed to protect children's rights, one of which is through the application of the concept of diversion. The concept of diversion for children is expected to be a better alternative than existing procedures in court. At the prosecution stage, the child public prosecutor is obliged to seek diversion no later than 7 x 24 hours after the
public prosecutor receives the dossier from the investigator, the diversion process is carried out no later than 30 days. Diversion is carried out in consultation with the litigants. As for the formulation of the problem in this paper, how is the implementation of the concept of diversion at the level of prosecution of children in conflict with the law (ABH) at the Simalungun District Attorney, and what
factors are faced by the public prosecutor in implementing the concept of diversion at the level of prosecution of children who are dealing with the law (ABH) at the Simalungun District Attorney. The type of research used by the author is empirical juridical research. Empirical juridical research in other words is also called sociological legal research. Based on the results of research conducted by the Simalungun District Attorney, they have carried out diversion efforts for children who are in conflict with the law in accordance with the provisions of Law No. 11 of 2012 concerning the Juvenile Justice System (UUSPPA), with the mechanism regulated in the Attorney General's Regulation
Number PER-006 /A/JA/04/2015 concerning guidelines for the implementation of Diversion at the prosecution level, There are several factors faced by the Simalungun District Attorney in implementing diversion, namely inhibiting factors and supporting factors, the implementation of diversion at the prosecution stage at the Simalungun District Attorney's Office is often hampered, selfesteem
is still low. become a top priority for people who are in conflict with the law so that they tend to override the rights and interests of children, besides that the desire to provide the best protection for children is still the main reason for seeking diversion.

TINDAK PIDANA MELAKUKAN KEJAHATAN DENGAN SENGAJA DAN TANPA HAK ATAU MELAWAN HUKUM, MELAKUKAN INTERSEPSI ATAU PENYADAPAN ATAS INFORMASI ELEKTRONIK DAN/ATAU DOKUMEN ELEKTRONIK TERTENTU MILIK ORANG LAIN (STUDI PUTUSAN NOMOR 282/PID.SUS/2020.PN.MKS)

Octa Franda Panahatan Lumbantobing — 2022-05-27

The virtual world and the convenience of existing technology are often used by individuals who use this cyber world for personal gain without thinking about the interests of others and moral values, for example, we often hear the term hackers or privacy burglars or wiretapping. Tapping is an activity to listen, record, bend, change. The formulation of the problem in this research is how is the
responsibility for criminal acts against the perpetrators who intercept or intercept electronic information or electronic documents of decision study number 282/PID.SUS/2020.PN.MKS? What is the basis for the judge's consideration in imposing a crime against the perpetrator who committed a crime intentionally and without rights or against the law, interception or wiretapping of electronic
information and/or certain electronic documents belonging to others with the study of decision number 282/PID.SUS/2020.PN. MKS?. In an effort to achieve the objectives of this research, the research method used is a normative juridical approach. Criminal liability is the responsibility of a person for a criminal act he has committed, based on the actions committed by the defendant having carried out an act of wiretapping or interception. The judge in deciding this case is based on etc. as well as non-juridically: looking at the psychological, philosophical, etc. side. So with the facts revealed at the trial

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA PENCUCIAN UANG YANG BERASAL DARI TINDAK PIDANA NARKOTIKA ( Studi Putusan Nomor : 886/ Pid.Sus/2020/ PN. Mdn )

Mario Arya Parade Sagala — 2022-05-27

Current technological developments help society and a country in carrying out daily activities, these activities can be engaged in economic, social and political fields. One of the acts that use technological developments is in the form of crimes involving the financial system, for example diverting a sum of money obtained from the proceeds of a crime which is generally referred to as an act of money laundering or money laundering which is carried out by trying to hide money through a bank to make it look like money obtained from other activities. and avoid the suspicion that the money is illegal. As for the problem in this study is how the criminal responsibility of the perpetrators of money laundering crimes originating from narcotics crimes.The legal research method used in this research is a type of normative juridical research, namely uncovering normative rules and legal principles which are policies in formulating criminal acts and analyzing library materials, one of which is Decision Number 886/Pid.Sus/2020/PN. Mdn. Based on the results of research on Decision
Number 886/Pid.Sus/2020/PN.Mdn, it can be concluded that the judge decides the case based on the elements of the judge's juridical considerations based on Law Number 35 of 2009 concerning Narcotics and the statements of witnesses and evidence are conclusions. law on the facts revealed in the trial. For this reason, the Panel of Judges should be wiser in imposing punishment on the perpetrators of the Crime of Money Laundering originating from the Narcotics Act by imposing penalties that can provide a deterrent effect for the perpetrators of the crime.

PERTANGGUNGJAWABAN PIDANA PELAKU PEMALSUAN IJAZAH UNTUK KEPERLUAN BAKAL CALON ANGGOTA DPRD (Studi Putusan No.162/Pid.Sus/2019/PN.MAM)

Franky Siringoringo — 2022-05-27

A diploma is a certificate or important document belonging to someone who is given to him because he has finished taking the level of education which is issued by the authorized party, namely the Ministry of Education through the education channels listed in the law. This study aims to understand the form of juridical analysis of criminal liability for diploma counterfeiters for the purposes of Prospective DPRD Members (Study of Decision No. 162/Pid.Sus/2019/PN.MAM)”. This research is a normative legal research, with the sources of legal materials are primary and secondary legal materials, with a statutory approach and a case approach, then studied descriptively using deductive and inductive methods to answer the problems studied. Based on the research that the author did about the juridical analyst of criminal liability for diploma falsification for the purposes of Prospective DPRD Members (Study Decision No. does not have a diploma and is deceived by using a fake diploma in order to register as a candidate for DPRD member.