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MLJ Merdeka Law Journal
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This is an Open Access Journal

Open Access journal
ISSN (Print) 2722-7448 - ISSN (Online) 2722-7456
Published by Universitas Merdeka Malang

[7 journals]

Tinjauan Yuridis Terhadap Pemeriksaaan Saksi Dalam Perkara Pidana Pada
Persidangan Secara Teleconference di Masa Pandemi Covid-19
- Authors: Kurnia Aji Nugroho
  Pages: 89 - 99
  Abstract: This study aims to examine the validity of remote witness examination (teleconference) at trials during the Covid-19 pandemic and the evidentiary power of remote witness examination (teleconference) at court hearings. This study uses normative legal research methods. The results showed that the use of teleconferences in criminal trials is legal / valid in order to obtain material truth, by applying the provisions of the Criminal Procedure Code in principle not violating the provisions of the applicable Law and as long as the witness meets the following conditions: a) Witnesses must first take an oath. b) Witness testimony is stated orally through audio-visual communication devices/ teleconference at the trial. c) The content of the testimony must be about what the witness saw, heard, and experienced, and mention the reason for the knowledge. d) The witness testimony is consistent with each other. The evidentiary power of testimony through video conferencing in criminal trials is strong.
  DOI : https://doi.org/10.26905/mlj.v3i2.9213
  PubDate: 2022-11-20
  Issue No: Vol. 3, No. 2 (2022)
Penerapan Hukum Terhadap Tindak Pidana Pengalihan Objek Jaminan Fidusia
- Authors: Sulianto Sulianto
  Pages: 100 - 116
  Abstract: This study aims to examine the criteria for transferring fiduciary security objects into a criminal offense and the application of law in the case of criminal acts of transferring fiduciary security objects. This study is a nomrative legal research because it examines and analyzes the criteria for transferring fiduciary security objects according to the provisions of Law No. 42 of 1999 concerning Fiduciary Guarantees. The results show that there are two criteria where the act of transferring the object of fiduciary guarantee becomes a criminal offense, namely: a) The act of transferring the object of fiduciary guarantee which is carried out without the written consent of the Fiduciary Recipient. b) The act of transferring the object of fiduciary guarantee which is carried out when the fiduciary encumbrance process is not carried out jointly between the creditor and the debtor, but only based on the standard clause, namely the granting of power from the debtor to the creditor in accordance with Article 18 paragraph (1) letter h of Law No. 8 of 1999 concerning Consumer Protection.
  DOI : https://doi.org/10.26905/mlj.v3i2.9219
  PubDate: 2022-11-20
  Issue No: Vol. 3, No. 2 (2022)
Kebijakan Formulatif Pengaturan Perampasan Aset yang Berasal Dari Tindak
Pidana Korupsi
- Authors: Hardian Prasetya
  Pages: 117 - 132
  Abstract: This study aims to formulate policies for regulating asset forfeiture from corruption crimes in ius constitutum or positive law in Indonesia and formulate policies for regulating asset forfeiture from corruption crimes in ius constituendum or future law in Indonesia. The method used in this study is normative legal research method. The results show that the formulative policy of asset forfeiture in positive law in Indonesia is still regulated in general and broadly in the Criminal Code, Law No. 20 of 2001 jo. Law No. 31 of 1999 on the Eradication of Corruption and Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering. In addition, it is also regulated in PERJA Number: 013/A/JA/06/2014 concerning Asset Recovery, PERJA Number: PER-027/ A/JA/10/2014 concerning Guidelines for Asset Recovery and PERJA Number: 7 of 2020 concerning the Second Amendment to the Regulation of the Attorney General Number: Per-027/A/JA/10/ 2014 concerning Guidelines for Asset Recovery
  DOI : https://doi.org/10.26905/mlj.v3i2.9219
  PubDate: 2022-11-20
  Issue No: Vol. 3, No. 2 (2022)
Pemidanaan Terhadap Anak Sebagai Pelaku Tindak Pidana Terorisme
- Authors: Hengky Prasetyo
  Pages: 133 - 147
  Abstract: This study aims to examine the criminalization of children as perpetrators of terrorism and the appropriate criminal sanctions against children as perpetrators of terrorism. This study uses normative legal research method because it examines and analyzes the criminalization of children as perpetrators of terrorism and the regulation of sanctions. The result of the study is that a child involved in terrorism network receives special protection from the state based on the mandate of UUPA considering that the child as a perpetrator of terrorism is actually a victim of the terrorism network itself. Regarding Child Perpetrators of Terrorism crimes, the SPPA Law has not regulated the handling of Child Perpetrators of terrorism. However, children are still children who must be protected and fulfill all their rights. The concept of criminal responsibility applied to adults cannot be applied to children as perpetrators of terrorism, as stipulated in Law No. 11/2012 on Juvenile Justice System.
  DOI : https://doi.org/10.26905/mlj.v3i2.9214
  PubDate: 2022-11-20
  Issue No: Vol. 3, No. 2 (2022)
Penerapan Sanksi Denda Tilang Elektronik Traffic Law Enforcement (E-TLE):
Berdasarkan Undang-Undang No. 22 Tahun 2009 Tentang Lalu Lintas dan
Angkutan Jalan
- Authors: Anjar Rudi Admoko
  Pages: 148 - 156
  Abstract: This study aims to examine several things, namely the imposition of fines and obstacles in the application of Electronic Traffic Law Enforcement (E-TLE) fines in the Sura-baya City area and solutions in overcoming obstacles in the application of Electronic Traffic Law Enforce-ment (E-TLE) tickets to traffic violators in the Surabaya City area. The type of research used is the legal research method. The results showed that the application of E-tickets, the application of fines for electronic traffic law enforcement (E-TLE) tickets went smoothly. The number of violations encountered in the field during the process is motorcycle drivers not wearing helmets, violating markings, and violating speed limits. The solutions carried out in overcoming the obstacles that occur during the implementation of the electronic ticketing system are: a) Increase the number of CCTV installations on a number of roads in Surabaya City, b) Expand the socialization of electronic ticketing, and c) Reduce the name transfer fee.
  DOI : https://doi.org/10.26905/mlj.v3i2.9220
  
  PubDate: 2022-11-20
  Issue No: Vol. 3, No. 2 (2022)
Penerapan Kebijakan Formulatif Pengaturan Pembuktian Terbalik Tindak
Pidana Korupsi Graftifikasi
- Authors: Misael Asarya Tambunan
  Pages: 157 - 182
  Abstract: This study aims to examine the formulative policy of reversing the provision of proof of the crime of graft corruption in the ius constitutum or positive law in Indonesia and the ius constituendum policy or future law in Indonesia. This research is a normative legal research. The results of the study show that the formulative policy for reversing proving of corruption in the ius constitutum or positive law in Indonesia is regulated in Article 12B of Law No. 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes does not yet reflect justice and legal certainty. Article 12B 12B Law No. 20 of 2001 concerning Amendment to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes which regulates Gratification is contrary to Article 27 paragraph (1) of the 1945 Constitution. This is related to the principle of equal rights. Likewise, the formulation of the Norms Article 12 B Paragraph (1) is contrary to the provisions of Article 37 of the Corruption Crime Act.
  DOI : https://doi.org/10.26905/mlj.v3i2.9261
  PubDate: 2022-11-20
  Issue No: Vol. 3, No. 2 (2022)
Prosedur Penyelidikan Terhadap Tindak Pidana Yang Dilakukan Oleh Anggota
TNI AD (Studi di Subdenpom V/4-3 Pamekasan)
- Authors: Maskun Maskun, Setiyono Setiyono
  Pages: 183 - 192
  Abstract: This study aims to examine and analyze the Investigative Procedures Against Criminal Acts Performed by Indonesian Army Soldiers in Subdenpom V/4-3 Pamekasan and the obstacles in the Investigation Procedures Against Crimes Performed by Indonesian Army Soldiers in Subdenpom V/4-3 Pamekasan. Using the interactive analysis model or Interactive Model of Analysis, it was found that the procedure for investigating crimes committed by TNI AD Soldiers at Subdenpom V/4-3 Pamekasan was in accordance with what was mandated in Chapter IV Part One Articles 69 to 98 of Law Number 31 of 1997 regarding military justice which contains an investigation starting from the existence of a police report, requirements for a police report, summons to suspects and witnesses, examination of suspects and sanctions, arrest and detention and carrying out of investigations. Obstacles in Investigating Procedures for Crimes Performed by Indonesian Army Soldiers are the lack of witness participation in providing information in the investigation process, there are still some investigators whose education level is still low, the limited number of personnel and the lack of budget for investigations.
  DOI : https://doi.org/10.26905/mlj.v3i1.9432
  PubDate: 2022-11-20
  Issue No: Vol. 3, No. 2 (2022)