A review by the prosecutor in a criminal case is a paradox that occurs in the criminal law system, where the legal practice is contrary to the values and legal norms as regulated in the Criminal Procedure Code. However, in practice, judicial review is often carried out by prosecutors on the grounds that there is court jurisprudence that decides the case, as a result the law does not reflect justice and certainty and even tends to conflict with the legal interests of the convict and his heirs. The research method uses a normative juridical method with an emphasis on literature study. analysis is carried out on legal norms, both the law in statutory regulations and the law in court decisions). The conclusions drawn are that the submission for judicial review is solely for the benefit of the convict and his heirs, the law and the constitution do not authorize the prosecutor to conduct a review, that the review carried out by the prosecutor is not a legal discovery but only an interpretation of the law, the submission of a judicial review by the prosecutor is a form of court error which indicates that there is a logical fallacy in the practice of criminal law in Indonesia. Suggestions for developing the theme of this paper is that the Supreme Court should issue a circular containing prohibitions and restrictions for prosecutors to apply for a review or conduct a judicial review and annulment of cases that are submitted for review by the prosecutor
Kajian ini dilaksanakan agar bisa mencari tahu upaya pembuktian atas beban pembuktian terbalik pada tindak pidana korupsi. Kajian ini tergolong sebagai kajian hukum normatif. Dilakukan menggunakan pendekatan undang-undang, serta konseptual.Bahan hukum primer berwujud undang-undang terkumpulkan mempergunakanprosedur inventarisasi maupun kategorisasi.Bahan hukum yang didapat setelah dihimpun dan disusun, kemudian dianalisa serta diidentifikasi dengan mempergunakan teknik analisis prespkriptif melalui metode sistematisasi. Sehingga dapat ditarik kesimpulan dan memberikan saran sesuai dengan permasalahannya. Dalam pembuktian terbalik, yang wajib melakukan pembuktian ialah terdakwa. Sesudah terdakwa mendapatkan perintah dari hakim selama memeriksa persidangan pengadilan. Walau Perundang- Undangan No. 8 Tahun 2010 perihal Pemberantasan Tindak Pidana Pencucian Uang tanpa memperjelas perihal waktu terbaik untuk terdakwa membukatikan hartanya, tetapi bila mencermati sistematika pengadilan. Oleh sebab itulah, saat pemeriksaan atau mendengar keterangan terdakwa itulah saat yang tepat untuk melakukan proses pembuktian. Tahap membuktikan tindakan yang dilaksanakan terdakwa memiliki tujuan guna menjelaskan asal muasal harta kekayaan, diikuti oleh bukti yang memperjelas waktu, asal, dan upaya mendapatkan harta kekayaan.
Many cases in Indonesia use voice recordings as evidence. However, many people do not understand very well whether the voice recording can be used as evidence. Voice recordings can be used as evidence depending on how to obtain them. Evidence has been regulated in the Criminal Procedure Code. However, it is not explained about the evidence in detail, especially evidence of voice recordings that use electronic media. In the Law of the Republic of Indonesia Number 19 of 2016 About Changes For Law Number 11 of 2008 concerning Information and Electronic Transactions of voice recordings has been regulated in it. But the rules are vague and not detailed. Thus it is necessary to conduct research related to the strength of sound recording evidence in solving criminal cases. The author will explain the power to validity of sound recording evidence. The research method used by the author normatively is based on the relevant Laws and Regulations. The author also uses the method of the Law and conceptual approach, and the technique of collecting legal materials taken through literature studies
Sexual crime against children is a crime that violates morals which has a very large impact on children who are a nation's asset whose existence is protected by law, it is appropriate if child predators are punished for criminal acts committed from an accountability for actions that tarnish the nation's moral values. Through Law of the Republic of Indonesia Number 17 Year 2022 and explicitly the mechanism of chemical castration is regulated in Government Regulation No. 70 of 2020 which is a form of care and protection for children who are vulnerable to the dangers of sexual crimes. Chemical castration has the potential for harmful side effects on the defendant's body as the person being executed, these harmful effects can arise as a result of the drugs or injections used while the effects are osteoporosis, fat accumulation, depression, diabetes and heart disease. From the side effects that endanger the life of the defendant, the government as the legislator of Government Regulation number 70 year 2020 which contains a void in legal norms should consider adding anticipatory action rules and actions that must be taken if the defendant gets side effects during or after chemical castration is carried out
The purpose of this research is to find answers and legal certainty related to criminal responsibility for someone who is said to be a psychopath and also to seek legal certainty whether a psychopath can be sentenced to criminal penalties using Article 338 of the Criminal Code. The researcher uses this type of normative legal research which aims to find the rule of law, legal principles, and actual legal doctrines in order to provide answers and solve a problem on the legal issue being studied. By using the concept that the researcher has created, and the researcher wants to explain the criminal liability for a psychopath who has committed a crime of murder, and determine which legal rules are appropriate and can be imposed on a psychopath, as well as explain that a psychopath is different from someone who has a mental disorder. mental, so that it can be used as a reference or comparison for the imposition of criminal penalties. And also looking for answers, he can see a person suffering from a psychopathic disorder from various public views to provide legal certainty. So that it can provide answers and references for the wider community regarding criminal liability against a psychopath
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