JURNAL PEMANDHU

PENERAPAN PENYELESAIAN WANPRESTASI MELALUI GUGATAN SEDERHANA MENURUT PERATURAN MAHKAMAH NOMOR 4 TAHUN 2019 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANADI PENGADILAN (STUDI KASUS PUTUSAN NOMOR 3 /PDT.G.S./2021/PN SRL)

Hanif Genang Setyaji — 2025-01-06

The aim of this researc is to find out and analyze the mechanism for simple claims according to supreme court regulation Number 2 of 2015 as amended by PERMA Number 4 of 2019 in the implementation of small claims court and to find out and analyze the special characteristics of settling small claims in civil cases and what are the differences in procedures ordinary civil examination with an examination of the settlement of a simple lawsuit as well as to find out and analyze the Judge's considerations in deciding case number 3/Pdt.G.S/2021/PN Srl. The research method used is normative juridical research. The results of this research are first, the criteria for cases that can be resolved using a simple lawsuit mechanism are regulated in Article 3 and Article 4 of Perma Number: 2 of 2015 as amended by Perma Number 4 of 2019 concerning simple lawsuits. Second, simple lawsuits are filed in cases of breach of contract and/or unlawful acts with a maximum value of material claims of IDR 500 million, whereas in lawsuits in ordinary civil cases, the amount of material losses is not limited to the amount. Third, the judge's considerations regarding Decision No. 3/Pdt.G.S/2021/PN Srl Concerning Simple Lawsuit Regarding Default in credit agreement between PT. Jambi Citra Sahabat People's Credit Bank as the plaintiff with Sumirah as the defendant. In his decision no. 3/Pdt.G.S/2021/PN Srl, the Judge stated that he granted the Plaintiff's lawsuit in part, stated that by law the Defendant's actions were a breach of contract against the Plaintiff, sentenced the Defendant to pay in full immediately without conditions the entire remaining loan/credit (principal + interest + fine) to the Plaintiff in the amount of Rp. 25,548,072.00 (twenty five million five hundred forty eight thousand seventy two rupiah), sentenced the Defendant to pay court costs in the amount of Rp. 412,000.00 (four hundred and twelve thousand rupiah) and rejected the Plaintiff's claim for other than that.

Keywords: Simple lawsuit, default

PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN SEKSUAL BERDASARKAN PRINSIP-PRINSIP HAK ANAK (STUDI DI WILAYAH HUKUM POLRES TANGERANG)

Muhamad Husein — 2025-01-06

This study aims to analyze the implementation of policies on legal protection for child victims of sexual crimes, identify the impacts caused by sexual violence against children, and develop efforts to minimize the problems faced by child victims of sexual violence. This study focuses on the Tangerang Police. The method used is a normative legal method within a qualitative framework, which involves a study of legal literature such as court decisions, laws and regulations, and legal doctrines, as well as an evaluation of the substance, structure, and culture of law through document studies, content analysis, and in-depth interviews with various related parties to provide a comprehensive picture of legal protection for children as victims of sexual abuse, especially in the jurisdiction of the Tangerang Police, with the aim of offering recommendations for improvements in the legal system and child protection mechanisms. The results of the study show that the implementation of legal protection policies for child victims of sexual crimes includes various laws and coordination between the police and related agencies, although it still faces challenges in its implementation. In addition, sexual abuse of children has a negative impact on the physical and mental health of victims, and the implementation and focus on child trauma recovery still need to be strengthened. Efforts to minimize sexual violence against children require a holistic approach involving law enforcement, education, public awareness, government protection, and psychological support and rehabilitation for victims.

Keywords: Legal protection, sexual violence, children's rights.

TINJAUAN YURIDIS PENERAPAN RESTORATIVE JUSTICE DALAM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA PADA TINGKAT PENYIDIKAN DI POLRES METRO TANGERANG KOTA

Eko Syukri Mulyadi — 2025-01-06

The purpose of this paper is to find out and analyze the application of Restorative Justice in resolving domestic violence cases, obstacles and how to overcome obstacles in implementing restorative justice in resolving domestic violence cases, and legal justice for resolving domestic violence cases using restorative justice for the parties at the Tangerang City Metro Police. This research uses empirical legal research. In this research, the author examines a case study regarding the application of Restorative Justice in resolving domestic violence cases based on data from interviews and documents at the Tangerang City Metro Police. The results of this research are 1). The implementation of Restorative Justice in resolving domestic violence cases at the Tangerang City Metro Police has been going well according to existing regulations but is not yet optimal. This is because not all incoming cases can be resolved by choosing the Restorative Justice resolution route. Here the police have tried their best but still all the chosen case resolution paths are completely handed over to the parties with the assistance of the process by the police. 2). The obstacles to implementing restorative justice at the Tangerang City Metro Police include the passive nature of investigators, the ego nature of the parties who want to win for themselves, the demands of the reporter not being met and the reported parties not meeting during deliberations. The way to overcome obstacles to restorative justice at the Tangerang City Metro Police is to provide understanding to the parties when they come to report to the Tangerang City Metro Police, and provide additional education to PPA Unit personnel so that investigators can improve their quality and capacity in resolving cases. 3). Legal justice in the implementation of restorative justice for the parties carried out at the Tangerang City Metro Police, namely justice for the reporter, the existence of an agreement and special attention from the police in resolving the case that occurred by giving a deadline and feeling that their rights as women are protected. Meanwhile, legal justice for the reported party is that they are not intimidated by any party, and the process is in accordance with appropriate procedures.

Keywords: Restorative justice, domestic violence, investigation

ANALISA PERTIMBANGAN MAJELIS HAKIM DALAM MEMUTUS PERKARA TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (STUDI KASUS PUTUSAN NOMOR: 198/PID.B/2020/PN SRL)

Muhamad Sofyan — 2025-01-06

Crime is increasing in various aspects of life, even though criminal law, both material and formal, as well as the punishment system have been implemented in eradicating crime. One form of crime is aggravated theft. The aim to be achieved is, firstly, to find out and analyze the application of the Material Criminal Law to perpetrators of criminal acts of theft with weights in decision number 198/Pid.B/2020/PN Srl. Second, to find out and analyze whether judges in giving sanctions to perpetrators of criminal acts of theft with weights reflect legal certainty. Third, to find out and analyze the considerations of the Panel of Judges in deciding criminal case Number: 198/Pid.B/2020/PN Srl. The research method used is normative juridical research. The research method used is the normative legal research method. The results of the research are first, theft in aggravating circumstances is translated as special theft, namely as a theft in a certain way so that it is more serious and therefore is threatened with a higher maximum sentence, namely more than five years' imprisonment or more than the previous sentence. threatened under Article 362 of the Criminal Code. Second, aggravated theft or theft is qualified as regulated in Articles 363 and 365 of the Criminal Code. Doctrine or legal theory (legal theory) plays an important role in guiding the Panel of Judges to formulate decisions that are of good quality and able to accommodate the objectives of the law, namely justice, certainty and usefulness of the law. The element of certainty in law is closely related to order in society, because certainty is the essence of order itself. Guarantees of legal certainty will emerge if the state has adequate and effective facilities to implement existing regulations. Certainty means a provision or determination. Third, based on the judge's considerations, which in his considerations refer to both juridical and non-juridical aspects, according to the author of decision number 198/Pid.B/2020/PN Srl, he has fulfilled the principle of legal certainty.

Keywords: Crime, theft with aggravation, legal certainty.

ANALISIS YURIDIS PUTUSAN HAKIM TINDAK PIDANA KORUPSI YANG DILAKUKAN OLEH ANGGOTA DPRD PROVINSI DKI JAKARTA (STUDI KASUS PUTUSAN NOMOR41/PID.SUS-TPK/2019/PT DKI)

Niko Auladi — 2025-01-06

Abstract

The crime of corruption is a violation of the economic rights of the community, so that the crime of corruption is no longer classified as an ordinary crime but has become an extraordinary crime and even tends to increase and develop in society along with economic progress, even though the act of corruption is seen from any angle as very reprehensible. . The aim of this research is to find out the provisions for the application of criminal law to perpetrators of Corruption crimes in decision number 41/Pid-Sus-TPK/2019/PT DKI, to find out the obstacles in the application of Corruption criminal law for perpetrators, to find out the judge's considerations in handing down decisions in Corruption crime case in decision number 41/Pid-Sus-TPK/2019/PT DKI against members of the DKI Jakarta Provincial DPRD. The research methods used are normative juridical and empirical juridical research using a statutory approach, case approach, conceptual approach and analytical approach as well as interviews with the Panel of Judges, Registrars and Witnesses in the DKI Jakarta area. The research results obtained: 1. The legal basis for eradicating Corruption Crimes in Indonesia and has been implemented, 2. Obstacles in the Implementation of Corruption Crime Laws for Perpetrators, namely obstacles from the Law side, obstacles from the Law Enforcement side, and obstacles from the Legal Culture side, 3. Judges' considerations and verdicts In deciding the case, a breakthrough was made based on SEMA No. 3 of 2015 concerning the Results of the Supreme Court Criminal Chamber Meeting, allowing the Panel of Judges to make a breakthrough.

Keywords: Corruption, judge's decision, application of criminal law

ANALISIS YURIDIS PENERAPAN SANKSI TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA Studi Kasus Putusan Nomor 513/Pid.B/2020/PN Jkt Utr

Muhammad Solihin — 2025-01-06

Abstract

The aim of this research is to find out how material criminal punishment is applied to perpetrators of non-criminal domestic violence (KDRT) of physical violence by husbands against wives, to know the factors that cause domestic violence, and to know the judge's considerations regarding perpetrators of criminal acts of domestic violence. domestic violence (KDRT) acts of physical violence by a husband against his wife in decision number 513/Pid.B/2020/Pn. Jkt. Utr. The research method used is normative juridical type, descriptive analysis in nature. So that primary data and secondary data are analyzed qualitatively in order to obtain a conclusion that can be justified scientifically. The results of this research are that the application of material criminal penalties for criminal acts of perpetrators of domestic violence (KDRT), physical violence against husbands against wives, is in accordance with applicable laws and regulations. The factors that cause domestic violence are individual factors, partners, infidelity, economics, third person interference, differences in principles, and social culture. The judge's considerations in decision number 513/Pid.B/2020/Pn. Jkt. Utr article 44 paragraph (4) Republic of Indonesia Law number 23 of 2004 concerning the Elimination of Domestic Violence committed by husbands against wives provides legal certainty by imposing punishment on the defendant not solely in retaliation for the actions committed by the defendant as a husband against his wife with the aim of so that the defendant is deterred so that he does not repeat his actions in the future. It is hoped that knowledge of acts of domestic violence will be increased in terms of acts that are classified as domestic violence and the laws that regulate domestic violence, reduce acts of violence that occur and increase solidarity with people who experience criminal acts in their lives. family.

Keywords: Crime, persecution, against the law

ANALISIS PENERAPAN BLOCKCHAIN DALAM PENYELENGGARAAN ADMINISTRASI PEMERINTAHAN DAN KEUANGAN NEGARA UNTUK MENINGKATKAN KEPASTIAN DAN KEPATUHAN HUKUM: STUDI KASUS DI ESTONIA

Muhammad Fajar Putranto — 2025-01-06

This research aims firstly to analyze the application of blockchain technology in government administration and state financial systems to provide better legal certainty, secondly to analyze how blockchain improves legal compliance in the government sector, especially in the context of transparency, accountability and data integrity, thirdly to identify blockchain technology has an impact on efficiency, security and resilience in state financial management in Estonia. The methodology applied in this research involves analysis of secondary data originating from reliable sources from both the Estonian Government and several leading international institutions. The analysis techniques used include descriptive and comparative analysis, comparing Estonia's achievements with other countries that have not fully adopted blockchain technology. The first result of this research is the Application of Blockchain Technology in the Government Administration System within the framework of the rule of law. The two fundamental principles that are often the central point are compliance and legal certainty. The two Aspects of Blockchain in Helping the State Financial System to Improve Legal Compliance such as Data Transparency and Immutability, Secure Digital Identity, Smart Contracts, Monitoring and Tracking Transactions, the three positive impacts of blockchain on efficiency, security and resilience in financial management countries in Estonia are Data Transparency and Integrity, Secure Digital Identity, Public Expenditure Tracking, Smart Contracts, Improved Data Security Better Tax Monitoring.

Keywords: Government administration, state finances, blockchain, law enforcement.