Dinamika Hukum

PERLINDUNGAN INVESTOR TERHADAP TINDAK PIDANA INSIDER TRADER DI TRANSAKSI PASAR MODAL

ARISTA HIDAYATUL RAHMANSYAH — 2024-08-23

Transactions in the capital market must take place fairly, transparently and adhere to the
principles of integrity in order to provide optimal benefits for all parties involved. This research
aims to analyze investor protection against criminal acts of insider traders who trap local
brokers in market transactions. capital. The method used is normative law (normative juridical).
The data source is statutory regulations relating to criminal law, especially regarding the
application of Insider Trading in the Capital Market. The data analysis used in this research is
qualitative analysis. The results of the research in this research are that Article 95-97 in Law
Number 8 of 1995 concerning Capital Markets in Indonesia regulates investor protection
against insider trading, which is defined in Article 95 as stock trading based on material
information that has not been announced to the public. Article 96 prohibits this practice and
applies to holders of material information with special access to that information, including
company officers and majority shareholders. Article 97 explains who is considered the holder
of material information. Articles 98-99 regulate sanctions such as large fines, prison sentences,
and a ban on participating in the capital market for insider trading, with the aim of preventing
losses for the capital market and investors. These articles also emphasize the importance of
supervision by the Financial Services Authority (OJK) in maintaining the integrity and
openness of the capital market through investigations and cooperation with other legal
agencies.
Keywords: Investor Protection, Inside Trader, Local Broker, Capital Market

PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENIPUAN

DONNA BRIADI — 2024-08-23

The purpose of this study is to examine the criminal law enforcement of
perpetrators of fraud and the judge's consideration in applying criminal sanctions
against perpetrats of fraude in judgment No. 27/Pid.B/2022.Pn/Byl. The type of
research used is normative jurisprudence. The nature of the research is descriptive. The
data source used is a secondary data source consisting of primary legal material,
secondary legal materials, tertiary law materials. Data collection techniques using
library studies. Data analysis techniques using qualitative descriptive analysis. The
results of the investigation indicate that criminal law enforcement against perpetrators
of fraudulent crimes in judgment No. 27/Pid.B/2022.Ms./Byl was awarding a ninemonth prison sentence to Accused Achmad Sopandi along with Accused H. Parudy for
legitimately proving and convicting him of committing a fraud criminal offence Based
on the judge's consideration in applying criminal sanctions against perpetrators of
fraud offences in judgment No. 27/Pid.B/2022.Pn/Byl is based on the testimony of
witnesses, the indictment of the accused and clues or goods as well as the factors that
alleviate and aggravate the accused.
Keywords: law enforcement, crime, fraud

PERTANGGUNG JAWABAN HUKUM PADA ANAK TERKAIT TINDAK PIDANA BULLYING YANG MENYEBABKAN KEMATIAN MENURUT PASAL 80 AYAT (3) KUHP

FAJAR SETIAWAN — 2024-08-23

Acts of bullying against children that result in death are serious tragedies
that require special attention in the realm of children's law. This phenomenon
shows the need for strengthening and legal protection of children's rights, in line
with legal developments that increasingly focus on humanitarian aspects and
protection of vulnerable groups. Crimes of violence against children that result in
death create an alarming situation in society.
The aim of this research is to determine the legal responsibility of children
and the basic considerations in deciding cases of criminal acts of bullying against
children which cause death according to Article 80 paragraph (3) of the Criminal
Code in Decision Number: 20/PID.SUS-ANAK/2023 /PT. SBY.
This research method uses a type of normative juridical research, namely
legal research which is carried out by examining library materials or secondary
data as basic material for research by conducting searches on regulations and
literature related to the problem being studied. The type of data in this research is
secondary data, which is data obtained by researchers from library research and
documentation, which is the result of research and processing by other people,
which is already available in the form of books or documentation which is usually
provided in libraries.
Research results: The legal responsibility of children in cases of criminal
acts of bullying against children that result in death involves various factors,
including the age of the perpetrator, the laws in force in certain countries or
jurisdictions. In some jurisdictions, children under a certain age may not be
punished in a certain way. just like adults. The basis for consideration according
to the appeal request from the Appellant/Public Prosecutor is submitted within the
time limit and according to the methods specified in the law, therefore the appeal
request can formally be accepted. In accordance with the purpose of punishment
itself, among other things, it is to educate children to improve themselves
(corrective), it also has the character of deterring the perpetrator and has a
preventive nature (prevention) so that criminal acts do not need to happen again,
especially for the perpetrator.
Keywords: Legal Responsibility, Children, Criminal Acts of Bullying

PENJATUHAN PIDANA BAGI WAJIB PAJAK YANG SENGAJA TIDAK MENYETORKAN PAJAK

HERI PRACIKTO — 2024-08-23

The application of criminal penalties for taxpayers who do not deposit tax
based on the decision of the Blora District Court Number 123/Pid.Sus/2022/PN Bla
and the basis for consideration by the Panel of Judges at the Blora District Court,
they decided that the defendant was found guilty and received a prison sentence.\
The method in this research uses normative juridical, meaning that normative
legal research or doctrinal legal research is research that uses secondary data as the
main data. The nature of this research is descriptive analytical, descriptive means
research that will discuss and analyze facts systematically, so that it will be easy to
draw conclusions later. This research's main data is secondary data and primary
data as support. Data collection techniques by conducting literature studies. This
research data analysis uses inductive, namely drawing conclusions starting from
statements or specific facts to lead to general conclusions to specific matters.
From the results of research and analysis, it can be seen that the application
of criminal sanctions for taxpayers who deliberately do not report their obligations in
paying taxes can be sentenced to prison. In special criminal case number
123/Pid.Sus/2022/PN.Bla, the Defendant has legally and convincingly committed a
tax crime, in the indictment the Defendant violated Article 39 paragraph (1) letter i of
the KUP Law in conjunction with Article 64 paragraph (1) of the Criminal Code.
The Panel of Judges who examined and tried and decided agreed that the
Defendant had legally and convincingly violated Article 39 paragraph (1) letter i of
the KUP Law in conjunction with Article 64 paragraph (1) of the Criminal Code, in
which there are elements, namely every person, intentionally, not remitting taxes that
have been withheld or collected can cause losses to state revenues and ongoing
actions. The defendant's actions through PT AIJ, based on data from the Directorate
General of Taxes Information System, PT AIJ's Periodic VAT SPT for the period
January 2019 to March 2019 or more precisely the defendant's criminal acts, namely
those proposed to fulfill the provisions of Article 39 paragraph 1 letter i of the KUP
Law
Keywords : Tak , administrative and penal sanction

ANALISIS YURIDIS KEWENANGAN BAWASLU SELAKU LEMBAGA PERADILAN KHUSUS PENYELESAIAN SENGKETA HASIL PEMILIHAN LANGSUNG KEPALA DAERAH

ISRAN JUHULI — 2024-08-23

This research aims to determine the authority of Bawaslu in carrying out its duties as a
special judicial body for resolving disputes over the results of regional head elections as well as
design inhibiting factors. The subject used was Bawaslu, Buton Regency, Southeast Sulawesi
Province. The data analysis model used in this research is the deduction method analysis. Based
on the research results, it can be concluded that the duties and authorities of the Election
Supervisory Body (Bawaslu) are to implement the provisions of the 1945 Constitution, article 24
paragraph (3), to strengthen or give authority to Bawaslu as a Special Judicial Body for Settlement
of Disputes on Regional Head Election Results and inhibiting factors. establishment of a Special
Judicial Body for Settlement of Disputes resulting from direct regional elections.
Keywords: Bawaslu, authority, dispute, regional elections

PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN PENGANIAYAAN DAN KEKERASAN

LUQIANA BALQIS — 2024-08-23

The objective of this study is to examine the legal protection of children as
victims of persecution and violence and to study the consideration of a judge in
delivering a judgment against an accused in an attempt to provide legal
protection to a child as a victim of persecutions and violence in decision no.
180/Pid.B/2022/PN Sgl. The type of research uses normative jurisprudence with
descriptive research properties. Data sources use a secondary data source
consisting of primary legal material, secondary legal materials, tertiary law
materials. Data collection techniques use library studies. Data analysis
techniques use qualitative descriptive analysis. The results of the study show that
the legal protection provided by the judge against a child as a victim of
persecution and violence is to punish the accused with a criminal sentence of
imprisonment for 2 (two) years and 6 (six) months. The judge's consideration in
delivering a judgment against the defendant in an attempt to provide legal
protection to the child as the victims of persecutions and violence based on the
testimony of the witnesses, the material of the evidence and the indictment of the
defendant plus the conviction of the judges. The judge also considered the facts in
the trial, so that the judge had considered either juridic or non-juridic
considerations that could alleviate or impose a criminal sanction for the accused,
so the defendant.
Keywords: protection of the law, persecution, violence, children

IMPLEMENTASI PERATURAN BUPATI NOMOR 46 TAHUN 2021 TENTANG PEDOMAN PENGELOLAAN DAN PRIORITAS PENGUNAAN DANA DESA

MUHAMMAD BAYU PAMUNGKAS — 2024-08-23

The aim of this research is to examine the implementation of Regent's Regulation
Number 46 of 2021 concerning Management Guidelines and Priority Use of
Village Funds (case study in Jaten village government in 2023) and to find out
how Regent's Regulation Number 46 of 2021 concerning Village Fund
Management is. Guidelines for Management and Priority Use of Village Funds
Implemented. regarding the Village Head's Discretionary Actions in the Jaten
Village Government in 2023 and what obstacles the Jaten village government
experiences in implementing regent regulation number 46 of 2021 concerning
management guidelines and priority use of village funds.
The approach method in this writing is empirical juridical, this research
specification uses descriptive, data sources use primary data and secondary data,
data collection techniques use interview studies and document studies. To analyze
the data, researchers used qualitative descriptive analysis methods.
Implementation of Regent's Regulation Number 46 of 2021 concerning
Guidelines for Management and Priority Use of Village Funds (case study of
Jaten Village Government in 2023) As follows: That the Jaten Village
Government has implemented Regent's Regulation Number 46 of 2021
concerning Guidelines for Management and Management of Village Funds.
Priority: Use of Village Funds properly and according to procedures aimed at
advancing and leveling development in Jaten village according to the priority
scale. The obstacle that occurs in implementing Regent Regulation Number 46 of
2021 concerning Guidelines for Management and Priority Use of Village Funds
(Case study in Jaten Village Government in 2023) is that village officials are not
able to master the technology system.
Keywords : Implementation of Regent Regulations, Management Guidelines and
Priority Use of Funds.

ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENGGELAPAN DALAM PEKERJAAN MENURUT PASAL 374 KUIHP

MOHAMMAD ARNAZ — 2024-08-23

Embezzlement here refers to the act of seizing or controlling someone else's
property without permission or with unlawful intent. The crime of embezzlement is
often related to an inequality of power or position between the perpetrator and the
victim. Perpetrators may have access or positions that make it easier for them to exploit
or usurp the property rights of others. Article 374 of the Criminal Code also reflects
protection for parties who may be weaker or vulnerable, whether in the context of
business, work or financial transactions.
This research method is a normative juridical type, namely legal research carried
out by examining library materials or secondary data as basic material for research by
conducting searches on regulations and literature related to the problem being studied.
Descriptive research is "Research that is intended to provide data that is as thorough as
possible about people, conditions or hypotheses so that it can help in strengthening old
theories, or in the preparation of new theories.
The research results show that law enforcement against criminal acts of
embezzlement in work according to Article 374 of the Criminal Code. Determination of
punishment must be in line with the principles of justice and proportionality.
Consideration of the defendant's personal circumstances, such as life history and other
factors that may influence his or her behavior, may be a factor in determining the
sentence. Judges need to maintain fairness and openness of trials. Decisions taken must
be based on the facts in the trial and not be influenced by external pressure or irrelevant
considerations. Judges must have a deep understanding of the provisions of Article 374
of the Criminal Code which regulates the crime of embezzlement at work. This includes
the elements of the offense, the penalties that can be imposed, and other criteria that
must be considered. The judge needs to evaluate the evidence presented at trial. The
quality and validity of evidence is a key factor in forming a judge's decision.
Keywords: Law Enforcement, Crime of Embezzlement at Work, Article 374 of
the Criminal Code

PENERAPAN HUKUM PIDANA SEBAGAI ULTIMUM REMEDIUM PADA KASUS PERPAJAKAN PASCA UNDANG -UNDANG NO. 7 TAHUN 2021 TENTANG HARMONISASI PERATURAN PERPAJAKAN N

NATHAN THOMAS — 2024-08-23

Countries that have stable economic strength can be classified as large countries.
However, the existence of stable economic strength and prosperity depends on the
level of public awareness in paying their tax obligations. This research aims to
examine a number of 53 tax criminal decisions following the enactment of Law No.
7 of 2021 concerning Harmonization of Tax Regulations in the 2022 tax year based
on the principle of ultimum remedium by looking at the theory associated with this
problem, namely the theory of Justice. Where 35 of the decisions are tax criminal
decisions which will be resolved in 2022 and 18 of the decisions are tax criminal
decisions which will be resolved in 2023. This research uses a library research
method with a Normative Juridical Approach with a data analysis method using
qualitative analysis which is described in the following way. descriptive. The
formulation of the problem discussed is How to Analyze the Application of
Criminal Law as an Ultimum Remedium in Tax Cases Post Law No. 7 of 2021
concerning Harmonization of Tax Regulations. The results of the research show
that based on the analysis of criminal decisions in tax cases that have gone through
the judiciary and have been decided from 2022 to 2023 after Law No. 7 of 2021
concerning Harmonization of Tax Regulations, the principle of ultimum remedium
as the main sanction in punishment has not been fully implemented. convict in a
criminal case in the field of taxation. The principle of ultimum remedium as
intended in article 44B of Law N0.7 of 2021 concerning Harmonization of Tax
Regulations indicates that only fines should be used as punishment for perpetrators
of tax crimes without any prison/imprisonment sentences. However, what will
happen during 2022-2023 is that there will still be many cases of tax crimes using
the Primum Remedium principle where imprisonment/imprisonment is the main
punishment.
Keywords: Ultimum Remedium, Tax Crime, Tax Harmonization Law

IMPLEMENTASI PRAPERADILAN DALAM MELINDUNGI HAKHAK TERSANGKA DAN PIHAK KETIGA DI PENGADILAN NEGERI KOTA SURAKARTA

R. AHMAD NUR RIDO PRABOWO — 2024-08-23

The aim of the research is to examine the implementation of pretrial institutions
at the Surakarta District Court. Obstacles that cause the pretrial control function to not
work as expected. Efforts that can be made so that pre-trial proceedings can run
effectively to realize legal protection for the rights of suspects and third parties from the
investigation, inquiry and prosecution stages.
The background in the Criminal Procedure Code, the criminal justice system in
Indonesia consists of the components of investigators, public prosecutors, judges and
correctional institutions, as law enforcement officers must carry out their duties and
authority consistently, so that the justice system can run in an integrated manner. In
order to carry out the interests of investigating criminal acts, the law has given authority
to investigators and public prosecutors to carry out coercive measures in the form of
arrest, detention, confiscation and search, these legal actions limit or even conflict with
the rights of suspects, therefore this authority is given.
This research method uses normative legal research, namely a process of finding
legal rules, legal principles and legal doctrines to answer the legal issues faced. And the
type of empirical legal research, according to Ronny Hanitijo Soemitro, is legal
research that obtains data from primary data or data or data obtained directly from the
community. The Legislative Approach is an approach taken by examining all laws and
regulations related to the legal issue being handled. The qualitative approach is a way of
analyzing research results that produces analytical descriptive data, namely data
expressed by respondents in writing or orally as well as real behavior, which is
researched and studied as a whole.
The research results show that the implementation of pretrial in protecting the
rights of suspects and third parties at the Surakarta District Court, namely that pretrial
plays an important role in protecting individual rights, especially the rights of suspects
and third parties. This includes the right to freedom, the right to information, the right to
justice, and other rights that may be threatened during the legal process. Several
obstacles can be identified in the implementation of pretrial to protect the rights of
suspects and third parties in the District Court: 1) lack of understanding of the law
among the community. 2) Limited resources, both financial and personnel, can be an
obstacle in providing adequate access to the pretrial process. c) Slow pretrial processes
can reduce their effectiveness in protecting individual rights. d) Political pressure and
public opinion can influence the independence of the District Court in handling pretrial
cases. In an effort to realize the effectiveness of pretrial as a means of legal protection
for the rights of suspects and third parties in the District Court, several steps can be
taken: Holding a legal education campaign targeting the general public, law enforcers
and advocates, to increase understanding of pretrial and rights individual. Create a legal
aid system that is easily accessible for those who need it, especially for those who are
economically disadvantaged. This could include funding for pro bono advocates, free
legal clinics, or affordable legal resources.
Keywords: Pretrial Implementation

KAJIAN YURIDIS TERHADAP DISPENSASI PERKAWINAN DI WILAYAH SURAKARTA TAHUN 2020-2023

SINUNG PRATIWI — 2024-08-23

PENYELESAIAN TINDAK PIDANA DENGAN MENGGUNAKAN RESTORATIVE JUSTICE BERDASARKAN PERATURAN KEPOLISIAN REPUBLIK INDONESIA NOMOR 8 TAHUN 2021

SUWONDO SUWONDO — 2024-08-23

RESTORATIVE JUSTICE BASED ON Republic Of Indonesia Police
Regulation Number 8 Of 2021NUMBER 8 OF 2021"generally examines the
resolution of criminal acts using restorative justice based on Republic Of Indonesia
Police Regulation Number 8 Of 2021 and the obstacles that arise in resolving
criminal acts using restorative justice and how law enforcement officials (Police)
overcome these obstacles.
The method in this research uses empirical juridical, this research uses
primary data as main data and secondary data as supporting data.Data collection in
this research was carried out by conducting field studies and literature studies, data
analysis techniques using arranging and sorting data and organizing them into
patterns, categories and basic units of description.The steps in analyzing this
research data, namely by means of data and information that has been collected from
the research results, both data obtained from interviews with resource
persons/sample respondents can be explained and interpreted logically and
systematically.
From the results of the research and analysis, it can be seen that Unit I
Criminal Investigation Unit of the Grobogan Police, in resolving minor crimes and
not repeat crimes, is resolved using restorative justice. This step was taken by Unit I
of the Grobogan Police considering that the losses incurred were not large as
regulated in the Republic of Indonesia State Police Regulation Number 8 of 2021
concerning Handling of Criminal Acts Based on Restorative Justice. Obstacles that
arise in resolving criminal acts with restorative justice, namely internal consisting of
legal substance and law enforcement factors, external factors, the ego of the victim
and his family, the time and schedule for implementation, the victim asking for very
high compensation, low human resources and the financial inability of the
perpetrator
Keywords : Resolving Crimes, Using Restorative Justice and Republic Of
Indonesia Police Regulation Number 8 Of 2021