Journal Justice

URGENSI SIDIK JARI SEBAGAI PEMBUKTIAN DELIK

Abd. Majid Mahmud, Maya Lidyawati — Tue, 05 Nov 2024 00:00:00 +0000

The process of taking fingerprints at a crime scene is the initial stage of providing a polycline to maintain the status quo of the (TKP) and then the stage of creating a scenario for a criminal case regarding what kind of action the perpetrator carried out, for example a case of theft in a house he passed through. window, then the perpetrator will hold the window on the right and left side to enter the house, here the inafis start working to look for the most likely traces of fingerprints left on the window using a loop/magnifying glass and flashlight, and it is believed that there are fingerprints then the removal process continues that is, sprinkle magnetic powder on the broom slowly and slowly the fingerprints will appear, after that the removal process using a lifter is attached slowly and slightly pressed so that when lifting the fingerprints the fingerprints will be completely lifted and after the evidence is obtained at the (TKP) then the fingerprints will be removed. The finger will be photographed and enlarged, it will be connected to the database tool of the population e-KTP to search for identity, after the identity has been confirmed then the next step is to compare the similarity of the fingerprints of the suspected perpetrator with the fingerprints at the (TKP), comparing these fingerprints must be 12 fingerprint similarities and a minimum of 11 similarities and here what is meant by similarity is counting the papillary line drawings on the fingers that are unique to each person and if the feelings have been matched and the perpetrator of a crime has been determined then this evidence will be used for the best possible purposes in a case This is for the judicial process in court.

The strength of fingerprints in proving criminal acts is that the level of accuracy is quite high because no two people's fingerprints are the same so that if a criminal act occurs it will certainly point directly to the perpetrator and in reviewing the author who has explained above, it can be concluded Fingerprints are the basis for the evidence obtained at the crime scene (TKP) and from this evidence the fingerprints obtained will be formulated by the Inafis team and the investigative team so that they become documentary evidence for evidence that will be used in the trial, and in At the trial, an expert will be present to provide information based on his expertise, so in this case the validity of fingerprints is no longer in doubt to prove a criminal act, referring to the basic evidence evidence, documentary evidence and expert testimony, all of which are a single process that cannot be ignored. separate.

Keywords: Fingerprints, Evidence

TINJAUAN YURIDIS PERJANJIAN JUAL BELI ONLINE YANG DILAKUKAN OLEH ANAK DIBAWAH UMUR

Juliati Br Ginting, Aini, Muhammad Rio Saputra — Tue, 05 Nov 2024 00:00:00 +0000

The validity of online sales and purchase agreements made by minors according to civil judge Andi Hardiansyah, S.H., M. Hum. in the Tenggarong District Court, Class IB is that the age element is categorized as a subjective requirement for the validity of an agreement. So transactions carried out by minors in e-commerce or online in principle violate the second condition of the validity of the agreement in accordance with Article 1320 of the Civil Code, namely regarding competence and this results in formal defects in the agreement. However, the agreement is still considered valid as long as neither party has any objections regarding the agreement made by the child and it can be cancelled. Then the resolution of disputes over online sales and purchase agreements made by minors according to the opinion of civil judge Andi Hardiansyah, S.H., M. Hum. in the Tenggarong District Court Class 1B there are two versions, if for example someone asks for an annulment and considers the agreement to be invalid, then it could possibly be granted and if for example the seller insists on stating that the agreement is valid then it can be rejected, depending on which way we look at it, for example a child under age, and his parents ask for this agreement to be canceled, then it can be granted that it is canceled, that there is an unlawful act in it. In essence, the resolution of disputes over online sales and purchase agreements made by minors refers to articles 38 and 39 of the ITE Law Number 19 of 2016, Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, meaning that parties can submit to litigation or through litigation. non-litigation such as arbitration, mediation, negotiation and conciliation.

Keywords: Agreement, Online Buying and Selling, Minors.

ANALISIS HUKUM PENCEGAHAN DAN PENANGANAN KORBAN PELECEHAN SEKSUAL DI KABUPATEN KUTAI KARTANEGARA

Riska Aulia Pamasti Putri, Rismansyah, Yudha Sri Wulandari — Tue, 05 Nov 2024 00:00:00 +0000

With the impact of sexual harassment, efforts to prevent and handle sexual harassment are needed so that it does not happen again. Such as prevention efforts, namely encouraging discussion of crime laws, making documentary videos about sexual crimes, trying not to be taken in by threats given by perpetrators, and not wearing clothing that invites lust.

As for efforts to handle victims of sexual harassment, there needs to be collaboration between the Women's Empowerment and Child Protection UPTD together with the Women and Children Protection Unit (UPPA) and other Regional Apparatus Organizations (OPD) in following up on cases of sexual harassment which are rampantly occurring, namely receiving reports both written and online. or reporting from the victim to provide specific and efficient information.

However, in crime prevention strategies which are more theoretically practical, crime prevention is also divided into two types of approaches, namely Preventive Action and Respressive Action. Then carried out raids in Kutai Kartanegara Regency in collaboration with UPTD P2TP2A Women's Empowerment and Child Protection, Kutai Kartanegara Regency, assisted by civil service police units who went directly to the field for the sake of maintaining security and order in the surrounding area with the aim of tackling every form of sexual violence. In this case, in terms of reporting in handling the case, the SOP is applied as a report to the police when receiving the complaint.

Keywords: Prevention, Sexual Harassment

PRAPERADILAN TUNTUTAN GANTI RUGI

Jamaluddin, Dara Marriska — Tue, 05 Nov 2024 00:00:00 +0000

Pretrial Claims for Damages Where the Case Is Stopped at the Investigation and Prosecution Level" This study aims to analyze the mechanism for resolving claims for damages in pretrial at the Tenggarong District Court, focusing on the legal considerations underlying the rejection of the application.

This study aims to examine in depth the mechanism for settling compensation claims in pretrial at the Tenggarong District Court. The mechanism for settling claims for compensation in pretrial at the Tenggarong District Court involves several stages in accordance with the applicable legal provisions. In this context, the applicant filed a claim for compensation due to arrest, detention, and prosecution that was deemed unlawful by law enforcement officials. The losses in question include material and immaterial aspects. The process begins with the submission of an application for damages, which is then followed by an examination of the completeness of the documents and the validity of the claim by a single judge. Judges have an important role in assessing whether the applicant meets the requirements set out in Article 95 of the Criminal Procedure Code (KUHAP).

If the judge finds that the applicant does not meet the legal requirements, then the application will be rejected, and the judgment will declare that the application is inadmissible. This decision reflects the judge's thoroughness in ensuring compliance with applicable legal procedures. The legal considerations underlying the rejection of a claim for damages relate to broader regulations, including the Criminal Procedure Code and Law No. 48 of 2009 on Judicial Power, which gives suspects, defendants, or convicts the right to seek damages for unlawful legal actions.

In decision Number 1/Pid.Pra/2024/PN Trg, the legal consideration of refusal involves the validity of the actions of law enforcement officials and the legal process that has run to the level of Review. The legal provisions state that pretrial does not apply to cases that already have a verdict, so the panel of judges rejected the application submitted. The study also proposes that the police do not need to wait for official directions from the court to make compensation after a decision has permanent legal force, in order to speed up the process and protect the public interest. From the advocacy aspect, lawyers must be more thorough in handling cases and ensure that all legal steps are followed correctly.

Keywords; Pretrial, Claims for Compensation