Pub Date : 2019-02-28DOI: 10.30598/belovol4issue2page188-203
E. Z. Leasa
A witness is someone who hears, sees and experiences on something that happens. This witness has an important role in disclosing a problem that occurs including legal issues. The description of this witness is very useful for the sake of investigation, prosecution and justice on a matter heard by the witness himself, witness to see himself and his own natural witness. The information of a witness alone is not sufficient to prove a criminal incident in accordance with the principle of Unus Testis Nulus Testis (Article 185 paragraph (2) KUHAP), then the statements of witnesses having blood relation under Article 168 Criminal Procedure Code can not be accepted as valid evidence . Witnesses in domestic violence are very difficult because the cases that occur within the household are very small and the witness has a blood relation, but in abolition of domestic violance act in Article 55 provides an opportunity if only one witness is provided with another legal evidence, concerning the witness who incest abolition of domestic violence act is a lex specialist from KUHAP.
{"title":"Kekuatan Keterangan Saksi Sebagai Alat Bukti Pada Perkara Kekerasan Dalam Rumah Tangga","authors":"E. Z. Leasa","doi":"10.30598/belovol4issue2page188-203","DOIUrl":"https://doi.org/10.30598/belovol4issue2page188-203","url":null,"abstract":"A witness is someone who hears, sees and experiences on something that happens. This witness has an important role in disclosing a problem that occurs including legal issues. The description of this witness is very useful for the sake of investigation, prosecution and justice on a matter heard by the witness himself, witness to see himself and his own natural witness. The information of a witness alone is not sufficient to prove a criminal incident in accordance with the principle of Unus Testis Nulus Testis (Article 185 paragraph (2) KUHAP), then the statements of witnesses having blood relation under Article 168 Criminal Procedure Code can not be accepted as valid evidence . Witnesses in domestic violence are very difficult because the cases that occur within the household are very small and the witness has a blood relation, but in abolition of domestic violance act in Article 55 provides an opportunity if only one witness is provided with another legal evidence, concerning the witness who incest abolition of domestic violence act is a lex specialist from KUHAP.","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46330229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.30598/belovol4issue2page204-217
Margie Gladies Sopacua
Land of is a very valuable asset, given the price of land is very stable and continue to rise along with the times. Unauthorized land grabbing can harm anyone even more so if the land is used for business purposes. Annexation of land by a person or group of people against another people's land can be interpreted as an act of mastering, occupy or take over someone else's land unlawfully, against the right, or in violation of applicable laws. Therefore, such actions may be sued under civil law or prosecuted under criminal law. Provisions in criminal law contained in Section 363, 365, 167 and 389, 170, 406, 412, 263, 264, 266 as Lex Generalis later in Article 2 of Law No. 51 PRP of 1960 on the Prohibition of Use of Land Without Permission Eligible or the attorney as Lex Specialist.
{"title":"Penyerobotan Tanah Secara Tidak Sah Dalam Perspektif Pidana","authors":"Margie Gladies Sopacua","doi":"10.30598/belovol4issue2page204-217","DOIUrl":"https://doi.org/10.30598/belovol4issue2page204-217","url":null,"abstract":"Land of is a very valuable asset, given the price of land is very stable and continue to rise along with the times. Unauthorized land grabbing can harm anyone even more so if the land is used for business purposes. Annexation of land by a person or group of people against another people's land can be interpreted as an act of mastering, occupy or take over someone else's land unlawfully, against the right, or in violation of applicable laws. Therefore, such actions may be sued under civil law or prosecuted under criminal law. Provisions in criminal law contained in Section 363, 365, 167 and 389, 170, 406, 412, 263, 264, 266 as Lex Generalis later in Article 2 of Law No. 51 PRP of 1960 on the Prohibition of Use of Land Without Permission Eligible or the attorney as Lex Specialist.","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42244617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.30598/belovol4issue2page218-227
Steven Makaruku
The Criminal Procedure Code (KUHAP) is very different from Herziene Inlands Reglement (HIR), the Criminal Procedure Code adopts the principle of due process of law, which protects the rights of a suspect. Pretrial is an institution that oversees and can judge whether or not the act of determining the suspect conducted by the investigator is in accordance with the minimum principle of proof and in accordance with Article 183 and Article 184 paragraph (1) of the Criminal Procedure Code.
{"title":"Pembuktian Penetapan Tersangka Dalam Persidangan Praperdilan","authors":"Steven Makaruku","doi":"10.30598/belovol4issue2page218-227","DOIUrl":"https://doi.org/10.30598/belovol4issue2page218-227","url":null,"abstract":"The Criminal Procedure Code (KUHAP) is very different from Herziene Inlands Reglement (HIR), the Criminal Procedure Code adopts the principle of due process of law, which protects the rights of a suspect. Pretrial is an institution that oversees and can judge whether or not the act of determining the suspect conducted by the investigator is in accordance with the minimum principle of proof and in accordance with Article 183 and Article 184 paragraph (1) of the Criminal Procedure Code.","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48365635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.30598/belovol4issue2page228-248
Lorens Werluka
Evidence is an important process in court proceedings, public prosecutors have a burden of proof, prosecutors must prove indictments, but evidence has been collected first in the process of investigation and investigation, the proofing process in Indonesia embraced a system of minimum proof of two evidences. But the qualification of the evidence is often debated in a trial of proof. For that there needs to be the same size in determining the evidence that can be qualified to be evidence.
{"title":"Alat Bukti Yang Sah Dalam Pembuktian Menurut Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana","authors":"Lorens Werluka","doi":"10.30598/belovol4issue2page228-248","DOIUrl":"https://doi.org/10.30598/belovol4issue2page228-248","url":null,"abstract":"Evidence is an important process in court proceedings, public prosecutors have a burden of proof, prosecutors must prove indictments, but evidence has been collected first in the process of investigation and investigation, the proofing process in Indonesia embraced a system of minimum proof of two evidences. But the qualification of the evidence is often debated in a trial of proof. For that there needs to be the same size in determining the evidence that can be qualified to be evidence.","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69345542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.30598/belovol4issue2page134-144
Reimon Supusepa
Probe principle flips over at ruled Indonesia bases Undang-Undang Nomor 31 Tahun 1999 jo Undang-Undang Nomor 20 Tahun 2001 Remove criminal act of Corruptions. That law applies two probe principles, which is circumscribed upending probe (section 37 and 37A) and pure upending probe (section 12B sentences 1a). But Indonesia until now haven't applied evidence upending as one is managed in that law. Probe that is applied at Indonesia to corruption case is get negative character or up on ground beyond reasonable doubt one that gets orientation on Section rule 183 KUHAP.
调查原则推翻了被统治的印度尼西亚基地Undang-Undang Nomor 31 1999年7月10日至Undang-Undang Nomor 20 2001年8月31日的腐败犯罪行为。该法律适用两种调查原则,即限制性倒置调查(第37条和37A条)和纯粹的倒置调查(第12B条1a句)。但到目前为止,印度尼西亚还没有应用该法律管理的证据翻转。在印尼适用于腐败案件的调查是根据《印尼反腐败法》第183条规定进行的一项调查。
{"title":"Problematika Pembuktian Terbalik Dalam Perkara Tindak Pidana Korupsi","authors":"Reimon Supusepa","doi":"10.30598/belovol4issue2page134-144","DOIUrl":"https://doi.org/10.30598/belovol4issue2page134-144","url":null,"abstract":"Probe principle flips over at ruled Indonesia bases Undang-Undang Nomor 31 Tahun 1999 jo Undang-Undang Nomor 20 Tahun 2001 Remove criminal act of Corruptions. That law applies two probe principles, which is circumscribed upending probe (section 37 and 37A) and pure upending probe (section 12B sentences 1a). But Indonesia until now haven't applied evidence upending as one is managed in that law. Probe that is applied at Indonesia to corruption case is get negative character or up on ground beyond reasonable doubt one that gets orientation on Section rule 183 KUHAP.","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43703588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.30598/belovol4issue2page176-187
Jetty Martje Patty
Proof plays a role in determining the qualification abusers, and victims of drug abuse. Proof is based on the book of the law of criminal procedure, with due regard to the evidence tool. Evidence set forth in the criminal procedure law is the testimony of witnesses,expert testimony, letters, instruction testimony of the defendant.
{"title":"Pembuktian Penetapan Kualifikasi Penyalah Guna, Pecandu Dan Korban Penyalahgunaan Narkotika","authors":"Jetty Martje Patty","doi":"10.30598/belovol4issue2page176-187","DOIUrl":"https://doi.org/10.30598/belovol4issue2page176-187","url":null,"abstract":"Proof plays a role in determining the qualification abusers, and victims of drug abuse. Proof is based on the book of the law of criminal procedure, with due regard to the evidence tool. Evidence set forth in the criminal procedure law is the testimony of witnesses,expert testimony, letters, instruction testimony of the defendant.","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44276067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-02-28DOI: 10.30598/belovol4issue2page158-175
Sherly Adam
The disclosure of a criminal case, especially the criminal act of pembuhunan very difficult, at least there are three things that can not be separated because it involves the validity or validity of a court decision, namely: a system of evidence embraced by procedural law, evidence and strength of evidence and evidence that will Strengthening the evidence presented in court. The function of expert information in the proving of murder offenses as evidence in the criminal justice process is required from the examination of the case both in the investigation process and in the court hearing is very important and necessary, especially to assist the investigator, prosecutor or judge in disclosing a case A very complex, complex assassination.
{"title":"Fungsi Keterangan Ahli Dalam Pembuktian Tindak Pidana Pembunuhan","authors":"Sherly Adam","doi":"10.30598/belovol4issue2page158-175","DOIUrl":"https://doi.org/10.30598/belovol4issue2page158-175","url":null,"abstract":"The disclosure of a criminal case, especially the criminal act of pembuhunan very difficult, at least there are three things that can not be separated because it involves the validity or validity of a court decision, namely: a system of evidence embraced by procedural law, evidence and strength of evidence and evidence that will Strengthening the evidence presented in court. The function of expert information in the proving of murder offenses as evidence in the criminal justice process is required from the examination of the case both in the investigation process and in the court hearing is very important and necessary, especially to assist the investigator, prosecutor or judge in disclosing a case A very complex, complex assassination.","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48840541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Chapter 5.A New Era Dawns (1965–1972)","authors":"","doi":"10.7560/718456-007","DOIUrl":"https://doi.org/10.7560/718456-007","url":null,"abstract":"","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":"86 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2008-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84030834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Appendix D: D.Text of the Black-bordered Advertisement Run on November 22, 1963, in the Dallas Morning News","authors":"","doi":"10.7560/718456-017","DOIUrl":"https://doi.org/10.7560/718456-017","url":null,"abstract":"","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2008-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87970293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Appendix B: B. Chairmen and Directors of Belo Corp., 1926–2007","authors":"","doi":"10.7560/718456-015","DOIUrl":"https://doi.org/10.7560/718456-015","url":null,"abstract":"","PeriodicalId":34077,"journal":{"name":"Jurnal Belo","volume":"98 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2008-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72865717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}