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MAKALAH BAHASA INGGRIS TENTANG HUKUM THE PAPER OF LAW KNOWLEDGE

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MAKALAH BAHASA INGGRIS TENTANG HUKUM THE PAPER OF LAW KNOWLEDGE

THE PAPER OF LAW KNOWLEDGE 

CHAPTER I

INTRODUCTION

1.1 BACKGROUND

Criminal law is the whole of the regulations that determine what conduct is prohibited and included into criminal acts, as well as determine what penalties can be imposed against the do. In this paper we take the case of group compensation experienced by actor Roy Martin where he caught a second time for drug cases in the city of Surabaya hero, let alone before being caught Roy Marten was a guest for the Jawa Pos and the National Narcotics Agency (BNN) gives testimony to the anti- narcotics and among men arrested with Roy Marten Other drugs also are recidivists. And also not spared rock artist Ahmad Albar also a team of detectives arrested the Police Headquarters for suspected cases of the discovery of 490 thousand ecstasy pills in the apartment Taman Anggrek, Jakarta this is supposed to be a lesson for the nation that drug trafficking is very strong in the community, the deterrent effect of punishment punishment for users and dealers will never be able to break the chain of drug distribution. Even a person who is considered as an anti-drug activist was often caught by the authorities are using drugs and not left officials in the civil service are also the same. In essence, whoever the person may be involved in drug abuse, the child started school until officials could have abused illicit goods into the question, whether the nation is serious combat drugs? While we know that the authorities have been trying from capturing manufacturers, dealers and users, and they have also been awarded a penalty in accordance with the applicable law in this nation. But still, this drug cases are rampant that even the target of drug dealers now it's not just the artists and entertainment among the youth and even minors were being targeted. Related to the issue discussed in this paper on drug charges Roy marten.

1.2 PURPOSE OF PROBLEMS

This paper aims to fulfill the duties of a lecturer in Criminal Proceedings. In addition it also aims to find out how the events in the pre-trial, compensation and rehabilitation by analyzing the case. Cases analyzed in this paper is about the drug case that happened to senior artist Roy Marten.

 

1.3 PROBLEM FORMULATION

    What is the sense of pre compensation and rehabilitation?
    What is the process in a pre ?
    Describes the authority of pre-trial?
case is concerned with the pre-trial, compensation and rehabilitation.

 

CHAPTER II

DISCUSSION

2.1 Definition of Pretrial

  Meaning of pre-trial in criminal law can be understood from the article 1 of the draft clause 10 - Criminal Procedure Code (Criminal Code) which states that the Pre Judicial District Court is authorized to provide and decide the manner provided in this Act concerning:

    The validity of an arrest or detention and, at the request of the suspect or his family or others on the authority of the suspect.
    The validity of termination of the investigation or prosecution of the termination request concerned for the sake of law and justice, and;
    For compensation or rehabilitation by the suspect or his family or other party or attorney that his case was not brought to court.

Pretrial intended for the benefit of the use of the protection of the rights of the suspect or defendant that the particular law enforcement investigators and prosecutors did not act arbitrarily level because basically checks the suspect or defendant is not considered guilty (presumption of innocence), Pretrial not separate entities but the authority of the Court specifically pre-trial in accordance with article 77 to article 88 of the Criminal Procedure Code is checking the validity of forceful measures

(Arrest and detention), as well as checking the validity of termination of the investigation or prosecution termination.

But related chapters 95 and 97 pre-trial Criminal Procedure Code authority coupled with the authority to examine and decide on compensation and rehabitilasi. Compensation in this case is not just simply - the eyes of the error due to forceful measures, investigation and prosecution, but can also replace income losses due to home, search and seizure is not legal according to the explanation of Article 95 paragraph (1) Criminal Procedure Code. In decision No. MOJ. M.01.PW.07.03 1982, pre-trial mentioned above can also be done mistakes foreclosure action that does not include evidence, or someone who other action without reasons by law - by mistake of law or the law.

2.2 Pre Judicial Authority

          Pre-trial authority in passing have been raised in the Code of Criminal Procedure Article 1 point 10. The more authority and stressed again in article 77 and article 82, article 95 and article 97 CCP. Pre-trial as provided in the articles mentioned above is authorized to examine and decide on:

    The validity of the arrest, detention, suspension, or termination of the investigation prosecution (except on matters of public interest  by prosecutor Agung) as determined by Article 77 of the Criminal Procedure Code.
    The validity of the seized objects as a means of proof (Article 82 paragraph 1 and 3 Criminal Procedure Code.
    Compensation claims by the suspect or his heirs or arrest or detention, prosecution and trial as well as other actions without any reason or under any law or in error regarding the applicable law, which in his case was not submitted to the district court (article 95 paragraph 2 Criminal Procedure Code in conjunction with Article 77 paragraph b Criminal Code.
    Demand for rehabilitation by the suspect on arrest or detention without any reason or under any law or a mistake of the person who applied the law of his case was not filed state (Article 97 in conjunction with Article 77 paragraph 3 letter b CCP)


2.3 Event pre-trial examination.

          The event is set in the pre-trial Article 82 and 83 Criminal Code as follows:

    Upon request by the pre-trial examination of those mentioned in Article 79, 80, 81, 95 paragraph (2) and paragraph 97 (3) Criminal Procedure Code in the drop to the Chairman of the District Court, and are recorded on the register of Case Pretrial in District Court. then on the same day that the designated officials to submit the request to the chairman or vice-chairman of the District Court, must immediately appoint a single judge and clerks who will investigate the case (Article 77 paragraph (2) Criminal Procedure Code).
    After a single judge and a clerk in point. Within 3 days of pre-trial judge shall immediately assign the call anyway  with the suspect or the applicant or an authorized officer for the hearing in the trial the. (Article 82 paragraph (1) letter a and b Criminal Code).

Inspection carried out in as fast and no later than 7 days the judge had already decided his case. (Article 82 paragraph (1) letter c Criminal Procedure Code).

News events and decisions made as to pre-trial brief examination.

    In the case of a pre-trial examination is in progress, but his case has begun examined by the district court, then the demand for pre-trial examination should be disqualified (Article 82 paragraph (1) letter d Criminal Code)
    Pre-trial ruling on the level of investigation it is possible to hold a pre-trial examination again at the level of the examination by the prosecutor, if the request for the proposed new (article 82 paragraph (1) letter e Criminal Code)
    Pre-trial judge's decision, in addition to containing defined basis and reasons for the "grant" or "reject" the examination request (Article 82 paragraph (2) Criminal Procedure Code), then the verdict is also  in anyway include such provisions, which are listed in Article 82 paragraph (3) Criminal Procedure Code, namely:

a) In the case of the decision determined that something unlawful arrest or detention, the investigator or the investigator or the public prosecutor in accordance with the level of each examination should immediately release the suspect.

b) In the event that a decision  something termination of the investigation or prosecution of illegal, investigation or prosecution of suspects shall proceed.

c) If the judgment provides that something unlawful arrest or detention, then the magnitude of the amount of the verdict included compensation and rehabilitation are given, whereas in the case of a termination of the investigation or prosecution is legitimate and the suspect was not arrested, then the decision

d) Preformance case ruling determined that the seized objects exist which does not include verification tool, then the decision stated that the object must be immediately returned to the suspect or from whom the thing was seized.

    To the pre-trial ruling requested can not appeal (Article 83 paragraph (1) Criminal Code).

Special to the pre-trial ruling that establishes invalidity of termination of the investigation or prosecution, then at the request of the parties (such as the investigator or prosecutor) has the right to request a final decision to the high court in a legal area (Article 83 paragraph (2) Criminal Procedure Code). High court decision must be notified to all parties concerned by the District Court Clerk.

 

 
2.4 UNDERSTANDING CHANGE ANY

Indemnities contained in the civil and criminal law. But between the two have differences. In criminal law, the scope of compensation is narrower than that of compensation under civil law. Compensation that will be discussed is the restitution in criminal law.

The scope of compensation in civil law broader than compensation in criminal law, for compensation in civil law (refer to Article 1365 of the Code of Civil Law) is to restore the plaintiff to the state it was in before the harm caused by the defendant's case. In the civil law for damages as high as high can be requested (no minimum and maximum amount) includes material loss and immaterial losses. Material losses are losses that can be calculated with money, wealth losses are usually in the form of money, including losses suffered and he has obviously suffered. While immaterial loss / loss idiil or moral losses, ie losses that can not be assessed in exact numbers. For example, fear, loss of pleasure or limb deformities example A purchasing notebooks. However, A does not get the workbook even though she had paid a sum of money to buy these notebooks (material loss). Suppose A gets the books, he can use the book to write, and writing of the results could make it a novel and the novel sells to get money (loss immaterial).

Whereas compensation in criminal law only on the costs or expenses incurred by the victim. It means that it does not include immaterial. Restitution in the criminal law can be asked to act 2, which is due to act as law enforcement officers and the defendant.

2.5 EVENT OF ANY CHANGE

In compensation for law enforcement action, the party entitled to apply for compensation against the actions of law enforcement officers are suspect, accused or convicted. Suspect or defendant may file for damages in case of termination of the investigation or prosecution of his case he. The suspect or the accused can also claim compensation via a pretrial. But for defendants who have been cut off his case, and the verdict that he was found not guilty, then he can apply for compensation for doing this also because he has harmed. He can apply to the court at least a period of 3 months from the decision of the courts and binding (set out in Regulation 27/1983. 3 months). If the petition is filed after the expiration of 3 months then he was no longer have the right to ask for compensation.

A suspect, accused, convicted person may apply for compensation if the detention, arrest, search, courts and other actions (action beyond arrest, detention, investigation, prosecution, and such action is not supposed to do to the suspect by law enforcement officers) on him for no reason that under the Act or because the person or legal errors were applied.

When the right to apply for compensation on the lawfulness of the arrest or detention is lawful or not well at the time of filing pretrial (before the trial began). A suspect or defendant could not sue for damages in the amount it wants / likes at will-he, because the Criminal Procedure Code determines the maximum amount of compensation claims that may be requested, ie at least 5,000, - and a maximum of Rp. 1 million or Rp 3 million (if the actions of law enforcement officers has led to illness or disability).

If the petition is due to compensation for termination of the investigation or prosecution, the lines run through pretrial. That would mean that as we filed pretrial. Pretrial events set out in Article 82 paragraph (1) Criminal Procedure Code, it is the same show as filed pretrial, which apply to the district court, which is competent, 3 days after I filed the petition the court should have set a date for a hearing,. The judge in the pretrial only amounted to one person with the hearing conducted quickly the longest for 7 days. After that the judge should have ruled on the request pretrial compensation is being applied.

If the defendant freely, filed compensation claims to the district court within a maximum period of 3 months from the binding acquittal. Within 3 days after receipt of the application the district court must determine that the judge will decide the application. In this case (the problem of compensation) as much as possible the judge is the judge who decides who used to handle the case in question. But not  possible in practice judges handling request such compensation will be different because the judge overseeing mutated or busy with other cases. Application for compensation must have been cut up to 7 days after the first trial. The verdict form that contains a determination of the amount of damages or perhaps rejection of application for compensation.

After determination issued it will be carried out executions carried out by the Ministry of Finance about the execution. The process is as follows: chairman of the local court is examining the case to apply for funding to the justice minister cq secretary general of the department of justice who will then forward it to the finance minister cq Director General of the budget by issuing the authorization decision. There SKO decree so. Original then it will be submitted to the defendant. After SKO was accepted then he submits payment to the national treasury through the chairman of the local court. So basically the only defendant to the district court and perform all procedures are courts. This process will usually take about 6 months to 1 year.

Compensation for law enforcement officers act its terms include the termination of the investigation, prosecution termination, etc. are requested through pretrial. But without any pretrial namely through the request can demand a minimum amount of compensation that is Rp.5000, - and a maximum of 1 million dollars, while if for example there is permanent disability or not the maximum of 3 million dollars. Procedures for pretrial demand compensation through it together, along with pretrial. While the procedure pretrial request for compensation was filed beyond the PN is to investigate the case or the case.

The legal basis for damages because the defendant is Article 98 paragraph (1) Criminal Procedure Code which states that if an act which the indictment in the criminal case investigation by the PN to cause harm to another person, then the chief judge of the trial at the request of the person can assign to combine the compensation case to the criminal case. Compensation because the defendant filed by the victim. Victims can here for the actions of the victim (eg, the defendant committed the criminal act that resulted in serious injuries or death caused by beatings or violence committed together) or as a violation of section 187/188 of the Criminal Code (fire caused by defendant's negligence or intentional misconduct ), crimes against decency that cause harm, violent crimes, including persecution, murder. The bottom line is that crimes cause casualties and victims get damages.

Victims can combine the compensation case to the criminal case. The goal is to speed up the process of fixing the compensation. Victims can also file a lawsuit for damages through civil law, but the process will be longer than if the petition for damages coupled with the criminal case. The large amount of this compensation is limited to reimbursement of expenses incurred by the injured party. This means that if for example the victims were injured and he had to go to the hospital, the only hospital costs that can be requested compensation. If the victim has other demands, such as demands immaterial because he is disabled, then the lawsuit should be filed as the ordinary civil case and can not be combined into a criminal case. If the crime is done by many people (mass crimes) then the police will be looking for anyone who is a suspect / defendant as the person who is criminally responsible and only to the suspect / defendant that restitution is sought.

Merging compensation case in a criminal case is a right granted by the Code of Criminal Procedure to the victim. To victims of the Criminal Procedure Code gives them the right to file a lawsuit for damages. This tort is the time to be civil but criminal cases filed at the time this took place on the grounds that the process is much faster.

Compensation filed by victims of the examination process is conducted in conjunction with the defendant in court, that is, before the public prosecutor filed a claim or requisitornya. Could also he did not ask for help themselves but to the public prosecutor to enter a plea in the compensation claim. However this is very rare. In trials with rapid event (such as pretrial, traffic violations, defamation, insult lightly, minor criminal offenses) where the trial was made without the public prosecutor, the victim may request compensation in any case before the judge deciding the case.

In terms of the incorporation of criminal and civil cases, the execution of compensation made under civil law. Had the defendant, who was sentenced to make restitution to the victim according to the Ministry of Justice Certificate victim may request orally or in writing to the chairman of the District Court is to investigate the case in order to petition for damages was executed. Based on the petition chairman PN convicted to pay compensation. If you find that the convict can not afford or can not pay then the judge sets out to seize chattels owned by the convict in accordance with the amount of compensation is determined. If it turns out that moving goods was not sufficient, then the judge may set a foreclosure executorial, the seizure of goods that are not moving. So in executions parties to execute is the prosecutor. But in the case of the merger of criminal and civil, criminal executions carried out by the prosecutor, while the civil restitution issue executions carried out by clerks assisted by bailiffs.

If the victim does not know that in a petition for damages filed by the victim to the defendant only to the extent that the cost has been incurred, the decision of the judge reads the verdict is likely to be unacceptable and must be filed as an ordinary civil case because the petition is more than the amount spent and must be filed as a matter civil usual, then the victim can file a civil lawsuit usual, not combined with the criminal, the victim can be directly sued civilly. Or the judge may also decide the claim can not be accepted without any frills in order to file a civil suit. It is arguably problematic nebis in idem, meaning that it can not be accepted without a civil injunction filed not only the victims can file civil law.

ARTICLE 2.6 - SETTING THE ARTICLE ON THE RIGHT TO OBTAIN INDEMNITY

Article 1 paragraph 22 of Law No. 8 of 1981 on Criminal Procedure.
"The compensation is a right to receive the fulfillment of the demands in the form of exchange for some money due arrested, detained, charged or prosecuted without reason under the laws or in error concerning the person or law that is applied in the manner set forth in this law. "

Article 95

(1) The suspect, accused or convicted person entitled to sue for damages because of arrested, detained, charged and prosecuted or subjected to any other action, without any reason or under any law for the person or legal errors were applied.

(2) Claims for damages by the suspect or his heirs upon arrest or detention and other measures without any reason or under any law or in error regarding the applicable law referred to in paragraph (1) that his case was not presented to the district court, disconnected at the pretrial hearing referred to in Article 77.

(3) Claims for damages referred to in paragraph (1) shall be submitted by the suspect, accused, convicted or his heirs to the competent court to hear the case in question.

 (4) To examine and decide the case claim for compensation referred to in paragraph (1) may be appointed chairman of the court as far as the same judge who has tried criminal cases in question.

(5) An examination of compensation as mentioned in paragraph (4) following the pretrial events.

Article 96

  (1) The decision of determining the form of compensation.

 (2) The determination referred to in subsection (1) includes the complete all the things to be considered as a reason for the decision

2.7 Rehabilitation

    Definition of Rehabilitation

Rehabilitation in the Criminal Code provisions on just one article, namely Article 97. Before that article, in article 1, point 23, there is a definition of rehabilitation as follows.

"Rehabilitation is a person's right to obtain redress in the skills, position and dignity and dignity given to the level of investigation, prosecution, or judicial due arrested, detained, prosecuted, or prosecuted, without any reason based on law or in error concerning the person or laws are applied in the manner set forth in this law. "

    Reason Rehabilitation

Either as an excuse or reason demands compensation claims rehabilitation, which is limitedly referred by the Criminal Procedure Code, meaning that limited the things that are mentioned in the provisions of the Criminal Procedure Code only.

          For the reasons stated by article 97 rehabilitation as follows:

    Acquittal or a verdict free from all charges, which already have permanent legal force.
    Arrested or detained without reason under the law or a mistake of the person or the established laws, but his case was not presented to the District Court

 

One of the reasons that a claim for loss or rehabilitation is against the law to be fulfilled the following requirements:

    Not conflict with a rule of law;
    Aligned with the legal obligations that require doing evil acts;
    And it must be worth a go in the office environment;
    Do the appropriate consideration by state forces;
    Respect for human rights (Article 5, paragraph 1 explanation number 4):
    Demands Rehabilitation

          Rehabilitation claims referred to in Article 97 paragraph 3 of the Criminal Procedure Code, filed at the latest within 14 days after the ruling on the validity of the arrest or detention notified to the applicant (the suspect, family or attorney, chapter 12 PP. 27 1983).

CHAPTER III

CASE ANALYSIS

 

In this discussion concerning pre-trial materials, compensation and rehabilitation we take a case relating to the material that is the case with the senior artists in Indonesia, namely Roy Martin.

On November 13, 2007 Roy caught up with four friends at the Hotel Novotel Surabaya in Surabaya Street Ngagel with suspected. At the time of the arrest, the police seized, 1 gram and 1 ounce of methamphetamine at the 364-room Hotel Novotel. In a different room is room 465, police also found a set of straws (bongs) and the rest in aluminum foil SS 0.5 ounces. Ironic actually, because it turns out Roy was arrested after giving testimony at an event held the National Narcotics Agency (BNN). Roy Marten came to Surabaya to give testimony at the MoU signing ceremony of the National Narcotics Agency (BNN) with a daily in Semanggi floor space V Graha Pena Surabaya Jalan Ahmad Yani 88, Saturday (10/11/2007) then. The MoU was made in the context of prevention, eradication, narcotics abuse and illicit trafficking (P4GN). The event was attended by the Chief of Police, General Sutanto, and some employers as well as the professionals who care about these drugs to support all activities conducted P4GN.

Roy Marten will begin trial in the District Court (PN) Surabaya on February 5. Police snare suspects with Roy Marten five chapters namely Article 71 (conspiring), 62 (possess, store, and or take psychotropic), and Article 60 paragraph 2, 3, and 5 (of the distribution channel and the receiving and delivery) of Law 5/1997 on Psychotropic Substances. While four fellow Roy Marten charged with three chapters, namely chapters 71, 62, and 60.

The fourth co-roy martin is Fredy Matatula charged under Article 60 in paragraph 3, then Didit Kesit Cahyadi with article 60, paragraph 2. To Winda combined in a single file with Fredy Matatula suspects.

To handle such cases Kejari Surabaya has appointed seven prosecutors that Muhaji Datun Kasi, Kasi Pidum Adi Wibowo, Head of BIN M Arifin, Kasubsi STIR Mulyono, Beny Prosecution Pre Kasubsi Ermanto, as well as the Head of Prosecution Agus Rujito and Supramono.

While the team is led by attorney Roy Marten Chris Regards, Roy's younger brother, had to work extra hard to rack my brain. Because according to Chris there is the possibility that the tip ends of conspiracy to incriminate Roy Marten court later after Chris Salam read one tabloid publications Surabaya stating that A Hong inspected at luxury restaurant in Jalan Mayor Sungkono - Surabaya.

To conduct the examination at the restaurant reportedly cost 1.3 million incurred from private pockets A Hong and for the truth of the information Regards Chris will gather evidence and to the tabloid editors who have published the news.

The next District Police (Polwiltabes) Surabaya will soon bestow files and suspect cases of 'party' shabu-shabu (SS) involving senior movie star, Roy Marten. "Will we soon be submitted to the prosecutor, because the handling of the case of Roy Marten was already approaching the final stage," said Police Commissioner Kapolwiltabes Anang Iskandar Surabaya in Surabaya, Friday (30/11).

He was speaking after handing over the award to the team of East Surabaya Police arrested a murder suspect Joni Efendi (42), a resident of Hope Klampis VII / 2, AA-86, Sukolilo, Surabaya down to Borneo.

Accompanied East Surabaya police chief Adjunct Senior Commissioner Imam Drs Lewis MSi, he said Roy Marten proved instrumental as the SS manual, the bringing together of people with a bookie SS courier, and the courier-dealer transactions guarantor without the money.

"Although there were Roy Marten himself refused, but we have evidence that two test results and recognition Labfor four other suspects that Roy Marten involved," he said.

Therefore, he said, it will soon file and suspected cases bestow 'party' SS in a hotel in Jalan Ngagel, Surabaya on 13 November 2007 it was.

After passing the trial court ultimately did not win  Roy marten. Roy eventually sentenced to three years in prison and a fine of Rp10 million to the subsidiary three months confinement. The sentence was lighter than the demands of the prosecutor (Attorney General) ie, three years and six months (3.5 years) and a fine of Rp10 million subsidiary three months confinement. Roy was not satisfied with the decision, he also refused to be equated with the dealer or croupier.

While friends Roy arrested at the same time, each received sentences ranging from one to five years in prison

          But in case this does not happen Roy Marten compensation and rehabilitation. Because the drug case that no other party is injured, but that will is himself. However, compensation can occur in cases of presumed in the case Marten roy harm others, when he was caught off guard by the investigation team in place people who do not know anything. In it the person who had the place to sue for damages on Roy Marten and the parties involved in it. Compensation to be paid by Roy Marten could in damages for defamation, and the time and energy that has been issued by a person who has the place it instead of immaterial losses.

As for the rehabilitation Rehabilitation Roy Marten was not in the second case, because he has been rehabilitated in the first case. Besides Roy Marten considered can not learn from previous mistakes, because he has done residive the same case.

   CHAPTER IV

CLOSING

Conclusion

Of material that has been presented in this paper, we can draw the conclusion that in the criminal procedure law, governing regulations, relating to the public interest (public law). Then in criminal law there is a discussion of the pre-trial process which was conducted before, in a pretrial there has been a crime committed by the offender, and then once that is done an investigation conducted by the police who act as investigators, the investigation The police investigation at the scene directly (the crime scene), after it conducted an investigation to find the foothills and then the file was to be submitted to the prosecutor, if the existing file is complete or not.

Of cases that we take in this paper, we take the case where the marten Roy on November 13, 2007 Roy caught up with four friends at the Hotel Novotel Surabaya in Surabaya Street Ngagel with suspected eating After passing the trial court ultimately did not win kasu Roy marten. Roy eventually sentenced to three years in prison and a fine of Rp10 million to the subsidiary three months confinement....

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