This paper initiates the study of Islamic law, related to the reverse proof system contained in Articles 77 and 78 contained in law No. 8 of 2010. In Article 77, it is known that in court there is an examination with an interest in proving the absence of criminal acts related to the ownership of assets. In addition, from Article 78, it is known that the submission of sufficient evidence related to the possession of assets is an obligation for the defendant when the examination contained in Article 77 is carried out. Islamic law in the study of the burden of scientific proof needs to get a big position, because it is believed that Islamic law has a part of the scope that covers everything. In this study the authors used qualitative methods to respond to the concept of fiqh life in Indonesia. The purpose of this study is related to the burden of proof reversed using the opinions of Islamic law, usul fiqh and legislation. From the results of the study, the evidence to the contrary does not apply to all criminal cases, but only to special cases such as money laundering. Money laundering in Indonesia can be in the form of enrichment by illegal means. Islamic law in the development of law in Indonesia also minimizes the crime of criminal origin that develops and continues in money crimes from the influence of controlling illicit money that feels like halal money and also includes sanctions against perpetrators of crimes punished by Islam into national law.
Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.
Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.
The crime of theft is regulated in Article 362 of the Criminal Code (KUHP) which states that anyone who takes goods, wholly or partly belonging to another person, with the intention of possessing the goods against the law, shall be punished for stealing with imprisonment for a maximum of five years or a fine of as much as nine thousand rupiah, but in practice there is still a crime of oil palm theft in the rantau prapat area which is the city of dollar. The purpose of writing is to explain the causes of the crime of oil palm theft in the jurisdiction of rantau prapat, to explain the efforts to resolve oil palm theft in the jurisdiction of rantau prapat. Data obtained from the results of field research as well as data from the results of literature research, secondary Data is done by reading and analyzing legislation, books, and articles related to this research. Field research was conducted to obtain primary data through interviews with respondents and informants.analyzed using a qualitative approach. the preparation of research results is carried out using a descriptive method that is trying to give a real picture of the realities found in practice by describing the results of field research accompanied by a description of the applicable legal basis. The results of the study into the causes of oil palm theft in the jurisdiction of rantau prapat are economic factors, factors of opportunity, and factors of land disputes. Efforts to combat oil palm theft in the jurisdiction of rantau prapat have been carried out by preventive or preventive means, namely installing sheets on prohibitions and sanctions for those who steal oil palm both community and company property on Village information boards, then the police will make a reperesive effort, namely enforcement, arrest after receiving reports from the community. It is hoped that all authorities can work together and a sense of concern and resolution of land disputes for people living in the area of the company both from the government and the company in order to reduce the crime of oil palm theft in the jurisdiction of rantau prapat.
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