Rusmanto, Rusmanto (2024) Pembuktian Turut Serta Dalam Tindak Pidana Ke Imigrasian (study Perkara Nomor: 271/pid/sus/2023/pn. Dum). Other thesis, Universitas Islam Riau.

Text 191010488.pdf - Submitted Version Restricted to Registered users only Download (1MB) | Request a copy

Abstract

The arrival of foreigners and temporary residence in Indonesia, they still have civil rights guaranteed by law. Among the civil rights that are owned, foreigners have the right to buy and sell various types of goods including buying land with the status of use rights to build a residence. In addition, they have the right to marry and can choose an Indonesian as their partner. National regulations regarding immigration have been regulated in Law Number 6 of 2011 concerning Immigration and other laws and regulations related to immigration. However, at present there is still a lot of misuse of residence permits in Indonesia, especially visit residence permits and limited residence permits. The many cases committed by immigrants are something that really needs to be studied regarding the legal regulations governing this matter. One of them is what happened in Decision Number 271 / Pid / Sus / 2023 / PN. Dum. In this case, it was stated that a criminal act had occurred against citizens who wanted to work abroad, in his case the interesting thing was in proving the teaching of participating in the crime. The problems that will be discussed in this study are the first How is the Proof in the Doctrine of Participation in Immigration Crimes (Case Study Number: 271 / Pid / Sus / 2023 / PN. Dum)?, the second How is the Judge's Consideration in Determining the Punishment in the Doctrine of Participation in Immigration Crimes (Case Study Number: 271 / Pid / Sus / 2023 / PN. Dum)?. This type of research is included in the normative legal research category, while in terms of its nature, this research is normative-juridical, namely by conducting a study of legal literature in the form of formal legal regulations, namely the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and taking one of the decisions, namely Case Number: 271 / Pid / Sus / 2023 / PN. Dum. As a source of data in this study is secondary data consisting of Primary legal materials, namely criminal case decisions Number: 271 / Pid / Sus / 2023 / PN. Dum. Secondary legal materials, namely literature books that support the main issues discussed and laws and regulations, and can also be in the form of theses, dissertations, journals, newspapers, seminar papers and others. And tertiary legal materials consist of dictionaries and encyclopedias. The analysis of this research data was carried out qualitatively, namely after all the data was collected, it would be grouped according to the formulation of the main problems that had been formulated, then one data was connected to another using logical arguments, legal norms and theories and then analyzed. The results of this study, the first is Proof in the Doctrine of Participation in Immigration Crimes (Case Study Number: 271/Pid/Sus/2023/PN. Dum) is Based on the provisions of Article 55 of the Criminal Code itself, in this case the judge looked at the evidence and witnesses, both mitigating and aggravating, which were presented and presented in court, one of which was a witness named Maha Putra Kusuma Anggara. The second is the Judge's Consideration in Determining the Punishment in the Doctrine of Participation in Immigration Crimes (Case Study Number: 271/Pid/Sus/2023/PN. Dum) is that the Panel of Judges did not find anything that could eliminate criminal liability, either as a justification and/or excuse, then the Defendant must be held accountable for his actions.

Actions (login required)

View Item