The New Criminal Code Has Been Passed As Law, Will Be Effective 3 Years Later

 

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "5 Interesting Cases that Become the Jurisprudence of the Supreme Court in Indonesia", "Customs Foreclosure Fraud 2022 Sets Record, Losses Exceed IDR 8.3 Billion!", "Corruption offenses in the Criminal Code", you may read also "Various Legal Basis of Defamation According to Indonesia Law" and on this occasion we will discuss about 'The New Criminal Code Has Been Passed As Law, Will Be Effective 3 Years Later'.

The New Criminal Code

President Joko Widodo (Jokowi) passed Law Number 1 of 2023 concerning the Criminal Code (KUHP). The new Criminal Code is Jokowi's first legal product to be inaugurated this year. This law was passed in Jakarta today by President Jokowi. And this law was promulgated in Jakarta by Minister of State Secretary Pratikno.[1]

This new Criminal Code contains 624 articles, as well as replacing the Dutch colonial Criminal Code. In addition, the new Criminal Code also codifies a number of other laws. In Article 623 (Chapter XXXVII regarding closing provisions) of RI Law Number 1/2023, it is written 'This law may be referred to as the Criminal Code'.[2]

Will Be Effective 3 Years Later

In Article 624 in 'Chapter XXXVII closing provisions', there is an explanation regarding the time when the new Criminal Code will come into force. "This Law shall come into effect after 3 (three) years from the date of promulgation," reads Article 624. This means that the new Criminal Code will come into effect on January 2, 2026.[3] And if you have any legal issue in Indonesia, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "KUHP Baru Jadi UU Pertama di 2023 yang Diteken Jokowi", news.detik.com., Audrey Santoso, Diakses pada tanggal 28 Januari 2023, Link: https://news.detik.com/berita/d-6495235/kuhp-baru-jadi-uu-pertama-di-2023-yang-diteken-jokowi

2. Ibid.

3. "KUHP Baru Diteken Jokowi Resmi Jadi UU, Berlaku 3 Tahun Lagi", news.detik.com., Audrey Santoso, Diakses pada tanggal 28 Januari 2023, Link: https://news.detik.com/berita/d-6495179/kuhp-baru-diteken-jokowi-resmi-jadi-uu-berlaku-3-tahun-lagi

5 Interesting Cases that Become the Jurisprudence of the Supreme Court in Indonesia

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "The Characteristics of a Fraudulent Investment According to the Financial Services Authority (OJK)", "Examples of Fraudulent Spam Emails", "Understanding 5 Steps Foreign Direct Investment In Indonesia" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about '5 Interesting Cases that Become the Jurisprudence of the Supreme Court in Indonesia'.

Have you ever traded with an element of 'coercion'? If so, you can sue because the sale and purchase can be cancelled. The above is 1 out of 5 cases that became the jurisdiction of the Supreme Court (MA). As reported by the Supreme Court clerk, Monday (25/6/2012) the following five decisions are decisions that can be used as guidelines for judges in deciding similar cases:[1]

1. Buying and selling with elements of coercion. The case began when Budi Haliman Halim, who is the legal owner of the educational institution Arise Shine Ces. Later, on August 8, 2006, the Hwa Ing Fonds Foundation and Lo Iwan Setia Dharma policed ​​Budi on charges of copyright infringement. This report was followed up by detaining Budi. While in detention, the Hwa Ing Fonds Foundation forced Budi to sell the brand for IDR 400 million, while it was agreed to sell the brand to Lo Iwan Setia Dharma for IDR 400 million. Although recently, the IDR 400 million was never paid. As for the punishment, the Hwa Ing Fonds Foundation and Lo Iwan Setia Dharma have reconciled and have not continued the report. Is the sale and purchase of the brand legal? According to the Supreme Court, this is illegal and null and void. The Supreme Court assessed that at the time the sale and purchase agreement was drawn up, Budi was being held by the police because of reports from the Hwa Ing Fonds Foundation and Lo Iwan Setia Dharma to put pressure on Budi to make or approve the sale and purchase agreement. This is a 'Misbruik van Omstandigheiden' which can result in the agreement being cancelled, because it no longer fulfills the elements of Article 1320 of the Civil Code, namely that there is no free will on the part of the plaintiff.
2. Divorce Does Not Eliminate Debt. Divorce has many legal consequences. One of them is debts that occur when the marriage bond is still ongoing. If a husband and wife divorce, then whose debt is borne? Answering the above, the Supreme Court took the example of a divorce that occurred at the Religious Court (PA) Semarang. A husband and wife in 2003 had a debt of IDR 1 billion. Later they divorced resulting in a dispute over who bears the debt. Then on September 6, 2008 the Supreme Court made a decision that the debt was repaid from mixed assets. "The Supreme Court is of the opinion that the debts made by the parties while the marriage was in progress, these debts become a joint burden and responsibility, so the confiscation of collateral for joint assets (gono-gini) is valid and valuable," said the Supreme Court.
3. Regional Head Election Case at the Constitutional Court (MK). People are always looking for 'legal loopholes'. Dissatisfaction with the decision of the Constitutional Court (MK) was no exception, which was finally brought to the general court. The case began when Dirwan Mahmud became a participant in the South Bengkulu post-conflict local election. In the first round, Dirwan won because he got 51.7 percent of the vote. However, this was canceled by the Constitutional Court because Dirwan had been convicted of a crime in 1985. Then, the Dirwan also challenged the Constitutional Court's decision to the Manna District Court, Bengkulu, so that the Constitutional Court's decision was null and void and must be considered as never having existed. This attempt was rejected by PN Manna and MA. What is the reason for MA? "The Supreme Court has no authority to evaluate and examine the Constitutional Court's decision. Even though the Supreme Court can understand the problem faced by the Dirwan, namely that the person concerned is not allowed to take part in the post-conflict local election, it is as if the Dirwan has had a civil death. However, in carrying out its authority as a general judicial institution, the Supreme Court cannot make corrections or test a decision from another Judicial institution such as the Supreme Court," wrote the Supreme Court decision.
4. Auction upon Auction. The case began when a house dispute occurred at Jalan Panjaitan No 153 A Medan, North Sumatra as a result of a struggle over an inheritance. Then the house was bought by Hassan Chandra in 1982. Later this case had a long tail. Both the heirs and Hassan filed an executional confiscation of the house. There were two court decisions ordering the execution of the auction. What is the attitude of the MA? "Cancellation of an auction that has been carried out based on a decision that has permanent legal force cannot be cancelled," said the Supreme Court. According to the Supreme Court, the buyer of the auction against the disputed object based on the Minutes of Auction and the Minutes of Auction which is based on a decision that has permanent legal force is an auction buyer who has good intentions and therefore must be protected. "If at a later date there is a decision that contradicts a decision that has permanent legal force and states that the decision that has permanent legal force is not binding, then that decision cannot be used as a reason to cancel the auction. What can be done is to demand compensation for the object of dispute from the applicant. auction," said MA.
5. Journalist Organizational Disputes. The case began when the West Papua branch of the Association of Indonesian Journalists (PWI) broke up to hold a 'Munaslub'. Then the losing party sued the Manokwari District Court to lose. Not accepting it, the losing side made an appeal to the Jayapura High Court on December 11 2009 and granted the appeal. Then the case went to the Supreme Court and on November 18 2010 it was decided by granting an appeal to amend the Manokwari District Court decision. What is the reason for MA? "The Supreme Court is of the opinion that if there is a crisis within PWI because the settlement has been regulated in the AD/ART and the Journalistic Code of Ethics, and is accounted for in the congress, then the crisis cannot be assessed as an unlawful act as referred to in Article 1365 of the Civil Code," said the Supreme Court clerk, Soeroso Ono.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "5 Kasus Menarik yang Jadi Yurisprudensi MA", news.detik.com., Diakses pada tanggal 27 Januari 2023, Link: https://news.detik.com/berita/d-1950026/5-kasus-menarik-yang-jadi-yurisprudensi-ma.

The Characteristics of a Fraudulent Investment According to the Financial Services Authority (OJK)

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Examples of Fraudulent Spam Emails", "Sharia Investment: Definition, Characteristics, Types, and Benefits", "Understanding 5 Steps Foreign Direct Investment In Indonesia" you may read also "How To Report Online Scammer Or Fraud To The Police In Indonesia" and on this occasion we will discuss about 'The Characteristics of a Fraudulent Investment According to the Financial Services Authority (OJK)'. The Financial Services Authority (OJK) has issued a warning against fraudulent investments. So that you don't get caught in the lure of bogus investment offers, here are the characteristics:[1]

1. Promises big profits in a short time.
2. Investment products and business processes are not clear.
3. Offer commissions or bonuses for recruiting new members.
4. The return on investment is stuck in the middle.
5. Does not have official permission.

In order not to get caught in fraudulent investments, the Financial Services Authority (OJK) provides the following tips:[2]

1. Legal: Check the company and its investment products, whether they have official permission from the authorized institution.
2. Logical: Check the investment product being offered, whether it makes sense or not.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Waspada Investasi bodong! Ini ciri-cirinya", finance.detik.com., Diakses pada tanggal 27 Januari 2023, Link: https://finance.detik.com/infografis/d-6525085/waspada-investasi-bodong-ini-ciri-cirinya

2. Ibid.

Examples of Fraudulent Spam Emails

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "The 4 Weirdest Judges' Verdicts", "Customs Foreclosure Fraud 2022 Sets Record, Losses Exceed IDR 8.3 Billion!", "How To Report Online Scammer Or Fraud To The Police In Indonesia", "Beware of Scams Impersonating Love", "Elements of the Fraud According to Indonesia Criminal Law" you may read also "What Is the Difference Between Fraud and Embezzlement Under Indonesian Law?" and on this occasion we will discuss about 'Examples of Fraudulent Spam Emails'.

Our platform has covered many articles related to fraud on the internet. Please click on the link above. One of the modes used for fraud on the internet is to send an email whose actual content is "to good to be true". Examples are as follows:[1]

(dokumen pribadi)

Note: Google just flags email like this in red, which means it's dangerous. You should not be provoked by emails like this. And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. Dokumen pribadi.

The 4 Weirdest Judges' Verdicts

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Sosok Muchtar Pakpahan, Salah Satu Advokat Hukum Perburuhan Populer", "31 Judul Film Yang Wajib Ditonton Tentang Advokat", you may read also "Mengingat Yap Thiam Hien" and on this occasion we will discuss about 'The 5 weirdest judges' verdicts'.

It is the duty of the judge to give appropriate punishment to criminals who break the law. But the task is not easy. The judge must make the fairest decision based on all legal considerations. It can be said that the upholding of law and justice will not be achieved without good judges. The following stories tell of judges' verdicts that are unique, hilarious, and strange at the same time.[1] Check it out:

1. This rap music fan was sentenced to listen to 20 hours of classical music. The District Court of Champaign, State of Illinois, United States of America sentenced Andrew Vactor, 24, to pay a fine of IDR 1.7 million. He was convicted of playing a rap song too loudly on his car tape last July. However, Judge Susan Fornof-Lippencott offered leniency by only paying a fine of IDR 400,000 as long as Vactor listened to classical music by composers Bach, Beethoven and Chopin. Vactor agreed but he only lasted 15 minutes listening to the classical music. He reasoned not because he didn't like music but because he had to go to practice basketball with his team at Urbana University.
2. Stealing a statue of Jesus, two teenagers were sentenced to drive a donkey around the village. Painesville District Court Judge, Ohio State, United States, Michael A. Cicconetti is known for his often strange sentences. In 2003, two teenagers from Fairport Harbor who stole a statue of Jesus were sentenced to go around the village driving a donkey with a sign that read "Sorry for the jerk." The two teenagers, Jessica Lange and Brian Patrick, both 19 years old, also had to replace the statue they had stolen, follow through drug guidance and be jailed for 45 days.
3. Traffic violators are sentenced to pick cotton a week. Anyone who violates traffic rules in Uzbekistan will be punished with a week's worth of cotton picking if they want their driver's license returned. Together with students, teachers, and employees, they must undergo this unique punishment during the harvest season for a month. In Uzbekistan, shops and cafes are also required to close at 19.00 so that residents do not hang out late at harvest time.
4. The judge gives this man a choice, marry his girlfriend or go to jail. A judge in the State of Texas, United States of America, stirred up controversy because in his decision he ordered a man named Josten Bundy to marry his girlfriend, Elizabeth Jaynes, 19 years old, or spend 15 days in prison. The story goes like this. In February, Bundy got into a fight with his girlfriend's ex-boyfriend. "He said something inappropriate about Elizabeth so I asked her to fight," Bundy said, as reported by odditycentral, Thursday (13/8). During the fight, Bundy punched Jaynes' ex-boyfriend in the jaw. The man did not need medical treatment but instead he took the case to court. At trial Judge Randall Rodgers asked Bundy whether Jaynes was so special that he dared to punch people. "To be honest, I grew up with four older sisters and I know if a guy said that to a girl I would do the same thing," said Bundy. It was at this point that the judge challenged Bundy. He must marry Jaynes within 30 days or spend 15 days in jail. Jayne, who was in the courtroom, immediately blushed because she was embarrassed to hear the judge's decision. "My face turned red and people behind me laughed," said Jaynes. Originally Bundy would have opted for 15 days in prison provided he did not lose his current job. But the judge said Bundy would lose his job if he was jailed. Worried about Bundy's fate, who would lose his job if he was in prison, the two lovebirds finally chose to marry and submitted a marriage certificate to determine the date of the happy day. But unfortunately they now only have a short time to prepare the entire wedding ceremony. "I don't think we'll be able to get the wedding we've always wanted. My dad and brothers can't come, it makes me sad," said Bundy. With 18 days left they didn't get to invite the important people they wanted.
     

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

Reference:

1. "Lima vonis hakim ini paling kocak dan aneh sedunia", www.merdeka.com., Reporter: Pandasurya Wijaya, Diakses pada tanggal 24 Januari 2023, Link: https://www.merdeka.com/dunia/lima-vonis-hakim-ini-paling-kocak-dan-aneh-sedunia.html

Sosok Muchtar Pakpahan, Salah Satu Advokat Hukum Perburuhan Populer

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Oleh:

Tim Hukumindo

Pada kesempatan yang lalu platform www.hukumindo.com telah membahas mengenai "Contoh Sederhana Surat Kuasa Khusus Perdata Tergugat", "Soepomo, Penentang Paham Hak Individualistik Dan Turunannya", "Mengenal Taufiequrachman Ruki, Ketua KPK Pertama" dan "Mengenal Jimly Asshiddiqie, Ketua Mahkamah Konstitusi RI Pertama", pada kesempatan ini akan dibahas mengenai 'Sosok Muchtar Pakpahan, Salah Satu Ahli Hukum Perburuhan'.

Biografi Singkat

Prof. Dr. Muchtar Pakpahan, S.H., M.A. (21 Desember 1953 – 21 Maret 2021) adalah tokoh buruh Indonesia yang mendirikan serikat buruh independen pertama di Indonesia. Berkat usahanya yang gigih untuk memperjuangkan kenaikan gaji buruh, ia memperoleh berbagai penghargaan hak asasi manusia internasional.[1]

Muchtar Pakpahan, lelaki kelahiran Bah Jambi 2 Tanah Jawa, Simalungun, Sumatra Utara, 21 Desember 1953 ini adalah pendiri sekaligus mantan Ketua Umum DPP Serikat Buruh Sejahtera Indonesia (1992–2003), organisasi buruh independen pertama di Indonesia. Dia pernah menjadi anggota Governing Body ILO mewakili Asia dan Vice President World Confederation of Labor (ILO). Pada tahun 2003, Muchtar meninggalkan Serikat Buruh dan mendirikan Partai Buruh Sosial Demokrat.[2]

Pria yang akrab disapa Bang Muchtar ini, menghabiskan masa kecilnya di daerah Tanah Jawa, Sumatra Utara dan ia pindah ke Medan untuk menempuh sekolah menengah atas. Suami Rosintan Marpaung ini memperoleh gelar sarjana hukumnya di Universitas Sumatra Utara (USU). Sementara itu, untuk Program Pascasarjananya, S2 politik, ia menempuh pendidikannya di Universitas Indonesia (UI) (1989). Gelar doktor hukum diraih Muchtar di Universitas Indonesia tahun 1993 dengan disertasinya yang diterbitkan menjadi buku berjudul: "DPR Semasa Orde Baru".[3] Muchtar meninggal dunia pada 21 Maret 2021 sekitar pukul 23.00 WIB di Rumah Sakit Siloam Semanggi akibat kanker.[4]

Advokat Hukum Perburuhan Populer

Pria yang juga hobi menyanyi dan menciptakan lagu ini dikenal sebagai pejuang reformasi dan tokoh buruh Indonesia. Muchtar juga pernah diminta Badan Intelegensi untuk mengubah isi disertasi karena dianggap membahayakan keselamatan negara. Dirinya dianggap vokal menyuarakan perlawanan terhadap pemerintahan Orde Baru. Muchtar Pakpahan pernah ditahan beberapa kali di penjara: (a). Pada Januari 1994, ia ditahan di Semarang; (b). Pada Agustus 1994—Mei 1995, ia ditahan di Medan karena kasus demonstrasi buruh pertama di Indonesia; (c). Pada Juli 1996–1997, ia ditahan di LP Cipinang karena isi disertasinya yaitu menulis buku Potret Negara Indonesia yang berisi tentang perlunya reformasi sebagai alternatif revolusi. Dia pun diancam pidana mati karena dianggap melakukan tindakan subversif.[5]

Bapak dari tiga anak yang masing-masing bernama Binsar Jonathan Pakpahan, Johanes Dharta Pakpahan, dan Ruth Damai Hati Pakpahan ini memulai kariernya sebagai pengacara pada 1978 dan menjadi advokat pada 1986. Sejak menjadi advokat, dia aktif membela rakyat kecil dengan konsultasi hukum gratis. Setelah hijrah ke Jakarta dan paska reformasi, Pada tahun 2010, dia juga meninggalkan partai dan memilih untuk fokus di kantor pengacaranya Muchtar Pakpahan Associates serta mengajar di Fakultas Hukum Universitas Kristen Indonesia (UKI).[6]

Muchtar kemudian dikenal masyarakat Indonesia sebagai pembela buruh dan rakyat kecil yang tertindas oleh rezim Orde Baru. Muchtar menjadi aktivis perburuhan karena perasaan berhutangnya kepada Tuhan karena dapat memperoleh gelar sarjana hukum meskipun harus berjuang tanpa orang tua sejak usia 18 tahun setelah ditinggal ibunya Victoria Silalahi dan ayahnya, Sutan Johan Pakpahan, meninggal ketika dirinya masih 11 tahun.[7] Dalam pergaulan penulis sebagai advokat, suatu ketika ada sidang sengketa hubungan industrial di PN Jakarta Pusat, Pak Muchtar dikisahkan jika diundang sebagai Ahli Hukum dalam kasus-kasus perburuhan, karena dedikasinya, beliau selalu datang. Dan tentu saja dalam kasus-kasus seperti ini sepengetahuan penulis tidak selalu dibarengi oleh honor yang memadai, apalagi ketika dihadirkan untuk kepentingan para buruh. 

____________________

References:

1. "Muchtar Pakpahan", //id.wikipedia.org., Diakses pada tanggal 23 Desember 2022, Link: https://id.wikipedia.org/wiki/Muchtar_Pakpahan

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

7. Ibid.