Jhon There Als Jhon Anak Lipus

PUTUSANNomor 476/Pid.B/2019/PN MpwDEMI KEADILAN BERDASARKAN KETUHANAN YANG MAHA ESAPengadilan Negeri Mempawah yang memeriksa dan mengadili perkarapidana pada tingkat pertama yang diperiksa secara biasa, telah menjatuhkanputusan sebagaimana tersebut dibawah ini dalam perkara dengan Terdakwa :Nama lengkap : Jhon There als Jnon Anak Lipus;Tempat lahir : Paga;Umur/tanggal lahir : 36 Tahun/ 03 Maret 1983;Jenis Kelamin : Lakilaki;Kebangsaan : Indonesia;Tempat tinggal : Desa Paga Kecamatan Paga Kabupaten

Menyatakan Terdakwa JHON THERE Als JHON Anak LIPUS terbukti secarasah dan meyakinkan bersalah melakukan tindak Pidana Pencurian,sebagaimana diatur dan diancam pidana dalam Pasal 362 Kitab UndangUndang Hukum Pidana (KUHP).2. Menjatuhkan pidana terhadap Terdakwa JHON THERE Als JHON Anak LIPUSberupa pidana penjara selama 1 (satu) Tahun dengan dikurangi selamaTerdakwa berada dalam masa tahanan dan memerintahkan agar Terdakwatetap ditahan.3.

Menyatakan barang bukti berupa : 1 (satu) unit HP merk OPPO F11 warna ungu dengan nomor imei865013040150259; 1 (satu) buah Flashdisk yang berisi rekaman CCTV;Dikembalikan kepada saksi korban EKA REISANTY. 1 (satu) helai baju kaos warna hitam bertuliskan VLCM STONE; 1 (satu) helai topi kupluk warna hitam;Dikembalikan kepada Terdakwa JHON THERE Als JHON Anak LIPUS (Alm). 1 (satu) buah kayu yang berukuran kurang lebih 1 (satu) meter;Dirampas untuk dimusnahkan.4.

ia Terdakwa JHON THERE Als JHON Anak LIPUS, pada hariSabtu tanggal 3 Agustus 2019 sekira jam 07.00 Wib, atau setidaktidaknya padasuatu waktu dalam bulan Agustus tahun 2019, bertempat di BTN Teluk Mulus, BlokL.5 RT 006, RW 005, Ds.

Menyatakan Terdakwa JHON THERE als JHON Anak LIPUS tersebut di atas,terbukti secara sah dan meyakinkan bersalah melakukan tindak pidanaPencurian sebagaimana dalam dakwaan Penuntut Umum;2. Menjatuhkan pidana terhadap Terdakwa JHON THERE als JHON Anak LIPUSoleh karena itu dengan pidana penjara selama 10 (Sepuluh) bulan;3. Menetapkan masa penangkapan dan penahanan yang telah dijalani Terdakwadikurangkan seluruhnya dari pidana yang dijatuhkan;4. Menetapkan Terdakwa tetap ditahan;5.

Menetapkan Pemohon Putra Lullung Manika sebagai wali yang sah dari Ambun Lullung Manika, Ratte Manika Salurante dan lvana There Manika untuk mewakili dan bertindak atas nama: Ambun Lullung Manika, Ratte Manika Salurante dan Ivana There Manika khusus untuk menandatangani surat-surat yang berhubungan dengan pengurusan balik nama Sertifikat tanah atas nama Lullung Manika yaitu :

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am using WhatsApp pa JT leg hse Usage le Ls agt~270793 ~TAUFIK NH@ +62 81286140744 @ +62 85283544076 +62 85814955540Hey there! am using WhatsApp.

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and plant products harvested, picked or gathered there;b) Live animals?

born and raised there;c) Produce obtained from live animals referred to in paragraph (b) above;d) Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e) Minerals and other naturally occurring substances, not included in paragraphsto (d), extracted or taken from its soil, waters, seabed or beneath their seabed;t) Products taken from the waters, seabed or beneath the seabed outside the territo:waters of that Party, provided that that Party has the rights

to exploit such wateseabed and beneath the seabed in accordance with international law;g) Products of sea fishing and other marine products taken from the high seasvessels registered with a Party or entitled to fly the flag of that Party;h) Products processed and/or made on board factory ships registered with a Partyentitled to fly the flag of that Party, exclusively from products referred toparagraph (g) above;i) Articles collected there which can no longer perform their original purpose norcapable

;Live animals born and raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recoveryparts of raw materials, or for recycling purposes; andj.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible u1Rule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recovery of pof raw materials, or for recycling purpose(4; andk.

and plant products harvested, picked or gathered there;(b) Live animals?

born and raised there,(c) Product obtained from live animals referred to in paragraph(b) above,(d) Products obtained from hunting, trapping, fishing,aquaculture, gathering or capturing conducted there,(e) Minerals and other naturally occurring substances, notincluded in paragraphs (a) to (d), extracted or taken from itssoil, waters, seabed or beneath their seabed,(f) Products taken from the waters, seabed or beneath the seabedoutside the territorial waters of that Party, provided that thatParty has

However, it may release the prOducts to theimporter subject to any administrative measures deemednecessary, including imposition of customs duties at the higherapplied rate or equivalent amount of deposit, provided thatthey are not held to be subject to import prohibition orrestrictiorf and there is no suspicion of fraud.h5. bahwa dikarenakan Origin Criteria yang disebutkan pada Form Eadalah Wholly Obtained dan terdapat keraguan dart Pejabat Beadan Cukai akan Origin Criteria maka dilakukan retroactive

and plant products harvested, picked or gathered there,b. Live animals? born and raised there;c. Product? obtained from live animals referred to in paragraph (b) above;d. Products obtained from hunting, trapping, fishing, aquaculture,gathering or capturing conducted there,e. Minerals and other naturally occurring substances, not included inparagraphs (a) to (d), extracted or taken from its soil, waters, seabed orbeneath their seabed,f.

Articles collected there which can no longer perform their originalpurpose nor are capable of being restored or repaired and are fit only fordisposal or recovery of parts of raw materials, or for recyclingpurposes4, andj.

Plant and plant products harvested, picked or gathered there;Menimban :8tersLive animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gathering or capturing conducted there;Minerals and other naturally occurring substances, not included in paragraphs (a) to (d), extracted ortaken from its soil, waters, seabed or beneath their seabed;f.

Articles collected there which can no longer perform their original purpose nor are capable of beingrestored or repaired and are fit only for disposal or recovery of parts of raw materials, or for recyclingpurpose(4; andk.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible u1Rule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recovery of pof raw materials, or for recycling purpose(4; andk.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible utRule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose noraQo00mMenimbangmengingatcapable of being restored or repaired and are fit only for disposal or recovery of pof raw materials, or for recycling purpose(4; andk.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible utRule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose noraQo00mMenimbangmengingatcapable of being restored or repaired and are fit only for disposal or recovery of pof raw materials, or for recycling purpose(4; andk.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible u1Rule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recovery of pof raw materials, or for recycling purpose(4; andk.

originrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligibleunder Rule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produced orobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gathering orcapturing conducted there;as oese.

Articles collected there which can no longer perform their original purpose nor arecapable of being restored or repaired and are fit only for disposal or recovery ofparts of raw materials, or for recycling purpose(4; andJ.

However, it may release the products to the importersubject to any administrative measures deemed necessary,including imposition of customs duties at the higher applied rate orequivalent amount of deposit, provided that they are not held to besubject to import prohibition or restriction and there is nosuspicion of fraud,(iii) The Customs Authority or the Issuing Authorities of the exportingParty receiving a request for retroactive check shall respond to therequest promptly and reply not later than

preferential concessions if theyconform to the origin requirements under any one of the following:(a) Products which are wholly obtained or produced as set out and defined inRule 3; or(b) Products not wholly produced or obtained provided that the saidproducts are eligible under Rule 4, Rule 5 or Rule 6.Rule 3, Wholly Obtained Products:Within the meaning of Rule 2 (a), the following shall be considered as whollyproduced or obtained in a party:(a) Plant and plant products harvested, picked or gathered there

,(b) Live animals2 born and raised there,(c) Product3 obtained from live animals referred to in paragraph (b) above;(d) Products obtained from hunting, trapping, fishing, aquaculture, gatheringor capturing conducted there,(e) Minerals and other naturally occurring substances, not included inparagraphs (a) to (d), extracted or taken from its soil, waters, seabed orbeneath their seabed; (t) Products taken from the waters, seabed orbeneath the seabed outside the territorial waters of that Party, providedthat

Above,(i) Articles collected there which can no longer perform their originalpurpose nor are capable of being restored or repaired and are fit only fordisposal or recovery of parts of raw materials, or for recycling purposes.bahwa berdasarkan hal tersebut di atas maka telah dimintakan konfirmasimengenai keraguan terhadap tanda tangan dan keraguan terhadap origincriteria pada Xiamen EntryExit Inspection and Quarantine Bureau sebagaipihak yang menerbitkan Form E tersebut dengan surat Kepala KantorPelayanan

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible utRule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recovery of pa00mMenimbangmengingatof raw materials, or for recycling purpose(4; andk.

For exports to the above mentioned countries tceligible for preferential treatment, the requirement is that either: (1) The products whobtained in the exporting Member State as defined in Rule 3 of the ASEANChina RuleOrigin;bahwa berdasarkan Annex 3 Rule 3 Rules of Origin for The ASEANChina Free T:Area:Within the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a party:Plant and plant products harvested, picked or gathered there;Live animals born and raised there

Products obtained from hunting, trapping, fishing,aquaculture,gatheringcapturing conducted there;e. Minerals and other naturally occuring substances, not included in paragrapkto (d), extracted or taken from its soil, waters, seabed or beneath their seabed:f. Products taken from the waters, seabed or beneath the seabed outsideterritorial waters of that party, provided that that Party has the rights to extsuch waters, seabed and beneath the seabed in accordance with internaticlaw;g.

Articles collected there which can no longer perform their original purposeare capable of being restored or repaired and are fit only for disposal or recoof part; of raw materials, or for recycling purposes; andj..

Plant and plant products harvested, picked or gathered there;b. Live animals born and raised there;c. Product obtained from live animals referred to in paragraph (b) above;d. Products obtained from hunting, trapping, fishing, aquaculture, gathering orcapturing conducted there;e. Minerals and other naturally occurring substances, not included in paragraphs (a)to (d), extracted or taken from its soil, waters, seabed or beneath their seabed;f..

Articles collected there which can no longer perform their original purpose nor arecapable of being restored or repaired and are fit only for disposal or recovery ofparts of raw materials, or for recycling purpose(4; andk.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible utRule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recovery of pof raw materials, or for recycling purpose(4; andk.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligible utRule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produceobtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;e.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recovery of pof raw materials, or for recycling purpose(4; andk.

to the orrequirements under any one of the following:Products which are wholly obtained or produced as set out and defined in Rule 3; orProducts not wholly produced or obtained provided that the said products are eligunder Rule 4, Rule 5 or Rule 6.bahwa pada Rule 3, disebutkan, sebagaimana kutipan berikut:Rule 3: Wholly Obtained ProductsWithin the meaning of Rule 2 (a), the following shall be considered as wholly produce.obtained in a Party:Plant and plant products harvested, picked or gathered there

;Live animals born a nd raised there;Product obtained from live animals referred to in paragraph (b) above;Products obtained from hunting, trapping, fishing, aquaculture, gatheringcapturing conducted there;as ose.

Articles collected there which can no longer perform their original purpose norcapable of being restored or repaired and are fit only for disposal or recover:parts of raw materials, or for recycling purpose(4; andk.

of Origin (Form E) shall be allowed subject tothe domestic laws, regulations and administrative rules of the importing Party provided eachitem must qualify separately in its own right;bahwa berdasarkan Annex 3: Operational Certification Procedures (OCP) For The Rules Of Origin OfThe AseanChina Free Trade Area pada Rule 3 dinyatakan Within the meaning of Rule 2 (a), thefollowing shall be considered as wholly produced or obtained in a Party:a) Plant and plant products harvested, picked or gathered there

;b) Live animals 2 born and raised there;c) Product obtained from live animals referred to in paragraph (b) above;d) Products obtained from hunting, trapping, fishing, aquaculture, gathering or capturingconducted there;e) Minerals and other naturally occurring substances, not included in paragraphs (a) to (d),extracted or taken from its soil, waters, seabed or beneath their seabed;Jf) Products taken from the waters, seabed or beneath the seabed outside the territorial waters ofthat Party, provided

that that Party has the rights to exploit such waters, seabed and beneaththe seabed in accordance with international law;g) Products of sea fishing and other marine products taken from the high seas by vesselsregistered with a Party or entitled to fly the flag of that Party;h) Products processed and/or made on board factory ships registered with a Party or entitled to flythe flag of that Party, exclusively from products referred to in paragraph (g) above;i) Articles collected there which can no