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Jahtra Solin; Dani Sintara

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Abuse is a crime against the body (physical). The word abuse as stated in the Big Indonesian Dictionary (KBBI) is arbitrary treatment (torture, oppression, and so on). From this definition, it is expanded again in terms of meaning, namely concerning "inner" or "feelings". The purpose of this study is to find out how criminal responsibility is imposed on perpetrators of abuse that causes minor injuries as regulated in Indonesian criminal law regulations The type of research used in this study is empirical legal research, namely legal research conducted by directly examining or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained from this study were analyzed using qualitative analysis, namely describing the existing realities based on the results of the study by systematically describing them to obtain clarity and facilitate discussion. Based on the results of the study, criminal responsibility for perpetrators of minor abuse that causes minor injuries in Indonesian criminal law is a combination of the application of basic principles of criminal law such as the principles of legality, proportionality, and intent, as well as flexibility in determining appropriate sanctions based on mitigating or aggravating factors. Ordinary assault is regulated in Article 351 of the Criminal Code, while minor assault is regulated in Article 352 of the Criminal Code. Premeditated and serious assault have stricter provisions, with heavier sanctions for the perpetrators. Based on the results of the research that has been conducted, it can be concluded that: Criminal liability for perpetrators of assault that causes minor injuries is regulated in the Criminal Code (KUHP), especially Article 352 of the Criminal Code. The judge's considerations in decision number 1748/Pid.B/2023/PN Lbp.

Siti Hamimah; Rengga Kusuma Putra

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The election organizers are regulated in Law Number 7 of 2017 as institutions that organize elections, consisting of the General Election Commission (KPU), the Election Supervisory Agency (Bawaslu), and the Honorary Council of Election Organizers (DKPP) as a unified election task force. The supervisory board elects members of the council, parliament members, representatives of state bodies, the president and vice president, as well as members of the people's representative council directly from the people. To implement Law No. 7 of 2017, the independence and autonomy of election organizers are required. These institutions will later have specific regulations to handle violations committed by election organizers. The mechanism for resolving violations by election organizers is regulated in DKPP Regulation Number 2 of 2019. This regulation contains several procedural rules for DKPP sessions, which then result in final and binding decisions. The problem formulation in this writing includes, How is the concept of handling ethical code violations of election organizers, and How to find an ideal model for handling ethical code violations of election organizers. The research method used is normative juridical writing. The handling of electoral criminal offenses, which has not been optimal as described above, is due to the supervisory scope of Bawaslu, as mandated by the Election Law, not being implemented maximally. Article 486 paragraph (2) stipulates that "Gakkumdu as referred to in paragraph (1) is attached to Bawaslu, Provincial Bawaslu, and Regency/Municipal Bawaslu" and Article 486 paragraph (4) states that "Investigators and prosecutors as referred to in paragraph (3) carry out their duties full-time in handling election criminal offenses." These two provisions emphasize that the scope of control over the process of handling electoral criminal offenses conducted by the Gakkumdu center lies within Bawaslu, not within each institution.

Andini Zaskia Karim; Daud Dima Tallo; Heryanto Amalo

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze criminal liability for military members who commit criminal acts of persecution together that result in serious injuries in the Jurisdiction of the Military Court III-15 Kupang. This research uses an empirical juridical approach, which is research whose data is obtained through efforts to investigate the reality in social life. The results of the study show that criminal liability in the Crime of Persecution committed by Military Members against civilians is resolved according to military disciplinary sanctions, namely temporary detention and administrative sanctions, and is also resolved by criminal sanctions, namely the Defendants are subject to 351 paragraph (2) Jo Article 55 paragraph (1) to 1 of the Criminal Code with a prison sentence of Defendant-1 for 1 (one) year and 2 (two) months,  Defendant-2 for 10 (ten) months and Defendant-3 for 8 (eight) months is reduced as long as the Defendants are in temporary custody. The Judge's consideration in imposing a verdict on the criminal act of persecution against civilians based on decision number 17-K/PM. III_15/AL/2023 uses 2 (two) types of considerations, namely Juridical Balance, which is based on the indictment of the Military Inspector, the testimony of witnesses, the testimony of the defendants, and also the existence of several pieces of evidence, while the consideration of Non-Juridical considerations is based on matters that can be aggravated and things that can be mitigated.

Dewi Maesyaroh; Sulistyanta Sulistyanta

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

Law Number 1 of 2023 about Criminal Code (KUHP), standardizes the criminalization of insults head of state Indonesia, particularly in Articles 217 to 220. The rule is considered contradictory because it can limit criticism toward the government. This study aims to examine regulations akining castigations against the President and Vice President and evaluate the impact of criminalization on freedom of expression and human rights. The research method utilized normative legal research conducted by reviewing literature and focusing on the democracy principles, freedom of speech, and civil rights. The study results show that the criminalization of offences aim the President and Vice is considered a mechanism check and conducive balance, ensuring that criticism against the President is conveyed responsibly without violating ethics, and maintaining the honor and dignity of the president. In conclusion, insulting the President provokes great consequences, in regard to the constitution, freedom of speech is not as limitless, and not absolute and must be rationated by the human rights of others. Therefore the rules concerning the criminalization of insults aim the President and Vice are suitable to maintain stability and public interest and belongs to the process of legal reform.

Donny Widianto; Zainal Arifin Hoesein

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.

Felix Eka Firtin Smit Kandun Mas; Sagung Putri M. E. Purwati

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Writing journal about "death penalty from a criminal and human rights perspectiveis " is to find and describe how the application of death penalty to date, in which there are several countries that apply it to as a payment and even the punishment must be accepted by someone who has violated the provisions of regulations in a country. There are Countries Applied death penalty include China, Saudi Arabia, Iran, the Indonesia and United States. In all countries there are various types of capital punishment, but the most commonly used are shooting and death row Implementation of death penalty in the Criminal Code is only regulated by Article 11 with the compiler R. Soesilo As the formula: the execution of death penalty is imposed by a judicial institution within the military court or general court, with a procedure of being shot to death in accordance with the provisions of Law No. 2 (PNPS) of 1964 However, death penalty contradicts of notion by human rights as described in article 3 of the DUHAM which states that the most extreme form of violation of the right to life is killing or injuring a person or group of people physically or mentally.

Allison Dara Dharmawan; Nadira Karisma Ramadanti

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of the 2023 Criminal Code shows a change in the direction of punishment in Indonesia. The 2023 Criminal Code emphasises the purpose of punishment on prevention, correction, and restoration of balance, in contrast to the old Criminal Code which was more oriented towards providing deterrent effects. This is proven by the emergence of alternative punishment in the form of supervision punishment and social work punishment. The purpose of this study is to examine whether this alternative punishment is appropriate when viewed from the purpose of punishment and how the implementation of alternative punishment in other countries. This alternative punishment not only provides a more humane and restorative punishment option, but is also expected to overcome the problem of overcapacity of Correctional Institutions (Lapas). In addition, this research discusses the implementation of alternative punishment in other countries, such as the Netherlands and Portugal, which have proven effective in reducing the prison population and recidivism rate. By using normative juridical research method, the author makes the Criminal Code 2023 as the main legal basis to be analysed.

Ishma Safira; Handar Subhandi Bakhtiar

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The crime of counterfeiting counterfeit money often occurs in Indonesia. Various policies through laws and implementing regulations have been issued, but these crimes always occur. One of the processes of proving the crime of counterfeiting money is using forensic science, therefore, the author is interested in analyzing what is the role of forensic evidence in proving the crime of counterfeiting money? In this research, the type of research used is normative research using a conceptual approach (conceptual approach) and legislation (legislative approach) related to forensic science. The results of the research explain that forensic evidence plays an important role in the investigation process and ultimately the judge can determine what crime the defendant deserves, forensic evidence is one of the pieces of evidence that perfects previous or other evidence as explained in Article 184 Paragraph (1) of the Criminal Procedure Code and Article 187 letter c KUHAP. The author's suggestion from the conclusions obtained is that investigations into criminal cases of money counterfeiting should always use forensic laboratory tests to obtain accurate evidence.

Yuni Farida Duka; Jimmy Pello; Heryanto Amalo

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the Court Decision on Law Enforcement Against Ordinary People Who Violate Medical Legal Norms based on the Study of Decision Number 195/Pid.Sus/2021/PN Kpg. This research was carried out using a normative juridical method with the technique of collecting legal materials, library research, then analyzed and compiled systematically. The results of the study show that the Defendant's Actions can be categorized as medical malpractice because they meet four key elements, namely liability, violation, causality, and loss. Given that the perpetrator is an ordinary person and not a medical professional, Article 360 of the Criminal Code is most appropriate to ensnare the perpetrator who is an ordinary person in the case of injury or health disorder because the relevance of Article 360 of the Criminal Code explicitly regulates negligence that causes injuries or health problems.

Ananda Kasmarani Sumby; Rudepel Petrus Leo; Sigit Prabowo Sonbait

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Adultery in Indonesia is discussed from two legal perspectives: Islamic Law (Qanun Jinayah) and Criminal Law from the perspective of the Criminal Code (KUHP). Each has different approaches and rules in regulating criminal liability for adultery. Adultery is considered a betrayal of marriage. The perpetrator of adultery is considered to have abused the trust of his/her spouse and violated the sacred promise of marriage. The type of research the author uses is normative juridical research (library research). This research is also called a document study conducted by examining legal materials by examining theories, concepts and laws and regulations related to this writing through literature studies. The purpose of this research is to understand and develop knowledge about the concept of adultery in Islamic criminal law and to study how the comparison of responsibility for adultery offenders in Islamic criminal law and Indonesian criminal law. The results showed that the punishment contained in Qanun Aceh Number 6 of 2014 is flogging. While Article 284 of the Criminal Code complaints must be made before the expiration of the prosecution period, which is six months from the time the husband or wife finds out about the adultery. Because in addition to the perpetrator of adultery getting a maximum imprisonment of nine months, he can also be subject to a maximum fine of Rp 15,000,000.

Maekal Ananta Pratama Ginting; Hasdiana Juwita Bintang; Henry Aspan

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, there is an article that prohibits obscene acts, which is regulated in Article 76E which reads: "Everyone is prohibited from committing violence or threats of violence, coercing, committing tricks, committing a series of lies, or persuading children to commit or allow obscene acts to be committed." Furthermore, Article 76D which reads: "Everyone is prohibited from committing violence or threats of violence to force a child to have intercourse with him or with another person This research was conducted with the aim of finding out how to protect the law for children who are victims of criminal acts of obscenity and how to prove and apply the law to criminal acts of obscenity committed by children. . The research method conducted in this study is a normative juridical research method so that it can be concluded as follows: 1. Child protection is regulated in Law Number 23 of 2002. In addition to Law No. 23 of 2002 concerning Child Protection in protecting victims of child molestation, Law No. 13 of 2006 concerning the Protection of Witnesses and Victims can also protect victims of child abuse and victims of other criminal acts.2. Evidence in the crime of obscenity uses evidence in accordance with the Criminal Code. The valid evidence according to Law No. 8 of 1981 is regulated in Article 184 of the Criminal Procedure Code which consists of witness statements, expert statements, letter of recommendation, and information of the defendant. In the application of the law against child molesters, Article 82 of Law Number 23 of 2002 concerning Child Protection can be applied by using the mechanism and system of child justice, namely Law Number 11 of 2012 concerning the Child Criminal Justice System.

Dadang Suganda; Halimatul Maryani; Dani Sintara; Tri Reni Novita

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Article 338 of the Criminal Code, the element of taking a life is formulated as een ander van het leven beroven which means "taking another person's life". Because the act or behavior of taking another person's life does not always contain an element of violence, whereas if the word oven is translated with the word plunder then the act must be carried out with violence. The research method used in this thesis is juridical-empirical. Juridical-empirical research is legal research regarding the application or implementation of normative legal provisions directly to each specific legal event that occurs in society. Data collection methods are techniques or methods that can be used by researchers to collect data. The technique of designating a word that is abstract and not manifested in objects, but its use can only be seen through: questionnaires, interviews, observations, exams (tests), documentation, etc. Based on the research results, in case 200/Pid.B/2023/PN Kabanjahe, the application of Article 338 of the Criminal Code (KUHP) as a basis for assessing the crime of murder has a number of aspects that need to be studied in depth. The Public Prosecutor charged the Defendant with many articles, starting from Article 170 paragraph (2) 3e of the Criminal Code to Article 55 paragraph (1) 1st of the Criminal Code. This shows the prosecutor's efforts to cover all actions carried out by the Defendant. However, the main focus should be on premeditated murder, which is regulated in Article 340 of the Criminal Code.  In case 200/Pid.B/2023/PN Kabanjahe, the defendant Melina Simanjuntak alias Mamak Rani alias Ina Juntak was found guilty of committing the crime of murder accompanied by theft based on Article 339 of the Criminal Code in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. The Panel of Judges considered a number of legal facts revealed during the trial, including the Defendant's direct involvement in the criminal acts committed with Jamando Sipayung. The use of strong evidence, such as bloodstains and valuables belonging to the victim, further strengthens the charges. Therefore, the Defendant was sentenced to prison for 15 years, with the period of detention already served being deducted from the sentence. Based on the research that has been carried out, it can be concluded that in case 200/Pid.B/2023/PN Kbj, the application of the elements The crime of murder as regulated in Article 338 of the Criminal Code has been carried out carefully. Apart from that, the consideration of the Panel of Judges in handing down sentences against perpetrators also reflects justice. The judge considers the background of the case, the perpetrator's motivation based on hurt feelings, and the impact of the act on the victim and his family

Eka Suryani; Nelvitia Purba

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Traffic accidents are a very serious health problem in the world which causes death and is ranked 9th in the world. Indonesia is ranked 5th in the world as the country with the highest traffic accident rate. This research aims to determine the application of criminal sanctions by judges to perpetrators of criminal traffic accidents that result in death. The location for data collection in this research is at the Deli Serdang Police Traffic Unit Gakkum Unit which is located on Jl. Sudirman, No. 18. Lubuk Pakam, North Sumatra, Indonesia. The type of research used in this research is empirical research, namely legal research carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem being studied. The data analysis technique used in this legal research uses qualitative analysis.  Based on the results of research conducted by Government Regulation no. 37 of 2017 also strengthens the importance of supervision and law enforcement in the field of traffic safety, underlining the need for traffic engineering and improved traffic management to prevent accidents. The research concludes that legal regulations are adequate, but their implementation in the field still requires strengthening, especially in consistently enforcing criminal sanctions. In decision 1271/Pid.Sus/2022/PN/Lbp, there are a number of important factors which are the judge's main considerations in imposing criminal sanctions on perpetrators of traffic accidents that cause death. First, the defendant's negligence factor is the main key in determining sanctions. The judge considered that the defendant's negligence, who was driving the vehicle while tired and sleepy, was the main cause of the accident. Crimes related to traffic accidents also refer to Articles 359 and 360 of the Criminal Code for cases involving death or injury due to negligence. Obligations for public transport companies involved in accidents are also regulated in the LLAJ Law, which includes the obligation to compensate passengers or goods owners. The implementation of this law shows that even though the rules have been stipulated in detail, the effectiveness of law enforcement is still influenced by law enforcement facilities and infrastructure as well as community behavior in complying with applicable rules. It can be concluded that the Criminal Code (KUHP) and Law no. 22 of 2009 concerning Road Traffic and Transportation has provided a clear legal basis. Article 359 of the Criminal Code regulates negligence that results in the death of another person with the threat of a prison sentence of up to five years. In decision 1271/Pid.Sus/2022/PN/Lbp, there are a number of important factors which are the judge's main considerations in imposing criminal sanctions on perpetrators of traffic accidents that cause death. In its application the judge imposed a lighter sentence compared to the maximum sentence regulated in Article 310 paragraph (4) of the Traffic Law, although he still took into account the serious consequences of the defendant's negligence which caused the fatal accident.

Lusiani Silalahi; Tri Reni Novita

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Cases of criminal acts of theft with ongoing aggravations, as regulated in various court decisions, criminal law provisions often give the impression that there is only one main perpetrator who is charged with criminal sanctions for each criminal act. Shows how criminal law must respond to situations where crimes are committed repeatedly and involve more than one individual. In general, participation can be interpreted as an act (criminal act) carried out by more than one person. Therefore, determining the position of the perpetrator in a criminal act is very important. Perpetrators in the general sense of plea must be distinguished from perpetrators in the formulation of Article 55 paragraph (1).The aim of this research is to determine the Juridical Review of the Crime of Theft with Continuous Aggravation. The location for data collection in this research was at the Galang Police Criminal Investigation Unit, Deli Serdang Police on Jl. Perintis Independen No 1 Galang Kota, Galang sub-district, Deli Serdang Regency. The type of research used in this research is empirical research, namely legal research carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Researchers can use one or a combination of techniques depending on the problem being faced or being researched. The data analysis technique used in this legal research uses qualitative analysis.Based on the research results, in Decision Number 1271/Pid.B/2023/PN Lbp regarding the crime of theft with ongoing aggravation, various causal factors and legal considerations show the complexity of the case. The main causal factors include economic and social conditions that encourage individuals to look for shortcuts in meeting their living needs, as well as the influence of the social and social environment which can increase the risk of involvement in criminal acts. Lack of access to education and training, as well as psychological factors such as emotional disorders and certain personality characteristics, also play a significant role in driving criminal activity.It can be concluded that the application of Article 363 Paragraph (1) 3rd and 4th of the Criminal Code, the Panel of Judges considered that the defendant's actions fulfilled the elements of the crime of theft with aggravation as regulated in Article 363 Paragraph (1) 3rd and 4th of the Criminal Code.

I Gusti Made Darwin Damareksa Putra; Dewa Gede Pradnya Yustiawan

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is intended to examine and gain a deep understanding of the different types of legal protections applicable to online game account transactions affected by fraud and scams, both prior to and following the establishment of agreements, by referring to the current laws and regulations in Indonesia. The scope of this legal protection includes preventive measures as well as the reinstatement of consumer rights in transactions impacted by fraud or scams, within the framework of national law. The study aims to clarify the various forms of legal protection available to consumers and the legitimacy of online game account transactions according to Indonesian law. Furthermore, the research explores the processes involved in online game account transactions and the definitions and features of scams and fraud from both civil and criminal legal perspectives. It also integrates various pertinent laws, including the Consumer Protection Law, the Information and Electronic Transactions Law, the Civil Code (KUHPerdata), and the Criminal Code (KUHP), along with recent updates to the newly established Criminal Code.

Haikal Fikri Ente

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out about the forms of child exploitation that occur in the city of Gorontalo and the application of legal sanctions against perpetrators of child exploitation from the perspective of criminal law and jinayah jurisprudence. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research show that the form of child exploitation that occurs in Gorontalo City is sexual exploitation of children. Sexual exploitation of children is the act of using children for sexual purposes in exchange for cash or other forms between children, buyers of sexual services, intermediaries or agents, and other parties who benefit from transactions involving the child's sexuality. In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, it is explained that what is meant by sexual exploitation is any form of use of a child's sexual organs or other bodily organs to obtain profit, including but not limited to on all prostitution and obscenity activities as well as in positive criminal law, especially in article 296 of the Criminal Code, it is explained that "anyone who connects or facilitates obscene acts by another person with another person, and makes it a livelihood or habit, is threatened with imprisonment for a maximum of one year four months and a maximum fine of one thousand rupiah.” Looking at the contents, this article does not discuss or write words about sexual exploitation, but if you examine the contents of the article, it seems that this article can be categorized as an article that discusses sexual exploitation.

Fikri Dwi Fadillah; Iron Fajrul Aslami; Safiulloh Safiulloh

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

In the case of a man who killed a goat thief in Serang, Banten, namely the case of Muhyani (58), the prosecutor issued a Letter of Decision to Terminate Prosecution with the Number Tap-209/M.6.10/Eoh.1/12/2023, in which there was an identification of the problem of society still not understanding the Criminal Code regulations regarding the Reasons for Forgiveness in the elimination of criminal acts, so this research aims to 1. Understand the legal perspective on forced defense according to Article 49 paragraph 1 of the Criminal Code, 2. Know the resolution in a case of forced defense (Noodweer) then in the research, namely 1) How is the study of the form of reasons for forgiveness in criminal law in Indonesia?, 2) What are the considerations in determining the existence of reasons for forgiveness in the case of letter Tap-209/M.6.10/Eoh.1/12/2023 in the prosecutor's office and police investigation. In this thesis, the normative legal research method is used through the approach of legislation, cases, and conceptual approaches. then connected with related laws, then analyzed using legal theory, and conducting interviews. Article 49 paragraph (1) of the Criminal Code stipulates that, "No person shall be punished if he carries out an act of forced self-defense for himself or another person, his moral honor or his or another person's property, because there is an attack or threat of an attack which is very close at that time, which is prohibited by law." From the results of the study, the following conclusions were drawn: 1). Reasons for forgiveness fall within the scope of criminal abolition, and in general, criminal abolition is divided into two, namely reasons for forgiveness and reasons for justification. 2). In the case of Muhyani, a goat farmer who killed a thief, the Serang District Attorney's Office determined that the case was declared as a forced defense of his other assets as referred to in Article 49 paragraph 1 of the Criminal Code.

Nurmagfirah M Zain; Mohamad Rusdiyanto U. Puluhulawa2; Julisa Aprilia Kaluku

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the application of Indonesian positive law to the crime of taking foreign citizens hostage in Indonesia. This research is classified as normative legal research with a statutory approach and a case approach. Legal materials are collected through literature study, then analyzed prescriptively. The research results show that the criminal act of taking foreign citizens hostage, in this case a pilot from New Zealand in Indonesia, is an unlawful act. The legal regulations that were violated by the crime of taking hostages were Article 6 of Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning the Establishment of Government Regulations in Lieu of Law Number 1 of 2002 concerning the Eradication of Criminal Acts. Terrorism Becomes Law and Article 451 of Law Number 1 of 2023 concerning the Criminal Code.

Sigit Kamseno; Agam Sakti Hidayat

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study discusses the comparison of criminal law related to sexual violence in Indonesia and Singapore, focusing on the legal framework, definition and types of sexual violence, law enforcement process, and sanctions and punishments. In Indonesia, criminal law on sexual violence is regulated through Law No. 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) and the Criminal Code (KUHP), which covers various forms of sexual violence. Singapore uses the Penal Code and the Women's Charter as the legal basis, with additional protection for children through the Children and Young Persons Act (CYPA). This study found that Indonesia has a broader and more comprehensive definition of sexual violence than Singapore, which tends to be more specific. The law enforcement process in both countries involves reporting, investigation by the police, and the courts, but Singapore has a special unit that handles sexual crimes with a more focused focus. Sanctions and punishments in Singapore tend to be heavier, including caning, while in Indonesia, punishments vary depending on the type of sexual violence. The research method applied in this study is the normative legal method, which focuses on the analysis of laws and regulations, legal documents, and legal concepts relevant to a legal problem. The approach used is a conceptual approach, which prioritizes analysis from a problem-solving perspective. This approach involves understanding the legal concepts that underlie or form the background of the problem, as well as considering the values ​​contained in the normative of a regulation related to these concepts.

Anzil Rahmahdila; Arfi Exza Dheo Renova

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The criminal justice system in Indonesia is plagued by various types of crimes, including official indifference, abuse of authority by officers, and human rights violations related to people's civil rights.  The rights of suspects, which are fundamental human rights and are ingrained in them, are often ignored in the Indonesian criminal justice system, to the detriment of suspects.  The case that attracted attention was an incident that occurred in 2013 in Cipulir, South Jakarta, where several buskers were accused of committing the crime of murder.  This case surfaced after reports that detained buskers were not given their basic rights during the investigation process, which could be linked to a violation of Miranda Rule principles.  This research aims to find out how the Miranda Rule principles guarantee the rights of suspects in the criminal justice system in Indonesia.  The method used in this research is a normative method, using the concept of a statutory approach.  The purpose of the results of this research is to understand that the Miranda Principle or known as Miranda rights is what happens when someone gives a warning to someone who is in danger.   Namely the right to obtain/contact legal advisors/advocates.  If unable, then given the opportunity to provide legal advice/advocate.  The right to obtain legal assistance has been included in Articles 54, 55 and 114 of the Criminal Procedure Code.   If he is unable to do so, the suspect has the right to be provided with legal advice by the relevant official or through an investigator, as regulated in article 56 paragraph 1 of the Criminal Procedure Code.   As for Miranda Warning (Right To Remain Silent), it is not regulated explicitly, but its application can be interpreted implicitly in articles 52, 117 and 166 of the Criminal Procedure Code.