Jurnal Panah Hukum

PERTIMBANGAN HAKIM DALAM PEMIDANAAN PELAKU TINDAK PIDANA BIDANG PANGAN

Sudirman Laia — 2025-07-31

Nowadays, there are more and more cases of food crimes and there are also many punishments for food criminals that are decided by the courts and have legal force that is not in accordance with laws and regulations. One of the said judgments is judgment number 1130/Pid.B/2016/PN.Bdg. In the said judgment, the offender was convicted under Article 135 jo. Article 71 paragraph (2) letter a of the Food Act carries the threat of imprisonment or fines, but the judge imposes imprisonment along with the fine. Therefore, this study aims to find out and analyze the judge's considerations in the punishment of perpetrators of food crimes (study of verdict number 1130/Pid.B/2016/PN.Bdg). This research uses a type of normative legal research, using secondary data and methods of approaching laws and regulations, case approaches, and analytical approaches, as well as using qualitative data analysis. Based on the findings of research and discussion, it can be concluded that the judge's consideration in sentencing perpetrators of food crimes (study decision number 1130/Pid.B/2016/PN.Bdg) consists of juridical and non-juridical considerations. Juridically, the perpetrator has been proven to have committed a criminal act as referred to in Article 135 jo. Article 71 paragraph (2) letter a of the Food Act. Non-juridically, there is a burdensome reason for the punishment for the perpetrator, namely that the perpetrator has been convicted. Therefore, the imposition of imprisonment along with the fine in the judgment is a punishment for the perpetrator. However, in this article, there is a threat of a fairly high penalty, namely a maximum of 2 (two) years in prison or a maximum fine of Rp 4,000,000,000 (four billion rupiah). In order to impose a sentence on the perpetrator, the judge can impose a maximum prison sentence or a maximum fine, so that the judge's decision does not seem to deviate from the Food Law. The researcher suggested that the judge in passing each conviction in accordance with the criminal threat in the Food Act.

PERTIMBANGAN HAKIM DALAM PENJATUHAN HUKUMAN KEPADA KORBAN PEMBUNUHAN DITINJAU DARI ASPEK KEADILAN HUKUM

Sesilia Selnika Wau — 2025-07-31

The aim of this research is to find out the judge's considerations in sentencing murder victims from the aspect of legal justice. The type of research used by the author is normative legal research using the Legislative Regulations approach, case method, analytical approach. Normative law is a type of legal research that places law as a system that studies and uses secondary data. Data collection was carried out using secondary data, which was obtained through library materials consisting of primary legal materials and secondary legal materials. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that in his consideration the judge was negligent and/or did not take into account the interests of the victim in implementing legal justice, in this decision using Article 351 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code that if violence This causes abuse which results in death with a maximum prison sentence of 7 (seven) years. However, according to the author's analysis, if we look at the chronology, there is an element of planning.

PENERAPAN PIDANA DENDA MELEBIHI ANCAMA MAKSIMUM PADA TINDAK PIDAN PENCABULAN ANAK

Petrus Zagoto — 2025-07-31

Based on the background of this problem, the problem formulation in this research is how to impose a fine that exceeds the maximum threat for the crime of child molestation (Decision Study Number 8/Pid.Sus/2021/Pn.Jap). The type of research used in this research is normative legal research using a statutory regulation approach, case approach, and analytical approach by collecting secondary data consisting of primary legal material, secondary legal material, and tertiary legal material. Qualitative data analysis, namely secondary data obtained from research results, is arranged descriptively, logically and systematically, and conclusions are drawn using inductive methods. Based on the research findings and discussion, it can be concluded that the application of a fine exceeding the maximum threat for the crime of child molestation (decision study number 8/Pid.Sus/2021/PN.Jap) is not legally justified because it does not provide a sense of justice to the defendant so that violates the principles of the rule of law where in article 82 paragraph 1 of the child protection law the penalty is limited to a fine of Rp. 60,000 Million – Rp. 300,000 Million. However, in the judge's decision, he gave a higher award, namely Rp. 800,000 million thereby violating applicable statutory provisions. The author's suggestions are; (1) Judges should be more careful in deciding cases because Indonesia is a rule of law country. (2) Imposing a sentence that is not in accordance with the rules is an indication of a violation of human rights. (3) The Supreme Court or the judicial commission as a supervisor of the performance of judges should tighten supervision of judges who give sentences to people who do not comply with the applicable laws and regulations.

PELAKSANAAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ORANG DEWASA STUDI DI KEJAKSAAN NEGERI NIAS SELATAN

Rahmat Laia — 2025-07-31

In criminal cases including the offender, victim, victim's family, and other connected parties, restorative justice emphasizes restoration to the pre-crime state rather than vengeance in an effort to find an equitable conclusion. The purpose of this study is to ascertain how the South Nias District Prosecutor's Office uses restorative justice to address abuse-related crimes committed by adult subjects. Sociological or empirical legal research is the kind that is employed; it looks at relevant legal provisions based on real-world events in a society. The primary, secondary, and tertiary data that were gathered from secondary legal texts were used in the data gathering process. Qualitative data analysis is the method employed. Analyzing qualitative data is done concurrently with the process of gathering data. The best option provided by the South Nias District Prosecutor's Office for resolving a crime in a family-friendly manner is the application of restorative justice in the resolution of criminal acts of abuse committed by adult students, according to the findings of research conducted in the area. Both sides gain from this settlement in terms of time, fines, and expenses. The Prosecutor will present both parties to give guidance and broker a settlement for its execution. If they consent, the prosecutor will sentence the offender in accordance with the terms of the agreement. Subsequently, both sides execute a formal agreement that serves as a legally enforceable commitment for both parties.

PEMIDANAAN MELEBIHI ANCAMAN MAKSIMAL PADA TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN MATINYA ORANG

Yufran Dakhi — 2025-07-31

The crime of abuse is a crime that can cause injuries and pain that can endanger or damage the health of the human body and limbs and even cause death. Meanwhile, abuse that results in the death of a person is an act of crime against a person's body or soul, where in formulating an act of abuse that results in death, it must be seen that the person's death was not intended, meaning that the perpetrator did not intend that the abuse he committed would result in death. To minimize these crimes from occurring, law enforcement is needed in accordance with the provisions of applicable laws and regulations with the aim of providing a deterrent effect to perpetrators of criminal acts. Based on this background, the author is interested in conducting research with the title punishment exceeding the maximum threat for criminal acts of abuse. resulting in the death of people. (study decision number 219/Pid.B/2018/PN Bgl). The type of research used is normative legal research using the statutory regulatory approach, case approach and analytical approach. Data collection was carried out using secondary data obtained through library materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that punishment exceeding the maximum threat for criminal acts of abuse which result in the death of a person (decision number 219/Pid.B/2018/PN Bgl) is based on the facts revealed at trial taking into account the juridical basis, and non-juridical, and must consider philosophical foundations. Meanwhile, in imposing a crime that exceeds the maximum threat to the perpetrator, the judge pronounces a decision that is not in accordance with the provisions of the applicable laws and regulations, where in Article 351 paragraph (3) of the Criminal Code, the maximum criminal threat limit has been determined for violations of criminal acts of abuse that result in the death of a person. The author suggests that judges in handing down decisions to perpetrators of criminal acts of abuse which result in the death of people should be based on the provisions on threats in the article which are proven at trial so as to provide a sense of justice for both the victim and the perpetrator.

TINJAUAN YURIDIS TERHADAP IMPLEMENTASI PIDANA MATI BAGI PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA

Balasius Basozisekhi Buulolo — 2025-07-31

The death penalty is the imposition of a crime by depriving an individual who has broken a law that stipulates that their offense is punished by death of their right to life. To get the death penalty is to take someone's life. Severe crimes will carry the death sentence; premeditated murder is one such offense that was tried by a panel of judges at the Sengeti District Court (Decision Number: 36/Pid.B/2013/PN.Snt). In this ruling, the judge determined that the defendant had been shown legally and credibly guilty of premeditated murder. imposed the death punishment on the accused. The study is titled "Judicial review of the application of capital punishment for premeditated murderers" (Decision Study Number). Normative legal research employing the statutory approach, case approach, and analytical method is the sort of study that is done. Primary, secondary, and tertiary data were used in the data gathering process. Deductive reasoning is employed to arrive at conclusions from the descriptive qualitative data analysis. Drawing on study findings and debates, it may be determined that the judges' decision to impose the death penalty was motivated by retaliation rather than serving as a deterrence for the offender. According to researchers, the application of the death sentence for those who commit premeditated murder violates both Article 9 paragraph (1) and Article 28 A of the 1945 Constitution from a legal standpoint.

PENERAPAN PEMIDANAAN KEPADA PELAKU YANG DENGAN SENGAJA TIDAK MELAPORKAN ADANYA TINDAK PIDANA NARKOTIKA

Debora Grace Daeli — 2025-07-31

Narcotics are substances or drugs originating from plants or non-plants, both synthetic and semi-synthetic which can cause a decrease or change in consciousness, disappearance, reduction and elimination of pain and cause addiction. One of the narcotics crimes that has been examined and tried by the Jeneponto District Court is decision number 153/Pid.Sus/2019/PN.Jnp. The type of research used is normative legal research with approach methods, statutory approaches, case approaches and analytical approaches. Data collection was carried out using secondary data, which was obtained through library materials consisting of primary, secondary and tertiary legal materials. The data analysis used is descriptive quantitative data analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that the application of punishment to perpetrators who deliberately do not report a narcotics crime (decision study number 153/Pid.Sus/2019/PN.Jnp), in terms of evidence it is clear that the elements in article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, where the threat is imprisonment and a fine. However, in the decision, the judge adjudicating the case only sentenced the perpetrator to prison for 7 (seven) months in prison, without imposing a fine. The author suggests to law enforcement agencies that the Panel of Judges who examine and decide on Narcotics criminal cases should be more careful in imposing sentences imposed on perpetrators of Narcotics crimes in accordance with applicable laws and regulations.

PERLINDUNGAN HUKUM TERHADAP HAK-HAK TERSANGKA DALAM PROSES PENYIDIKAN PERKARA TINDAK PIDANA PENGEROYOKAN YANG DILAKUKAN SECARA BERSAMA-SAMA

Kristinus Laia — 2025-07-31

Legal protection is an effort to protect the government or authorities with a number of existing regulations. In this research, the problem formulation is how the law protects the rights of suspects in the process of investigating cases of criminal acts of assault which are carried out jointly (decision study 475 K/Pid/2018). Investigators violated the suspect's rights during the investigation into decision Number 475 K/Pid/2018. The type of research used is normative legal research using the statutory approach, case approach and analytical approach. Data collection was carried out using primary data, secondary data and tertiary data. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on research findings and discussions, it can be concluded that legal protection for suspects' rights has been regulated in statutory regulations in accordance with those contained in the Criminal Procedure Code contained in Articles 50-68, Law Number 39 of 1999 concerning Human Rights, Laws Law Number 48 of 2009 concerning Judicial Power and National Police Chief Regulation Number 14 of 2012 concerning Management of Criminal Investigations. In the event of a violation of a suspect's rights, especially a violation regarding not being given the right to be accompanied by a legal advisor, the investigation report report and the indictment from the public prosecutor cannot be accepted or are null and void by law. The author advises investigators in the process of investigating a case to respect and fulfill the suspect's rights in accordance with applicable regulations. Before an investigation is carried out, the investigator first informs the suspect about his rights as a suspect, so that the suspect's rights can be fulfilled legally. It is also hoped that investigators will be more professional and pay attention to article 56 of the Criminal Procedure Code regarding the obligation of a suspect to be accompanied by a legal advisor if the threat of punishment is more than five years.

ANALISIS HUKUM PUTUSAN HAKIM TERHADAP ANGGOTA KPU PANGKAJENE DAN KEPULAUAN

Famati Laia — 2025-07-31

Violation of the code of ethics for election organizers is a violation of the ethics of election organizers which are based on oaths and/or promises before carrying out their duties as election organizers. The aim is to maintain the independence, integrity and credibility of election organizers who are independent, honest, fair, have legal certainty, orderliness, public order, openness, proportionality, accountability, efficiency and effectiveness. This has been included in Law Number 2 of 2017 concerning the Code of Ethics and Code of Conduct for General Election Organizers of the Republic of Indonesia. Thus, violations of the code of ethics committed by election organizers are inappropriate actions. In this research, the type of research used is normative legal research with a statutory regulation approach, case approach, and using secondary data obtained through secondary legal materials. Then, the data analysis used was a deductive method. Based on the results of research and discussion regarding the legal analysis of the judge's decision on members of the Pangkajene and Islands KPU (study decision number 41-PKE-DKPP/II/2023) it can be concluded that the imposition of permanent dismissal sanctions on members of the Pangkajene and Islands KPU as mentioned in Article 6 paragraph (1) and paragraph (3) letters a, c and f, Article 11, Article 12 letters a, b and c, Article 15 and Article 16 letter e, general election organizer honorary council regulation number 2 of 2017 concerning code ethics and code of conduct for general election organizers. However, the application of this law is not in accordance with Law number 2 of 2019 concerning amendments to the regulations of the honorary council for general election organizers number 3 of 2017 concerning Procedural Guidelines for the Code of Ethics for General Election Organizers. Thus, the researcher considers that imposing a permanent dismissal sanction in the case (study decision number 41-PKE-DKPP/II/2023) is inappropriate. This can make people distrust DKPP as an independent institution. For this reason, researchers hope that DKPP in deciding on violations of the code of ethics will be more thorough and in accordance with applicable laws and regulations.

DASAR PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PEMIDANAAN DI BAWAH ANCAMAN MINIMUM PADA TINDAK PIDANA NARKOTIKA

Beziduhu Laia — 2025-07-31

Tindak Pidana Narkotika merupakan suatu perbuatan yang melanggar hukum yang terkait dengan penyalahgunaan dan peredaran obat-obatan terlarang. Putusan Nomor 73/Pid.Sus/2015/PN Btl merupakan salah satu putusan dimana hakim menjatuhkan pidana dibawah ancaman minimum. Oleh sebab itu, penelitian ini bertujuan untuk mengetahui dan menganalisis dasar pertimbangan hakim dalam penjatuhan putusan pemidanaan di bawah ancaman minimum pada tindak pidana narkotika. Penelitian ini menggunakan jenis penelitian hukum normatif dengan metode pendekatan peraturan perundang-undangan, pendekatan kasus, pendekatan perbandingan, dan pendekatan analitis dengan mengumpulkan data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Berdasarkan temuan penelitian dan pembahasan, dapat disimpulkan bahwa dasar pertimbangan hakim dalam penjatuhan putusan pemidanaan di bawah ancaman minimum pada tindak pidana narkotika pada Putusan Nomor 73/Pid.Sus/2015/PN Btl, yaitu SEMA Nomor 3 tahun 2015 tentang Pemberlakukan Rumusan Hasil Rapat Pleno Kamar Mahkamah Agung Tahun 2015 Sebagai Pedoman Pelaksanaan Tugas Bagi Pengadilan, khususnya pada bagian A angka 1. Hakim mendapatkan fakta hukum yang terungkap dalam persidangan bahwa terdakwa membeli narkotika tersebut di untuk dipakai bagi diri sendiri. Penulis menyarankan dalam menjatuhkan pidana, penting bagi hakim untuk memiliki parameter yang jelas. Parameter ini akan menentukan sejauh mana hakim dapat menggunakan kebebasannya dan hati nuraninya dalam menjatuhkan hukuman.

MEKANISME PEMBAGIAN HARTA BERSAMA BERDASARKAN HUKUM ADAT DI DESA BAWOMATALUO SETELAH TERJADINYA PERCERAIAN

David Kristian Wau — 2025-10-10

Humans were created in general by God that humans are actually living social creatures. interact with each other. Humans themselves cannot live their lives alone, they. still need other people, because in general every human being needs other human beings to live together. The smallest form of humans living together by forming a family. The research aims to find out and explain the mechanism for dividing joint assets based on customary law in Bawomataluo Village after a divorce occurs. The type of research used is sociological legal research. Sociological legal research is legal research in the form of empirical studies to discover the application and truth of law in society. The aim of sociological legal research is to find information about something that happened. The type of approach used is descriptive using initial data as a comparison. The data collection technique is library research. This research data analysis is a descriptive research specification, which means research that aims to describe research about something that is valid at a certain time. Based on the research findings and discussion in the research, the researcher can conclude that regarding the distribution of joint property which has been carried out according to customary law and is very clear. states that the distribution of assets is carried out equally, fairly and fairly, with each half of the share. Thus, both the sumai and the wife must carry out customary law decisions voluntarily. However, if both parties are not satisfied with the results of the decision regarding the division of joint assets, then both parties can file a lawsuit in court. State as a legal remedy because there is no agreement. With this, from the legal consequences that occur after. division of joint assets, after completing the division of assets, the legal consequence is that the joint assets will become legal and rightfully belong to each party. In this way, both the ex-husband and wife can use the item again.

PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM KEPADA PELAKU TINDAK PIDANA PENGRUSAKAN SECARA BERSAMA-SAMA

Kaima Giawa — 2025-07-31

Criminal trespass is breaking the law and damaging someone else's property or property. A decision to find a defendant not guilty of all charges is a judicial decision that the defendant's actions did not constitute a crime. Resolution No. 404/Pid.B/2018/PN Pbr is one of the resolutions in which the accused was acquitted of all charges. Therefore, the aim of this study is to know and analyze the reasoning of the judges when deciding whether to drop all legal charges against the authors. This study collected secondary data including primary legal data, secondary legal data and third legal data and used the traditional legal research method which uses legal legal approach, case approach and analytical approach. Based on the observations and discussions, it can be concluded that the judges took into account the decision to jointly formulate all legal charges against the perpetrators of the crime (Decision No. 404/Pid.B /2018/PN Pbr). ) in relation to article 170.1. A witness Hendry Liberty. The couple claimed to own the land where the crime took place, and the accused and witnesses were able to prove this with land ownership certificates from both parties. The authors suggest that law enforcement officials, especially prosecutors, should pay more attention or investigate more deeply the cases they handle to avoid confusing the judge by dismissing all charges against the accused judge.

PEMIDANAAN TERHADAP ANAK DALAM TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK

Fikani Halawa — 2025-07-31

Conviction is the punishment of a person who has been legally determined and proven guilty of a crime through the criminal justice process. Promiscuity is sexual intercourse between a man and a woman through the insertion of the male's genes into the female's genes. Decision No. 10/Pid.Sus-Anak/2023/PN. Tbt is a decision by a judge who sentences the suspect to prison. Therefore, the purpose of this study is to determine and analyze whether children are punished for sexual crimes against minors. This research collected secondary data, including primary legal data, secondary legal data and third legal data, and used the normative legal research method that uses legal approach, case approach and analysis. Based on the results of the investigations and discussions, it can be concluded that if the offender and the victim are under 18 years of age, the penalty or punishment for minors should be considered in the Juvenile Act for children on 11, 2012. SPPA, they can be prosecuted for his crimes. What is he doing? The punishment is imprisonment and job training.

PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA DENDA PADA TINDAK PIDANA ILLEGAL FISHING

Yudisa Laia — 2025-07-31

Any type of fishing activity that breaches the Law on Fisheries' requirements as well as other rules and regulations still in effect in this republic is considered illegal fishing. Decision Number: 34/Pid.Sus-Prk/2017/PN.Ran was one of the unlawful fishing offenses that a panel of judges at the Ranai District Court tried. In this ruling, the judge determined that the defendant had been shown legally and credibly guilty of engaging in illicit fishing. The study, which is part of Decision Study Number 34/PID.SUS-PRK/2017/PN.RAN, is titled The Judge's Consideration of the Criminal Act of Illegal Fishing Committed by Foreign Citizens. Normative legal research employing the statutory approach, case approach, and analytical method is the sort of study that is done. Primary, secondary, and tertiary data were used in the data gathering process. Deductive reasoning is employed to arrive at conclusions from the descriptive qualitative data analysis. The offender was sentenced to a fine of Rp. 500,000,000 (five hundred million rupiah) by the court, who based his decision on study findings and discussion. If the fine is not paid, a reduced punishment of 4 (four) months would be imposed instead. Researchers' analysis, however, indicates that this sentence is insufficient to deter the offender; instead, the judge should impose a fine and imprisonment commensurate with the charges against the offender in order to deter future crimes and discourage those in other nations from committing the same offense. carry out the same action.

ANALISIS PERTANGGUNGJAWABAN PIDANA OLEH ANAK YANG MELAKUKAN TINDAK PIDANA PENCABULAN TERHADAP ANAK DITINJAU DARI ASPEK KEMANFAAATAN HUKUM

Kartini Fatemaluo — 2025-07-31

The crime of sexual immorality is an unlawful act committed by a man against a woman with violence or threats of violence that does not have a legal relationship. This criminal act of sexual immorality was committed by a child against a child which had a negative impact which was tried by a panel of judges at the Sumenep District Court, namely Decision Number: 6/Pid.Sus-Anak/2017/PN Smp, In this decision the Judge decided that the defendant was legally proven and convicted of committing a criminal act by intentionally committing violence, forcing a child to have sexual intercourse with him. Sentenced to prison for 3 years and 6 months for job training at the Sumenep work center. This research is entitled analysis of criminal responsibility by children who commit criminal acts of sexual abuse against children in terms of the legal benefit aspect (Decision Study Number 6/Pid.Sus-Anak/2017/PN Smp). The type of research used is normative legal research using the statutory approach, case approach and analytical approach. Data collection was carried out using secondary data through primary legal materials, secondary legal materials and tertiary legal materials. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that the prison sentence of 3 years and 6 months work training for the defendant does not have a legal beneficial impact on the victim who has become a victim of violence and has even given birth to a child from the defendant's actions, the judge did not pay attention to the principle of legal benefit. This is so that it is accepted by victims and the community, where the hope for law enforcement in Indonesia is carried out not only by paying attention to the legal aspects but also to social aspects that can be accepted and felt by victims or the community, such as providing restitution and recovery. Researchers are of the opinion that it is better to punish perpetrators of this crime by paying more attention to aspects of benefit for child victims, not just providing a deterrent effect or legal retaliation against the defendant.

ANALISIS YURIDIS PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA NARKOTIKA GOLONGAN I BUKAN TANAMAN

Yarioni Grace Telaumbanua — 2025-07-31

Narcotics refer to substances or drugs derived from either plant or non-plant sources, including synthetic or semi-synthetic compounds, which induce decreased consciousness, loss of taste, pain reduction or elimination, and potential dependency in users. Although Law Number 35 of 2009 concerning Narcotics has categorized narcotics into several groups and has regulated the issue of narcotics, crimes associated with narcotics remain prevalent. The objective of this study is to conduct a juridical analysis of the punishment imposed on perpetrators of class I non-plant narcotics crimes. The research methodology employed is normative research, which involves examining library materials, also known as library research. Secondary data sources, encompassing primary legal materials, secondary legal materials, and tertiary legal materials, were utilized for this study to acquire relevant theories, concepts, legal principles, and regulations. Based on the research findings and subsequent discussion, it can be inferred that the judge's decision to sentence the accused perpetrator of narcotics abuse (Study Decision Number 79/Pid.Sus/2023/PN Gst) to prison was deemed incorrect. This discrepancy arises from the fact that the panel of judges failed to consider Article 103 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics, which mandates the decision to order treatment and/or rehabilitation for the individual concerned if proven guilty of committing a narcotics crime.

PUTUSAN PEMIDANAAN TERHADAP ANGGOTA MILITER YANG MELAKUKAN TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENYEBABKAN ORANG LAIN MENINGGAL DUNIA

Damai Selamat Ndruru — 2025-07-31

An event that results in damage when a motor vehicle collides with another item is called a traffic accident. These mishaps can occasionally cause harm or even death to people or animals. A panel of judges at the Military Court I-05 Pontianak is trying one of the criminal actions related to a traffic accident that results in the death of another person; this case is represented by Decision Number 23-K/PM I-05/AD/IV/2017. In this ruling, the judge found that the defendant had been legally and persuasively shown guilty of operating a motor vehicle negligently, which caused a collision that claimed another person's life. The defendant was given a seven-month jail sentence. The study judgment number 23-K/PM I-05/AD/IV/2017 is titled "Criminal decisions for military members who commit criminal acts in traffic accidents that cause other people to die." Normative legal research employing the statutory approach, case approach, and analytical method is the sort of study that is done. Primary, secondary, and tertiary data were used in the data gathering process. Deductive reasoning is employed to arrive at conclusions from the descriptive qualitative data analysis. The military member should not have been penalized despite the fact that his conduct met the requirements of a criminal crime under Article 310 paragraph (4) of Law Number 22 of 2009 concerning Road Traffic and Transportation, according to the study findings and debate. Since the issue has been settled peacefully or restoratively, as indicated by the chronology of the case and witness testimony, the issue that is presently before trial must be dismissed.

PENJATUHAN PUTUSAN PEMIDANAAN TERHADAP TINDAK PIDANA MENGAKIBATKAN BAHAYA MAUT KEPADA ORANG LAIN

Esnidar — 2025-07-31

Kejahatan ialah suatu perbuatan yang melanggar hukum pidana atau undang-undang yang berlaku pada warga. Hakikatnya, suatu perbuatan yg melanggar aturan pidana atau undang-undang yang berlaku pada suatu masyarakat ialah suatu perbuatan yg sangat merugikan masyarakat yg bersangkutan. salah satu tindak pidana kejahatan yg sudah diperiksa dan diadili oleh Pengadilan Negeri Rantauparapat yakni putusan nomor 452/Pid.B/2022/PN.Rap. di putusan tadi majelis hakim menjatuhkan hukuman pada pelaku menggunakan pidana penjara selama 6 tahun sebab diyakini secarah legal bahwa pelaku melanggar Pasal 187 ayat (dua) kitab undang-undang hukum pidana. Jenis penelitian yg dipergunakan ialah penelitian hukum normatif menggunakan metode pendekatan yakni pendekatan peraturan perundang-undangan, pendekatan masalah serta pendekatan analitis. Pengumpulan data dilakukan memakai data sekunder yang diperoleh melalui bahan pustaka yg berasal bahan aturan utama, bahan sekunder dan bahan tersier. Analisis data yang digunakan artinya kualitatif yg bersifat deskriptif serta penarikan kesimpulan dilakukan menggunakan metode dedukatif. Sesuai temuan penelitian serta pembahasan, maka bisa disimpulkan bahwa penjatuhan putusan pemidanaan terhadap pelaku tindak pidana kejahatan menyebabkan bahaya maut pada orang lain di putusan (studi putusan nomor 452/Pid.B/2022/PN.Rap.) bahwa penjatuhan hukuman sebagaimana putusan hakim menjatuhi eksekusi sesuai pada Pasal 187 ayat (2) KUHP dengan pidana penjara 6 tahun adalah putusan yang tidak tepat, karena bardasarkan fakta dalam persidangan bahwa perbuatan terdakwa bukan tindak pidana yang hanya mendatangkan bahaya bagi orang lain namun perbuatan terdakwa telah mengakibatkan seorang mati. sebagai akibatnya perbuatan terdakwa lebih tepat diatur pada Pasal 187 ayat (3) KUHP dengan pidana penjara seumur hidup atau selama-lamanya 20 tahun. Penulis menyarankan supaya hakim serta Jaksa Penuntut umum wajib lebih teliti dan memperhatikan setiap tindakan mana yg telah dilanggar pelaku tidak pidana supaya pada memidanakan pelaku sinkron menggunakan perbuatannya.

ANALISIS YURIDIS PUTUSAN PEMIDANAN TERHADAP TINDAK PIDANA PENCURIAN DENGAN KEKERASAN YANG MENGAKIBATKAN MATI

Yustinus Yustus Waruwu — 2025-07-31

The crime of theft with violence is a criminal act of taking or moving goods without the knowledge and permission of the owner which is preceded, accompanied or followed by violence with the intention of achieving the goal committed. One of the crimes of theft with violence which results in death is tried by a panel of judges. Tarakan district court namely Decision Number: 342/Pid.B/2021/PN.Tar). In this decision the judge decided that the defendant was legally and convincingly proven guilty of committing the crime of theft with violence which resulted in death. Sentenced the defendant to prison for 8 (eight) years. The type of research used is normative legal research using the statutory approach, case approach and analytical approach. Data collection was carried out using primary data, secondary data and tertiary data. The data analysis used is descriptive qualitative analysis and conclusions are drawn using a deductive method. Based on the research findings and discussion, it can be concluded that the juridical analysis of the punishment decision for the crime of theft with violence resulting in death (Study Decision Number 342/Pid.B/2021/PN Tar). That Article 365 paragraph (3) of the Criminal Code as imposed on the perpetrator is not appropriate and does not provide a deterrent effect on the perpetrator. As we can see, the consequences of his actions caused huge losses to the victim's family which resulted in the victim's death. The judge should have decided to sentence the defendant to prison for 12 (twelve) years in accordance with the demands of the public prosecutor.

ANALISIS HUKUM TERHADAP PERTIMBANGAN HAKIM DALAM MENJATUHKAN HUKUMAN PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA YANG MENGAKIBATKAN LUKA BERAT

Rini Putri Ndruru — 2025-07-31

If a family member is both the perpetrator and victim of domestic violence, then this is considered a form of domestic violence that occurs in the home. Those who are mothers, fathers, husbands, partners, or even domestic workers can become victims of domestic violence. 992 K/Pid.Sus/2017 is the Supreme Court case number for one of the domestic violence cases being investigated and tried. Because he was accused of violating Article 44 paragraph (2) of Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence, the perpetrator was sentenced to one year in prison. The statutory approach, case approach, comparative approach, and analytical methods are all used in this type of normative legal research. Secondary data obtained from library sources, including primary and secondary law books, was used to collect data. Deductive reasoning is used to arrive at conclusions from qualitative descriptive data analysis. Based on a review of the research findings and discussion, it was concluded that the judge's consideration of Article 351 paragraph (2) which reads, "If the act results in serious injury, the guilty person is threatened with a maximum prison sentence of five years." “—if imposing punishment on perpetrators of domestic violence (study decision number 992 K/Pid.Sus/2017) is appropriate. The author argues that in deciding a criminal case, the panel of judges must be more careful in ensuring that the punishment imposed on the offender is in accordance with applicable law.