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All Journal Jurnal Hukum Sehasen International Journal of Humanities Education and Social Sciences
Wahyu Prawesthi
Dr. Soetomo University, Surabaya, East Java, Indonesia
Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Punishment For Motor Vehicle Theft With Violence (Judgment No. 596/Pid.B/2023/PN Jkt.Brt) Nadya Nadzifatur Rahma; Siti Marwiyah; M. Yustino Aribawa; Bachrul Amiq; Wahyu Prawesthi
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 6 (2026): IJHESS JUNE 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i6.2269

Abstract

This article analyzes the judicial reasoning in West Jakarta District Court Decision No. 596/Pid.B/2023/PN Jkt.Brt concerning motor vehicle theft with violence, with a focus on the defendant’s attempt to distance himself from the violent elements of the crime. Such a defense strategy is conceptually parallel to exoneration clauses in contract law, which seek to exclude or limit liability. Through the lens of Radbruch’s triadic values of law justice, legal certainty, and utility, the study highlights the contradictions arising from the judicial rejection of exoneration claims in collective violent crimes. While exoneration clauses serve to ensure fairness and proportionality in civil contexts, their transposition into criminal law risks undermining deterrence and public order. Empirical observations reveal inconsistent judicial interpretations in Indonesia, compounded by institutional limitations and lack of specialized consumer or criminal law adjudication. Comparative insights from the European Union and Australia underscore the importance of regulatory clarity and strict enforcement to safeguard fairness in contractual and criminal contexts alike. The article concludes by proposing a normative framework for reform that emphasizes clearer sentencing guidelines, statutory restrictions on exoneration in collective crimes, and alignment with international best practices. These findings contribute to the ongoing discourse on balancing fairness, legal certainty, and public protection in Indonesian criminal law.
Implementation Of Fisheries Commodity Shipments From Ambon By The Company Agusnal Fitralius Hakim; Nur Handayati; Wahyu Prawesthi; Subekti Subekti; Bachrul Amiq
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10804

Abstract

The fisheries sector plays a strategic role in Indonesia's economic development as an archipelagic country with abundant marine resources. In addition to being a source of food, this sector is also a leading export commodity that contributes to the country's foreign exchange. Law No. 31 of 2004 stipulates that every fishing business must have a permit, and every shipment of fishery products must be accompanied by valid documents such as SKAI and quarantine certificates. However, practices in the field still show violations of these provisions, such as the shipment of fish without complete documents and not through official ports of call. Cases in Ambon show that shipments are often made in a hurry to meet export schedules, resulting in the neglect of legal aspects. This condition is exacerbated by weak supervision, limited supervisory human resources, and abuse of authority. As a result, the country stands to lose in terms of revenue and export reputation. From a criminal law perspective, such violations are punishable under Article 93 of Law No. 31 of 2004, with a maximum penalty of 6 years imprisonment and a fine of Rp 2 billion. Although administrative and criminal sanctions are available, their implementation still faces challenges in terms of enforcement and legal certainty.
Co-Authors Agusnal Fitralius Hakim Bachrul Amiq M. Yustino Aribawa Nadya Nadzifatur Rahma Nur Handayati Siti Marwiyah Subekti Subekti