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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Ekasakti Journal of law and Justice
Sigar P. Berutu
PUI-PT Criminal Law and Green Economy, Universitas Prima Indonesia
Law, Crime, Criminology & Criminal Justice

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Juridical Review of Criminal Acts of Sexual Abuse of Children Committed by TNI Officers: Study of Decision No. 88-K/PMT-BDG/AL/X/2024 Sigar P. Berutu; Essilver Saragih; Yolani Margareta
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/kcr1tv08

Abstract

This study aims to juridically analyze the criminal act of sexual abuse against children committed by Indonesian National Army officers and assess the application of the principle of the rule of law in military justice based on Decision Number 88-K/PMT-BDG/AL/X/2024. The research method used is normative legal research with a legislative approach and a case approach, using secondary data obtained through literature studies and analysis of court decisions, then analyzed qualitatively. The results of the study showed that the perpetrator's actions had fulfilled the elements of criminal offenses, namely sexual acts, intentional elements, and physical, psychological, and moral losses experienced by child victims. The military court's decision in the case reflects the application of the principle of the rule of law and equality before the law because the perpetrators are still processed and sentenced to death without any special treatment despite their status as state officials. However, there are still weaknesses in the aspect of victim protection, especially related to psychological recovery and transparency of the military justice process. Therefore, it is necessary to strengthen child protection mechanisms, increase the accountability of military law enforcement officials, and more firm and consistent law enforcement to ensure justice and legal certainty.
Criminal Liability of Midwives Perpetrators of Illegal Abortion Study Decision Number 131/Pid.Sus/2016/Pn.Kpg Sigar P. Berutu; Setti Sri Ayu Malau; Rut Marsela Surbakti
Ekasakti Journal of Law and Justice Vol. 4 No. 1 (2026)
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/xz0mhx90

Abstract

This study examines the criminal liability of midwives who commit illegal abortions through a normative juridical analysis of Decision Number 131/Pid.Sus/2016/PN.Kpg. The three main issues studied include the legal regulation of the crime of illegal abortion by midwifery personnel, the fulfillment of the elements of criminal responsibility of the defendant, and the proportionality of the punishment imposed from the purpose of the crime and the principle of justice in Indonesian criminal law. This study uses a normative juridical method that is descriptive and analytical with a legislative approach, a conceptual approach, and a case approach. The results show that the Indonesian legal system has established a comprehensive normative framework in prohibiting the practice of illegal abortion by midwives, but inconsistency in law enforcement is its main weakness. All elements of the defendant's criminal responsibility were fulfilled conclusively, including the ability to be responsible, intentional in three grades, and the absence of a reason for criminal expungement. However, the three-month prison sentence imposed was considered disproportionate because the mitigating circumstances considered by the judge contained conceptual confusion and the construction of the indictment in the form of alternatives also contributed to the outcome of the sentence that was far from ideal, thus systemically weakening the effectiveness of the criminal law as an instrument to prevent the practice of illegal abortion by midwifery personnel in Indonesia.
A Legal Analysis of the Application of Strict Liability and the Role of Courts in Civil Litigation for Environmental Pollution Siti Shanda Radhova; Sigar P. Berutu; Aida Ardini
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i2.11460

Abstract

The principle of strict liability constitutes a fundamental instrument in environmental law aimed at strengthening accountability for high-risk business activities and ensuring the restoration of environmental damage. In Indonesia, this principle is codified in Article 88 of Law Number 32 of 2009 on Environmental Protection and Management. However, its application in environmental civil litigation continues to encounter significant challenges, particularly following regulatory changes introduced through the Job Creation Law.  This study analyzes the legal framework governing strict liability in Indonesian environmental law, the juridical constraints affecting its implementation in environmental civil lawsuits, and the judicial reasoning reflected in Decision Number 20/Pdt.G/LH/2024/PN Surabaya. The research employs a normative legal research method, utilizing statutory, conceptual, and case approaches.  The findings indicate that the application of strict liability in judicial practice still faces several obstacles, particularly in proving environmental loss and establishing complex causal relationships, as well as the reliance on scientific evidence. Nevertheless, the court’s decision demonstrates a progressive interpretation of strict liability by emphasizing the precautionary principle, the polluter pays principle, and the imperative of environmental restoration.  This study underscores the importance of strengthening regulatory frameworks and developing technical guidelines for environmental damage valuation in order to enhance the effectiveness of strict liability implementation in environmental civil litigation.
Co-Authors Aida Ardini Essilver Saragih Rut Marsela Surbakti Setti Sri Ayu Malau Siti Shanda Radhova Yolani Margareta