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Andi Mardaya
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Liability Peran Mucikari Terhadap Implementasi Undang-Undang TPPO di Makassar Muhammad Yusuf Muhlis; Andi Mardaya; Elvi Susanti Syam; Afi Kamilia
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to determine and analyze the implementation of legal provisions governing the responsibilities of pimps in eradicating the crime of human trafficking according to Law Number 21 of 2007 and what factors are obstacles in the investigation and inquiry process related to the role of pimps. This research uses a Normative Empirical research type with a Legislative Approach and a Social Approach. The data sources used are Primary Data and Secondary Data. Data analysis will be conducted using an observational-sensory and theoretical-rational approach using a reasoning model that first uses inductive logic and then continues with deductive logic. The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death. The implementation of criminal responsibility for pimps will be successful or fail depending on the law enforcement officers in the matter of evidence in the trial later and The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death.
Menakar Keadilan Sanksi Penjara dalam Perkara Pembunuhan Secara Bersama-Sama Menurut Pasal 338 Jo Pasal 55 KUHP Ardyanto Tajuddin; Johamran Prasisto; Andi Mardaya; Amanda Dealova; Mila Khaerunnisa; Husnul Hatima
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines the application of criminal law to the offense of joint murder, using the District Court of Parepare Decision Number 111/Pid.B/2020/PN.Pre as a case study. It explores how the panel of judges constructs their legal reasoning by connecting the facts established at trial, including witness testimonies, forensic evidence, and material exhibits, with the relevant provisions of the Indonesian Criminal Code, particularly Article 338 in conjunction with Article 55 paragraph (1) sub-paragraph 1. The research employs a normative legal method with a statute approach and case approach, relying on primary legislation (the Criminal Code and the Code of Criminal Procedure), court decisions, and scholarly literature on offenses against life and doctrines of criminal liability as its main sources of legal material.
Co-Authors Afi Kamilia Amanda Dealova Ardyanto Tajuddin Elvi Susanti Syam Husnul Hatima Johamran Prasisto Mila Khaerunnisa Muhammad Yusuf Muhlis