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Setiawan, Vincentius Patria
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Humanities Law, Crime, Criminology & Criminal Justice

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PERTIMBANGAN HUKUM PENGURANGAN PIDANA PENJARA DIBAWAH MINIMUM KHUSUS (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2223 K/PID.SUS/2022) Salwa, Dhea Amanda; Setiawan, Vincentius Patria
Verstek Vol 11, No 2 (2023): APRIL-JUNI
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.72057

Abstract

This article examines the legal considerations of judex juris towards reducing the prison term below the minimum number of narcotics crime cases contained in the Supreme Court Judgement Number 2223 K/Pid.Sus/2022. The purpose of this article is to find out the legal considerations of judex juris that improve the judex factie judgement with a reduction in the prison term in the Supreme Court Judgement No. 2223 K/Pid.Sus/2022. This research is a normative legal research with primary and secondary legal materials. Then the approach used is a case approach which is carried out by reviewing cases related to the issue at hand which has become a court decision that has permanent power. The technique of collecting legal materials using library research and the technique of analyzing legal materials is deduction with the syllogism method. Based on this research, the results were obtained that in the legal considerations of judex juris that correct the judex factie decision with a reduction in the prison period in the Supreme Court Judgement Number 2223 K / Pid.Sus / 2022 which uses SEMA Number 4 of 2010 juncto SEMA Number 3 of 2011 as the basis for the judge's consideration in passing the judgment is in accordance with the applicable legal rules.Keywords: Judex Juris judgement Improvement, Reduction of Criminal Period, Narcotics Crime.
PERTIMBANGAN HAKIM DALAM MEMERIKSA DAN MEMUTUS PERKARA ITE BERMUATAN SARA (STUDI PUTUSAN NOMOR 169/PID.SUS/2017/PN.RAP) Adhilia, Dini; Setiawan, Vincentius Patria
Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76681

Abstract

The purpose of this research is to find out the consideration of judges  in examining and deciding case of hate speech and hostility cases that contain ethnicity, religion, racial, and inter-group (SARA) to Decision Number: 169/Pid.Sus/2017/PN Rap. This research is a perspective normative legal research, and applied. The approach used is case approach based on case study. The type and sources in this research use primary and secondary legal materials with legal material collection techniques in form of literature studies. The analysis technique uses syllogistic deduction by formulating the facts from the mayor premise and minor premise. The results of the research and subsequent discussion shows in deciding and examining cases of hate speech, there must be at least two pieces of evidence and from the facts that appeared at trial, apart from that there were also aggravating and mitigating circumstances so that the judge's conviction emerged to sentence him to imprisonment 2 (two) years and a fine of Rp. 1,000,000,000.00 (one billion rupiah) with the provision that if the fine is not paid it will be replaced by imprisonment for 3 (three) months.
PELAKSANAAN PENERAPAN RESTORATIVE JUSTICE PADA TAHAP PENUNTUTAN DALAM PERKARA PENGANIAYAAN DI KEJAKSAAN NEGERI SURAKARTA Athadia, Muhammad Daffa; Setiawan, Vincentius Patria
Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73076

Abstract

This article was written to determine the implementation of the application of restorative justice in solving persecution cases at the prosecution stage. This research is in the form of normative or doctrinal legal research with a case approach, which is prescriptive and applied. The technique of collecting legal materials used in this study is document studies or literature studies obtained from primary and secondary legal materials. The analytical technique used in this study is the deduction syllogism method, which is drawing conclusions using syllogistic logic for legal reasoning derived from legal rules and facts. Based on this research, it was found that there was a compatibility between the termination of prosecution carried out by the Public Prosecutor and Prosecutor's Regulation no. 15 of 2020 concerning the termination of prosecution based on restorative justice. In this case, the suspect NOVYAN PUTRANTO Alias NOVYAN Bin EDY KUSNANTO committed a crime for the first time. The criminal act of persecution committed by the suspect is regulated in article 351 of the Criminal Code with criminal threats regulated in article 1. This case can also be stopped from prosecution based on Article 3 Paragraph 1 of Prosecutor's Regulation no 15 of 2020. The implementation of restorative justice must refer to applicable regulations and the role of the victim who determines the success of the implementation of restorative justice. Keywords: Restorative Justice; Prosecution; Persecution; Application
Co-Authors Adhilia, Dini Athadia, Muhammad Daffa Salwa, Dhea Amanda