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Frans Simangunsong
Universitas 17 Agustus 1945 Surabaya,
Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Pidana terhadap Penyertaan Anak Sebagai Pelaku Tindak Pidana: Studi Putusan Nomor 22/PID/SUS.ANAK/2016/PN JKT.TIM Muhammad Keysha Yogi Armanda; Frans Simangunsong
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21275497

Abstract

The phenomenon of children’s involvement in terrorism cases presents challenges for national law enforcement and raises debate regarding the appropriate form of criminal liability, particularly when such involvement is influenced by adults within terrorist networks. This study analyzes the criminal liability of Children based on the degree of their participation in terrorism cases. This research employs a normative juridical method by examining positive legal provisions, legal concepts, legislation, and court decisions relevant to the research problem. The findings show that, in Decision Number 22/Pid.Sus.Anak/2016/PN Jkt.Tim, the Child was qualified as an accomplice because his role was limited to the preparation of explosive materials. Although Article 15 of Law Number 5 of 2018 places accomplices and principal offenders under the same criminal sanctions, the determination of criminal liability for Children must still consider the degree of involvement, the characteristics of the Child, the best interests of the Child, and the objectives of guidance and rehabilitation in accordance with the principle of individualized sentencing.
Pengaturan Tindak Pidana Penghinaan Presiden dalam KUHP Nasional Ditinjau dari Prinsip Kebebasan Berpendapat di Indonesia Stephanus Dandy Hayon; Frans Simangunsong
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): October 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21381580

Abstract

Through Articles 218 and 219, Law Number 1 of 2023 on the Criminal Code brings back the criminal offense of insulting the President and Vice President, notwithstanding that a comparable provision had earlier been struck down by the Constitutional Court in Decision Number 013-022/PUU-IV/2006. This paper assesses the extent to which the offense of insulting the President under the National Criminal Code aligns with the freedom of expression guaranteed by the 1945 Constitution and situates the provision within a comparative examination of similar rules in other countries. The study relies on a normative legal method combining statutory, conceptual, and comparative approaches. Findings suggest that the provision does not fundamentally conflict with freedom of expression, given that the National Criminal Code converts the offense into a complaint-based offense (delik aduan) and carves out exceptions for criticism made in the public interest or self-defense. Even so, the phrase “attacking the honor or dignity” continues to leave room for expansive interpretation, calling for careful and measured enforcement so that legitimate criticism within a democracy is not stifled.
Co-Authors Muhammad Keysha Yogi Armanda Stephanus Dandy Hayon