Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Madani: Multidisciplinary Scientific Journal
Khairil Fahmi Daulay
Universitas Amir Hamzah Medan
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Penerapan Sanksi Pidana pada Kasus Penganiayaan yang Menyebabkan Kematian Khairil Fahmi Daulay; Daud D
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 7 (2026): August 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21679767

Abstract

Assault resulting in death is a form of crime against the human body and life that carries serious legal implications. This study aims to analyze the application of criminal sanctions against perpetrators of assault resulting in death and to examine the legal considerations taken by judges in imposing such sanctions. The research employs a normative juridical approach by examining primary legal materials, including the Indonesian Criminal Code (KUHP), as well as secondary legal materials such as legal literature and court decisions. The findings indicate that the legal classification of assault resulting in death is primarily regulated under Article 351 paragraph (3) of the Indonesian Criminal Code (KUHP), where the element of intent (dolus) is directed solely at the act of assault, while the resulting death is considered an unintended consequence (culpa). In determining criminal sanctions, judges take into account both juridical considerations, including the fulfillment of statutory elements and the sufficiency of evidence, and non-juridical considerations, such as the offender's background and aggravating and mitigating circumstances. Fair law enforcement is expected not only to emphasize retributive justice but also to consider justice for the victim's family.
Pertanggungjawaban Pidana Terhadap Tindak Pidana Aborsi Tanpa Izin Khairil Fahmi Daulay; Janner Damanik
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 7 (2026): August 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21769040

Abstract

The criminal offense of illegal abortion constitutes a crime against human life that violates the provisions of Indonesian criminal law as well as moral and ethical norms. This study aims to analyze the juridical classification of illegal abortion, the forms of criminal liability imposed on perpetrators, and the grounds for the exclusion of criminal liability as stipulated by law. The research employs a normative legal research method using both the statutory approach and the conceptual approach by examining primary and secondary legal materials. The findings indicate that illegal abortion is generally prohibited under both the former Indonesian Criminal Code (KUHP) and the new Criminal Code (Law No. 1 of 2023), and is further regulated mutatis mutandis under the Health Law (Law No. 17 of 2023). Criminal liability may be imposed on perpetrators—including women who intentionally terminate their pregnancies, medical professionals, and third parties who assist in the procedure—provided that they possess criminal responsibility, act with intent (dolus), and no grounds for justification or excuse apply. Exceptions to criminal liability are recognized only where abortion is performed on the basis of a medical emergency or in cases involving victims of rape or sexual violence resulting in pregnancy, provided that the procedure is carried out in accordance with accredited medical standards and the applicable legal requirements.
Co-Authors Daud D Janner Damanik