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All Journal DiH : Jurnal Ilmu Hukum LEGAL BRIEF Smart Society: Community Service and Empowerment Journal
Rinaldy Amrullah
Universitas Lampung, Indonesia
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Responsibility For Crimes Resulting From The Regional Head General Elections Dewi Nabila Sya’bania; Rinaldy Amrullah; Satria Prayoga
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

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Abstract

Regional Head Elections are a fundamental manifestation of popular sovereignty at the regional level. They provide an arena for citizens to directly elect leaders who will determine the direction of regional policy. However, the implementation of Regional Head Elections in several regions is prone to fraud, which can undermine the democratic process itself. One relevant case, the focus of this research, is Decision Number 191/Pid.Sus/2024/PN.Met, involving Drs. Qomaru Zaman, M.A., Deputy Mayor of Metro City. The defendant delivered a statement that was deemed an invitation to the public to re-elect him. This case underscores the importance of effective law enforcement against violations committed by state officials in the implementation of regional elections. In this context, the role of the Prosecutor's Office becomes highly strategic as part of the Integrated Law Enforcement Center, working with the police and the Elections Supervisory Agency (Bawaslu). Criminal liability for the perpetrators of election-related crimes in this case has been applied in accordance with the principles of criminal law, specifically the principles of fault, capacity to be responsible, and legality.
Disregarding Visum et Psikiatricum: Reconstructing Criminal Responsibility Assessment in Indonesian Homicide Cases Tarmizi Tarmizi; Heni Siswanto; Muhtadi Muhtadi; Maroni Maroni; Rinaldy Amrullah
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

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This study aims to examine the judicial reasoning underlying the exclusion of the Visum et Psikiatricum in Judgment No. 586/Pid.B/2023/PN Tjk, identify the parameters applied in determining the criminal responsibility of a homicide offender, and reconstruct a more comprehensive framework for assessing criminal responsibility under Indonesian criminal law. This normative legal research employs both case and conceptual approaches. Primary legal materials, including statutory regulations and court decisions, were analyzed together with secondary materials derived from criminal law doctrines, forensic psychiatry, and relevant scholarly literature. The data were examined qualitatively using a prescriptive analytical method to assess the conformity of judicial reasoning with theories of criminal responsibility and to formulate an improved assessment model. The findings reveal that the Visum et Psikiatricum was disregarded because the court placed greater weight on the defendant’s behavioral indicators, which were considered to demonstrate awareness, understanding of the consequences of the act, and the capacity for self-control. The parameters applied by the judge encompass cognitive, volitional, and behavioral dimensions. However, these parameters remain implicit, lack standardization, and do not adequately integrate medical findings with legal considerations. This condition reflects a normative gap in the application of Article 44 of the Criminal Code and Articles 38 and 39 of Law No. 1 of 2023. Accordingly, this study proposes a three-dimensional assessment model integrating medical, cognitive, and volitional aspects as a more objective, consistent, and accountable framework for determining criminal responsibility
Reconstructing Judicial Discretion in Drug Rehabilitation Sentencing: A Ratio Decidendi Analysis of Judgment No. 1365/Pid.Sus/2017/PN.Tjk Tarmizi; Heni Siswanto; Muhtadi; Maroni; Rinaldy Amrullah
Smart Society Vol. 6 No. 3 (2026): Smart Society
Publisher : FOUNDAE (Foundation of Advanced Education)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58524/smartsoc.v6i3.1497

Abstract

Judicial decisions on rehabilitation for narcotics abusers often require judges to reconcile criminal accountability with rehabilitative objectives, yet the parameters guiding such discretion remain insufficiently structured. This study examines the ratio decidendi underlying judicial discretion in Judgment No. 1365/Pid.Sus/2017/PN.Tjk and develops parameters for more consistent rehabilitation decisions. This study employs normative legal research using statutory, case, and conceptual approaches to examine the legal provisions on narcotics rehabilitation, Judgment No. 1365/Pid.Sus/2017/PN.Tjk, and the concepts of judicial discretion, ratio decidendi, punishment, and rehabilitation. The legal materials are analyzed through qualitative legal interpretation and prescriptive reasoning. The findings show that the decision combined imprisonment with rehabilitation; however, the reasoning within it lacked an explicit and structured framework for exercising discretion. This study reconstructs four parameters: normative, medical, juridical, and the purpose of sentencing. These parameters are operationalized through six stages of legal reasoning, ranging from identifying applicable norms, reconstructing proven facts, integrating assessment findings, correlating facts with legal requirements, exercising structured discretion, and formulating sanctions. This model contributes to individualized sentencing by providing a more transparent framework for balancing legal certainty, justice, rehabilitation, and the protection of society.
Co-Authors Dewi Nabila Sya’bania Heni Siswanto Maroni Maroni Maroni Muhtadi Muhtadi Muhtadi Satria Prayoga Tarmizi Tarmizi Tarmizi