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All Journal Lex Stricta : Jurnal Ilmu Hukum
Dedy Irawan
Sekolah Tinggi Ilmu Hukum Sumpah Pemuda
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Putusan Hakim Nomor 1362/Pid.B/2024/PN Plg Tentang Perkara Tindak Pidana Bersama Sama Menggunakan Kekerasan Terhadap Korban Yang Mengakibatkan Luka-Luka Satya Palinsa Putra; Hendi Romadoni; Kurniadi Kurniadi; Dedy Irawan
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1829

Abstract

Criminal acts of violence committed jointly are offenses that can disrupt public order and cause physical and psychological harm to victims. This study aims to analyze the legal considerations of the panel of judges in the Palembang District Court Decision No. 1362/Pid.B/2024/PN Plg, as well as the factors that hinder judges in imposing criminal penalties on perpetrators of joint acts of violence. This study employs a mixed-methods legal approach combining normative and empirical perspectives. Data were collected through a review of legislation, court decisions, legal literature, and interviews with the judges who adjudicated the case. The analysis was conducted using a descriptive qualitative method. The results show that judges consider both legal and non-legal aspects, including the fulfillment of the elements of Article 170 of the Criminal Code, trial facts, evidence, the consequences of the act, motive, the defendant’s circumstances, and recidivism status. Challenges in sentencing are influenced by differences in case characteristics, the wide range of potential criminal penalties, and the lack of uniform sentencing guidelines. This study concludes that the judges’ rulings are in accordance with applicable legal provisions; however, clearer sentencing guidelines are needed to reduce sentencing disparities and ensure legal certainty, justice, and public benefit.
Co-Authors Hendi Romadoni Kurniadi Kurniadi Satya Palinsa Putra