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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Rechtsidee Jurnal Akta Jurnal Ilmiah Al-Syir'ah Bina Hukum Lingkungan Journal of Education, Humaniora and Social Sciences (JEHSS) Jurnal Ilmiah Penegakan Hukum Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam JUNCTO: Jurnal Ilmiah Hukum LEGAL BRIEF Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Jurnal Ilmu Sosial dan Ilmu Politik Malikussaleh (JSPM) Bina Hukum Lingkungan Al-Istinbath: Jurnal Hukum Islam Rechtsnormen Hukum dan Demokrasi (HD) Causa: Jurnal Hukum dan Kewarganegaraan Madania: Jurnal Kajian Keislaman Jurnal Al-jina'i Al-islami
Panjaitan, Budi Sastra
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : LEGAL BRIEF

 1 
Rejection of Cassation Application by The Supreme Judge Because The De-fendant Was Not Legally Proven To Have Committed A Criminal Act (Study Of Supreme Court Decision Number 2205k/Pid.Sus/2022) Habibi NST, Muhammad Riski; Panjaitan, Budi Sastra
LEGAL BRIEF Vol. 13 No. 6 (2025): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i6.1212

Abstract

 The Supreme Court is the pinnacle of (legal) efforts in seeking justice through the judicial process, both as a cassation court and a court for judicial review. The Supreme Court in carrying out its judicial function does not always meet the expectations of justice seekers in particular, and the public in general. The method used in this writing is the normative legal approach method where the research conducted is by examining existing library materials (library research), which are related to the title being studied. The results of this study indicate that the Supreme Court's Cassation Decision No. 2205 K/Pid.Sus/2022, stated that it rejected the cassation from the Cassation Applicant/Public Prosecutor to the Corruption Eradication Commission, with the consideration that the Cassation Applicant/Public Prosecutor could not prove that the judex facti decision did not meet the provisions of Article 253 paragraph (1) letters a, b, c of Law Number 8 of 1981 concerning Criminal Procedure Law. The Public Prosecutor at the KPK filed an appeal in case number 2205k/Pid.Sus/2022, namely that 1) the reason for the Public Prosecutor's appeal was because the judex facti (District Court) was wrong in applying the law, the judex facti had tried the Defendant in the a quo case not in accordance with the applicable criminal procedure law, and the judex facti did not exceed its authority, 2) That the reason for the Public Prosecutor's appeal was basically regarding the judex facti not applying the law or applying the law improperly because the judex facti stated that the Defendant was proven to have committed a crime as charged by the Public Prosecutor.
Legal Protection for Persons with Disabilities as Victims of Sexual Violence (Study of Medan District Court Decision No. 1245/Pid.B/2023 Pn Mdn Resia, Twina; Panjaitan, Budi Sastra
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1039

Abstract

This research is a type of normative legal research with the aim of the research to find out how legal protection is for people with disabilities as victims of sexual violence and to find out whether in the Medan District Court Decision Number 1245/pid. b/2023 PN Mdn people with disabilities as witnesses and victims receive maximum legal protection. The results of the study indicate that people with disabilities have the right to legal protection from the criminal acts of sexual violence they experience, while the Medan District Court Decision Number 1245/Pid.B/2023/PN Mdn has not been maximized in providing legal protection for people with disabilities who are victims of such actions, one of which is the article used by the judge in sentencing the defendant is Article 12 of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence, where through this article the Medan District Court judge did not consider the victim who was a person with intellectual disabilities at all because the article is an article that regulates criminal sanctions for sexual violence for victims who do not have physical limitations. In this case, the judge ignored the existence of Article 15 paragraph (1) letter (h) of Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence, which stipulates that for sexual harassment of persons with disabilities, the criminal sanction is increased by 1/3 of the main sentence
Co-Authors Afendi, Hazrul Amania, Fitria Aminudin, Aminudin Ansari Ansari Dalimunthe, Lafifah Ulfah Fachrozy, Dicky Ghania, Sophia Habibi NST, Muhammad Riski Harahap, Abdul Aziz Harahap, Andrew Hermawan Harahap, Arifuddin Harahap, Najwa Khalilah Hasibuan, Nahda Hasibuan, Tornado Hasyim, Nafa Fadhilah Hsb, Putra Halomoan Irvan Kurniawan, Puji Lubis, Fauziah Lubis, Syofiaty M Farid Ma'mun, Sukron Melati, Xhifa Mayputeri Mhd. Syahnan Mhd. Syahnan Munawir Lubis, Zaini Nawir Yuslem, Nawir Nur Azizah Qadriah, Fauza Rahmadani, Gema Ramadani, Ramadani Ramadi, Bagus Rambe, Muhammad Zainuddin Resia, Twina Sativa, Annisa Sirait, Adi Syahputra Sitorus, Sari Mahyuni Tarigan, Muhammad Husein Syuhada Zaid Alfauza Marpaung