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All Journal Veritas et Justitia JURNAL USM LAW REVIEW Journal of Economic & Business Law Review PUSKAPSI Law Review Jurnal Anti Korupsi Acten Journal Law Review PUSKAPSI Law Review
Nugroho, Fiska Maulidian
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : PUSKAPSI Law Review

 1 
Refleksi Asas Kemanfaatan: Mengilhami Asas Tiada Pidana Tanpa Kesalahan Tiada Kesalahan Tanpa Kemanfaatan Nugroho, Fiska Maulidian; Eskanugraha, Andika Putra
PUSKAPSI Law Review Vol 3 No 1 (2023): June 2023
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/puskapsi.v3i1.40295

Abstract

The principle of no crime without fault is a fundamental principle, its existence does not seem to appear on the surface like the principle of legality contained in the criminal law law. However, the existence of this principle greatly influences the determination of the judge in imposing a sentence. By Indonesian criminal law officer, Romli Atmasasmita, he offers a complementary principle of the principle of no crime without error - no mistake without benefit. The references offered by Romli are very fundamental, both from a philosophical, sociological, and juridical perspective. Especially reviewing, the principle of expediency that exists side by side with two legal objectives, namely justice and legal certainty. The reflection on material criminal law offered by Romli through the reconstruction of this principle really inspires a point of view for anyone who studies the principle of guilt as the basis for criminal responsibility. It seems that it is time for legal education in Indonesia to look and reflect again, many criminal law officers in Indonesia are full of practical and theoretical experience (retired). The effect of the reconstruction of this principle should be interpreted as a legal view in the future, especially a strong legal structure by seeing and inspiring the Pancasila as the basis for balancing individual interests and the interests of society.
Analisis Yuridis Putusan Pemidanaan Terhadap Tindak Pidana Terorisme (Putusan Nomor 79/Pid.Sus/2020/PN.Jkt.Tim) Herlangga, Armanda; Suarda, I Gede Widhiana; Nugroho, Fiska Maulidian
PUSKAPSI Law Review Vol 2 No 1 (2022): June 2022
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3100.625 KB) | DOI: 10.19184/puskapsi.v2i1.30320

Abstract

This study examines the decision number: 79/Pid.Sus/2020/PN.Jkt.Tim in a case of criminal action of terrorism. This type of research is a normative legal research. The approaches used are the legal, case, and conseptual ones. The results showed that based on Decision Number: 79/Pid.Sus/2020/PN.Jkt.Tim found that the public prosecutor was not careful in formulating the charges, the indictment of the Public Prosecutor is not in accordance with the actions that have been carried out by the defendant as stated in the Terrorism Law. The public prosecutor does not meet the requirements in making an indictment as regulated in the provisions of Article 143 paragraph (2) of the Criminal Procedure Code regarding the formal and material requirements in making an indictment in a criminal act that is charged to the defendant. And based on the decision in Decision Number: 79/Pid.Sus/2020/PN.Jkt.Tim, the judge's consideration is not in accordance with what was done by the defendant who considered that the defendant had attempted to commit a criminal act of terrorism as stated in the facts revealed by the trial in the decision number: 79/Pid.Sus/2020/PN.Jkt.Tim.
Co-Authors Al Farizy, Mohammad Rafi Antariksa, Aiden Gumilang Dewanto, Ari Echwan Iriyanto Eskanugraha, Andika Putra Fajrin, Dian Rahmawati Ghufron, Nurul Herlangga, Armanda I Gede Widhiana Suarda Maulana, Agam Ningtyas, Inez Cahya Ayu Nurhayati, Dwi Endah Ohoiwutun, Y A Triana Prakoso, Bhim Rafika, Aliya tur Ramadhani, Kyagus Samsudi . Samuel Saut Martua Samosir Sangadji, Basri Muhammad Ridwan Setiyoargo, Arief Supriyadi, Jihan Paramita Suyudi, Godeliva Ayudyana widowati widowati Y. A. Triana Ohoiwutun, Y. A. Triana