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All Journal Lentera Hukum Unes Law Review
AN, Dodik Prihatin
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Journal : Lentera Hukum

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Putusan Bebas dalam Tindak Pidana Pencabulan Lestari, Ella Wahyu; Iriyanto, Echwan; AN, Dodik Prihatin
Lentera Hukum Vol 3 No 1 (2016): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v3i1.5646

Abstract

Obscene crime is the immoral act that has attack the physical and psychic of the victims continuously, especially if the victims are minors, so it is required to be appropriate law enforcement. Obscene against children is a case that has difficult proofs, so it is can not be judged only by manifestations without based on the beliefs of judges and related theories. This article contains 2 (two) issues, namely: (1) Is the singular indictment formulated by the public prosecutor in verdict number: 52/Pid.B/2014/PN.Lok under the defendant's conduct? (2) Is the judge's consideration who was declared that the defendant is not guilty doing the obscene crime in verdict number: 52/Pid.B/2014/PN.Lwk under the facts revealed in the court.This paper uses a normative juridical research, by statute approach (statute approach) and conceptual approach (conceptual approach). Obtained conclusions that (1) the singular indictment formulated by the public prosecutor in verdict number: 52/Pid.B/2014/PN.Lwk is under the defendant's conduct (2) the judge consideration who was declared that the defendant is not guilty doing the obscene crime in verdict number: 52/Pid.B/2014/PN.Lwk is not following the facts revealed in the court. KEYWORDS: Obscene, Acquital, Indictmen, Judge Consideration.
Menilai Pertimbangan Hakim dalam Memutuskan Tindak Pidana Kekerasan Cahya, Lela Tyas Eka Prihatining; Nurhayati, Dwi Endah; AN, Dodik Prihatin
Lentera Hukum Vol 4 No 1 (2017): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v4i1.4494

Abstract

This writing examines the consideration of judge to the decision concerning violence case according to Article 170 KUHP (Criminal Code) and evaluates conformity of decision with the provision of Article 197 Paragraph (1) KUHAP (Criminal Procedure Code) in the case of violence happened in Mojokerto. It takes into account of the judge to decide consideration which has the consequence of a decision made by the judge void by law. It uses statute and conceptual approaches analyzed through Article 170 KUHP and Article 197 Paragraph (1) KUHAP linked to the doctrine of experts to corroborate argument from the authors. In conclusion, this research considers the statement of the judge that the defendant guilty of a criminal offense according to Article 170 Paragraph 1 KUHP does not conform with the fact in the court wherein the court it is obtained the explanation from the witness that the letter of Visum et Repertum and a statement of the defendant done are exercised by the defendants caused casualties sustained. In addition, in making decision, the judge does not refer to Article 197 Paragraph (1) letter d and h so in which the decision should be declared void by law. Keywords: Consideration of Judge, Criminal Offense, Violence
Co-Authors Cahya, Lela Tyas Eka Prihatining Echwan Iriyanto Halif, Halif Ilmi, Ainus Sofa Lestari, Ella Wahyu Nurhayati, Dwi Endah