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All Journal Wacana, Jurnal Sosial dan Humaniora Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Sriwijaya Law Review Unram Law Review Constitutional Review Jurnal Ius Constituendum Sociological Jurisprudence Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences
I NYOMAN NURJAYA
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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JUDICIAL DISCRETION IN THE CRIMINAL JUSTICE PROCESS IN INDONESIA (A Study at the Cianjur District Court) Anissa Larasati; Faizin Sulistio; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2676

Abstract

The influence of public attention on the criminal trial process is currently affecting the judiciary under the Supreme Court of the Republic of Indonesia, where all layers of society consistently follow the development of news related to ongoing trials in specific legal jurisdictions. This article focuses on discussing the nature of public attention, emphasizing that it should not affect the judges' rulings in criminal cases, as well as the discretion of judges in formulating legal considerations in cases that attract public attention during the decision-making process. Our findings indicate that in making legal considerations for criminal case rulings, the panel of judges must always adhere to the formal procedural law established in the criminal trial process, reinforced by the application of the Indonesian Criminal Procedure Code, relevant criminal laws in the trial, and the Supreme Court regulations. The primary guidance for judges in formulating legal considerations for legal decisions must be based on at least two pieces of evidence proven during the trial, coupled with the conviction of the presiding judge, and supplemented by the judge's authority to exercise discretion in order to ensure clear and just resolution of the criminal case. In conclusion, we recommend that judges must continue to uphold their independence in making legal considerations and delivering sound legal judgments.
LEGAL PROTECTION FOR CHILDREN UNDER 14 (FOURTEEN) YEARS OLD AGAINST VIOLENCE OFFENDER (ANALYSIS OF GARUT DISTRICT COURT DECISION NUMBER 1/PID.SUS-ANAK/2024/PN GRT) Regina Monica Andriani; Harun Al Rasyid; I Nyoman Nurjaya
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4889

Abstract

Garut District Court issued decision number 1/Pid.Sus-Anak/2024/PN Grt involving Akbar Rozak Alias Akbar who committed violence against the victim Agum Gumelar (deceased) until he died because he was annoyed by the victim who hit him hard while playing volleyball. The crime was committed by slashing 1 (one) cutter knife blade towards the victim's neck and right wrist and the victim was carried away by the Cimanuk River current. For his actions, the Panel of Judges imposed a correctional sanction for 1 (one) year at the Griya Bina Karsa Social Service Center-West Java Provincial Social Service in Cileungsi and participated in job training for 2 (two) months. This study aims to analyze the legal considerations (ratio decidendi) that have been used by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt and analyze the value of legal certainty and benefits for child perpetrators regarding the application of the law carried out by the Panel of Judges in the decision of case number 1/Pid.Sus-Anak/2024/PN Grt. The method used is normative juridical research with a case approach. The results of the study show that the Judge's considerations in decision number 1/Pid.Sus-Anak/2024/PN Grt which imposed sanctions on children were based on the principles of criminal law for children which are different from those for adults. The main focus is the best interest of the child, rehabilitation, and social reintegration. Several important elements in the legal considerations by the Judge consist of consideration of the principles of child protection, the age and maturity factors of the child, the severity of the violent crime committed, the child's attitude in court, recommendations from the Correctional Center, consideration of the type of sanctions, and the implementation of restorative justice. In decision number 1/Pid.Sus-Anak/2024/PN Grt in which the Panel of Judges imposed sanctions against the child, in fact the Panel of Judges did not explain the reasons for imposing other sanctions in the form of 2 months of job training. In fact, Akbar Rozak's child can only be subject to sanctions because he is not yet 14 years old. In addition, job training is one of the main types of punishment for children. So by simultaneously imposing sanctions in the form of action and criminal action against Akbar Rozak's child, it creates legal uncertainty, but on the other hand, imposing these sanctions can provide legal benefits for the child who committed the crime.
Co-Authors Anissa Larasati Annisa Azzahra Burhan Arum Roselinda Dedi Putra Dody Heryanto Fachrizal Afandi Faizin Sulistio Febri Fitra Kusuma Fifik Wiryani Fitra Kusuma, Febri Fitria Dewi Navisa Hanif Nur Widhiyanti Harun Al Rasyid Henny Yuningsih Herman Suryokumoro Istislam Istislam La Ode Machdani Afala Mardian Wibowo Masruchin Ruba’I Milda Istiqomah Mohammad Hamidi Masykur Muchammad Ali Safaat Nova Winantika Rindang Kirana Nurini Aprilianda Prija Djatmika Priya Djatmika Qoirul Khitam Bastomi Regina Monica Andriani Rizky Alif Akbar Roytomi Isabilton Syamsiar, Syamsiar Toni Kasmiri Ummu Salamah Warkum Soemitro Yona, Ashifa