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Journal : Law Journal

PENJATUHAN SANKSI PIDANA BAGI ANAK PELAKU TINDAK PIDANA PERBARENGAN (CONCURSUS), (STUDI KASUS PUTUSAN NOMOR : 445/PID. SUS/2011/PN.KAG). Anggraini, Devi; Muthahir, Ardi; Kristiani, Rheza Dwi
Law Journal (LAJOUR) Vol 2 No 1 (2021): Law Journal (LAJOUR) April 2021
Publisher : LPPM Universitas Bina Insan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32767/law.v2i1.9

Abstract

Abstract Concursus is criminal burden.This contradicts the concept of child protection which is currently an interesting issue in Indonesia. On the one hand, burdensome crime means giving special suffering to the perpetrator of a criminal act and on the other hand protection of children provides something that educates naughty children, not giving suffering to children. Talking about criminal acts, of course, cannot be separated from criminal sanctions. Criminal action correlates with criminal sanctions inherent in criminal acts. The problem of determining criminal sanctions is always related to views on the purpose of punishment. This study discusses the legal considerations of judges in imposing criminal sanctions for children of concurrent criminal offenders in the case verdict number: 445 / Pid. Sus / 2011 / PN.KAG and the suitability of the imposition of criminal sanctions in the case of decision number: 445 / Pid. Sus / 2011 / PN.KAG with the aim of punishment. This research was conducted with a focus related to the problems in this study. This research was conducted by studying the data obtained from the results of the literature review, namely the decision number: 445 / Pid. Sus / 2011 / PN.KAG, books, and legislation related to the problems in this thesis. This research is a normative legal research. In this study it can be argued that a child commits a crime due to environmental influences, both internal and external. Prison punishment is not the main effort to convict children. Prison sentences are not effective in improving children's behavior or preventing naughty children from doing their actions again.
ANALISIS YURIDIS TERHADAP KEPUTUSAN HAKIM TENTANG TINDAK PIDANA MENGHILANGKAN NYAWA DI PENGADILAN NEGERI KOTA LUBUKLINGGAU KELAS IA (STUDI KASUS PUTUSAN NOMOR :301/ PID.B/2020/PN-LLG) Anggraini, Devi; Amanda, Olga; Fitriyani, Fitriyani; Fuadi, Ahmad
Law Journal (LAJOUR) Vol 6 No 2 (2025): Law Journal (LAJOUR) Oktober 2025
Publisher : LPPM Universitas Bina Insan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32767/lajour.v6i2.325

Abstract

This journal analyzes the judge’s decision in a criminal case of taking another person’s life at the Lubuklinggau District Court, Class 1A, through a case study of Decision Number 301/PID.B/2020/PN-LLG. The study aims to understand the application of the elements in Articles 338 and 340 of the Indonesian Criminal Code (KUHP) and the judge’s considerations in delivering the verdict. The research employs a normative-empirical legal method, using a conceptual and statutory approach. Data were collected through interviews and literature studies. The findings indicate that the elements in Article 338 of the Criminal Code include “whoever,” “intentionally,” and “takes another person’s life,” while Article 340 emphasizes the element of “premeditation,” which must be proven by showing a time lapse that allows the perpetrator to reconsider their intention. In this case, the judge based the decision on evidence, legal facts, and the application of Article 338 KUHP, resulting in a sentence aligned with intentional killing without proven premeditation.