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All Journal Masalah-Masalah Hukum Law, Development and Justice Review ADIL : Jurnal Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Maria Silvya E. Wangga
Departemen Of Criminal Law, Faculty Of Law, Universitas Trisakti
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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SANKSI PIDANA TERHADAP IBU KANDUNG YANG MENGAKIBATKAN MATINYA ANAK (STUDI PUTUSAN NOMOR 47.PID.SUS/2021/ PN.JKT.PST) Kharisma Nabila Sapeva; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.17223

Abstract

This research is about criminal sanctions imposed on biological mothers who act violently against their children by hitting them, resulting in the child's death. By reviewing decision No.47/Pid.Sus/PN.JKT.PST, the formulation of the research problem is whether the judge considers the punishment of the biological mother based on Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 in Decision no. 47/Pid.Sus/2020/Pn.Jkt is in accordance with the theory of the purpose of punishment. This research is of a normative juridical type which is descriptive in nature, through the use of secondary data with qualitative processing and drawing conclusions deductively. The results of his research showed that the judge did not consider the formulation of norms in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 concerning child protection, namely the punishment increased by 1/3 so that the prison sentence for the perpetrator becomes 20 years. The conclusion from this research is that considering the sanctions that the judge imposed for the punishment of the biological mother in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 does not match the theory of the purpose of punishment based on contemporary theory
ANALISIS TINDAK PIDANA PENCABULAN ATAU MEMASUKI RUMAH TANPA IZIN MENURUT KUHP (PUTUSAN NOMOR 137/PID.B/2020/PN RKB) Abiyyu Ghaly; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18552

Abstract

Obscene behavior is a form of crime involving decency and modesty. In this context, the defendant Sukiyono als Yono bin Soekarno was involved in a case of the crime of obscenity, but in decision no 137/Pid.B/2020/PN Rkb, the perpetrator's actions were linked to Article 167 paragraph (1) of the Criminal Code (KUHP) which regulates forcing to enter a house without permission. This study aims to understand the judge's interpretation of the perpetrator's actions, whether as a criminal offense of sexual abuse or as a violation of Article 167 of the Criminal Code, and whether the perpetrator's actions meet the qualifications of the criminal offense of sexual abuse in accordance with Article 289 of the Criminal Code. This research methodology is normative and descriptive using secondary data obtained through literature study. The results show that the perpetrator's actions do not meet the elements in Article 167 (1) of the Criminal Code on forcing to enter a house without permission, so that the perpetrator's actions are more appropriate to be associated with Article 289 of the Criminal Code which regulates the crime of sexual abuse with threats of violence and is subject to criminal sanctions with a maximum imprisonment of nine years.
ANALISIS KEADILAN RESTORATIF DALAM TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN I (PUTUSAN NOMOR 1129/PID.SUS/2021/PN.JKT.UTR): Analysis Of Restorative Justice In Criminal Act Of Narcotics Abuse Group I (Decision Number 1129/Pid.Sus/2021/Pn.Jkt.Utr) Aprillia Tiara Yunita; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19482

Abstract

The process of resolving criminal cases involving narcotics abuse through rehabilitation is implemented based on the principles of restorative justice, taking into consideration judicial principles such as cost-effectiveness, simplicity, speed. Narcotics abuse is considered a criminal offense requiring specialized handling. This research centers around the application of Restorative Justice in Criminal Cases of Narcotics Abuse in Group I, in accordance with the Narcotics Law. This study adopts a normative research approach utilizing secondary data. The nature of the research is descriptive, with qualitative data analysis and conclusions drawn through deductive reasoning. The research findings reveal that, despite the mandate for rehabilitation stipulated in Law Number 35 of 2009 concerning Narcotics, the practical implementation often deviates from legal provisions. The conclusion is based on Decision Number 1129/Pid.Sus/2021/PN.Jkt.Utr, the Panel of Judges was expected to adjudicate the Defendant for Drug Abuse, thereby warranting their provision of medical treatment, care, and rehabilitation within designated medical and/or social rehabilitation facilities.
- TINDAK PIDANA PENGGELAPAN TERKAIT DALAM HUBUNGAN PEKERJAAN (PUTUSAN NOMOR:46/PID.B/2021/PN.WGP) : - Jhansen Valix Hutapea; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19837

Abstract

Embezzlement committed by adults is a crime that is very troubling to society because it results in significant losses. The formulation of the problem of this article is whether the act of embezzlement committed by a person due to his employment relationship meets the formulation in Article 372 of the Criminal Code? and how is the determination of the conviction of the perpetrator who committed embezzlement in the employment relationship in the court decision Number:46/Pid.B/Pn.Wgp. The research method is normative with the nature of descriptive analytical research, the type of data used is secondary data, quantitative data analysis, and conclusions based on the deductive method. The results showed that the acts of perpetrators of embezzlement of cattle by Augustine Taka Njanji against Melkianus Damu Patimara do not meet the elements of Article 372 of the Criminal Code because the core offense of Article 372 of the criminal code is only ordinary embezzlement and its general nature, the appropriate article should be Article 374 of the Criminal Code because the perpetrator and victim are bound by an employment relationship. The conclusion is the Afghan government's responsibility for the conflict is to protect civil society and provide compensation to the victims
Co-Authors Abiyyu Ghaly Andi Widiatn Aprillia Tiara Yunita Dian Adriawan Dg Tawang Diastika Fajar Anggraeni I Komang Suka'arsana Jhansen Valix Hutapea Kharisma Nabila Sapeva Nurfaizi Usman Putu Elvina Rini Purwaningsih Rita Pranawati Yoga Gunandy Dananjaya Yustinus Suhardi Ruman