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All Journal Jurisprudence Jurnal Ilmu Hukum Reformasi Hukum Trisakti Amicus Curiae
Azmi Syahputra
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Humanities Law, Crime, Criminology & Criminal Justice

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Journal : Amicus Curiae

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PENJATUHAN SANKSI DI BAWAH PIDANA MINIMUM KHUSUS TERHADAP TINDAK PIDANA KORUPSI (STUDI PUTUSAN NOMOR  34 / PID . SUS – TPK / 2021 / PN JKT. PST): Imposing Sanctions Under The Minimum Criminal Specifically For Criminal Acts Of Corruption (Study Decision Number 34 / Pid . Sus – Tpk / 2021 / Pn Jkt .Pst) Dira Claudia Hasnah Siagian Siregar; Azmi Syahputra
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24691

Abstract

The law enforcement process for corruption cases is not simple because there are still often differences in the sentencing of crimes. The identification problem in writing this journal is what is the basis for the judge's consideration in imposing sanctions on Decision Number 34 / Pid. Sus – TPK / 2021 / PN JKT . PST is in line with Article 197 paragraph (1) letter f of the Criminal Code and how the legal consequences for the judge are not covered as required by Article 197 paragraph (1) letter f of the Criminal Procedure Code which when adjusted to the indictment is used as the basis for the judge's consideration and is also associated with Article 2 paragraph (1) of the Corruption Crime Law. The type of research used is normative, the nature of the study is descriptive, the data used is secondary data. Qualitative is the analysis of the data used and the method of drawing deductive conclusions. In conclusion, the Judge in deciding this case with a criminal offense that is not by the relevant laws in force even under the special minimum provisions that have been determined in the relevant article listed in the public prosecutor's indictment and is the basis for the judge's consideration.
PEMANGGILAN TERHADAP SAKSI KORBAN DI PERSIDANGAN DALAM PERKARA TINDAK PIDANA PENYEBARAN VIDEO PORNO: Summoning Victim Witnesses In Court In The Case Of The Crime Of Distributing Pornographic Videos Fadel Abdurrazzaq; Azmi Syahputra
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24988

Abstract

The public prosecutor is authorized to summon the victim to appear at the hearing and the summons must be issued at least three days before the trial begins. However, based on the object of the researcher's case, at the first hearing the victim didn’t receive a summons. The victim was informed that the case had entered the trial process at the second hearing. The problem is whether the summoning of victim in the trial of the crime of spreading pornographic videos is in accordance with the Criminal Procedure Code and how the proposed formulation of criminal procedure law in the future in order to protect the interests of victims. The results is Public Prosecutor has contradicted Article 152 (2) and Article 146 (2) of the Criminal Procedure Code. This action shows that the existing trial unfair. Therefore, it’s necessary to reformulate the Criminal Procedure Code related to the deadline for summoning victim and synchronize the Criminal Procedure Code which is derived into internal prosecutor's regulations related to the mechanism for summoning victim and sanctions to Public Prosecutor about assessment of prosecutorial performance.
Co-Authors Albina Aristin Siburian Bryan Jupiter Chaniago Dira Claudia Hasnah Siagian Siregar Fadel Abdurrazzaq Gadys Thalia Noor Jonathan Ariesto Muhammad Ar Rahman Wibowo Saskia Camilla Savira Riska Prameswari Yovita Arie Mangesti