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R Rahaditya
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Law, Crime, Criminology & Criminal Justice

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ANALISIS KEYAKINAN HAKIM DIDALAM MENJATUHKAN SANKSI PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCURIAN (CONTOH KASUS PUTUSAN NO. 35/PID.SUS-ANAK/2020/PN LLG) Tri Guntur Julianto; R Rahaditya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12016

Abstract

The judge's confidence in handing down criminal penalties against the child as the perpetrator of criminal theft should best reflect justice and have benefits for all parties, both child and victim. The study aims to know how the judge's conviction in handing out criminal penalties against the child as perpetrators of a felony theft at rule number 35/ pid. Sus-child /2020/ pn has been consistent with the 2012 law number 11 on the child's criminal justice system and to find out if the judge is on ruling 35/ pid. Sus-Anak /2020/ pn.llg already passed criminal sanctions under the 2012 statute of 11 on the child criminal justice system. The type of research used in this study is normative-law research and USES primary law materials includes laws, secondary law materials of books, the study USES legislation approaches and case approaches related to the problems studied, the writer analyzes data by deductive methods. Judge's confidence in ruling 35/Pid. Sus-Anak/2020/pn.llg will be precise but in dropping criminal sanctions on children as criminal offenders is less appropriate because the judge in its sentence reflects justice restorative/ restorative justice justice and is based on principle in article 2 rule number 11 in 2012 about the child's criminal justice system. Therefore the judge should be in the casting of a criminal sentence against the child should reflect restorative justice and be based on the principle on the 2012 no. 11 year law on the child's penal system.
ANALISA UNSUR-UNSUR PEMBELAAN TERPAKSA DALAM SUATU TINDAK PIDANA DENGAN STUDI KASUS PUTUSAN PENGADILAN NEGERI KEPANJEN NOMOR. 01/PID.SUS-ANAK/2020/PN.KPN Stanislaus Arthur R.W.; R Rahaditya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12002

Abstract

Basically, self-defense is a right which becomes the instinct of every person to defend himself or others, his property and honor from the evil deeds of other parties, which want to destroy or harm them illegally. The Criminal Code regulates several legal defenses, including the Overmacht which is regulated in Article 48 of the Criminal Code (KUHP), Noodtoestand and Noodweer which are regulated in Article 49 paragraph 2. This writing raises the issue of how the implementation of the defense is forced to become excuses for forgiveness and reasons for eliminating crime in Article 49 paragraph 2 of the District Court Decision Number 01 / PID.SUS-ANAK / 2020 / PN.KPN. This writing uses a normative or doctrinal research method, namely research provides a systematic explanation of the rules governing a category, the nature of research which uses practical and prescriptive normative properties, the types and techniques of writing are primary and secondary legal materials. noodweer excess in this case cannot be used as an excuse to abolish a crime because the judge does not have a proper basis in determining the decision.
ANALISIS PEMIDANAAN TERHADAP PEMALSUAN SURAT KETERANGAN RAPID TEST ANTIGEN DALAM PUTUSAN PENGADILAN NEGERI JEMBER NOMOR 205/PID.SUS/2021/PN.JMR Feby Egatri Gulo; R Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17973

Abstract

Today, the world is being shaken by a great pandemic called Covid-19 (Corona Virus Disease). One of the countries experiencing the impact of this virus outbreak is Indonesia. So, through this, the Government has the authority to take action in solving a problem, one of which is by showing a Health Certificate of Antigen Rapid Test which is used as a condition for traveling to prevent the spread of the Covid-19 Virus. This study aims to find out how the Criminal Analysis of Counterfeiting of Antigen Rapid Test Certificates in the Jember District Court Decision Number 205/PID.SUS/2021/PN.JMR and evaluate the judge's considerations in deciding this case. The type of research used in this research is normative legal research supported by interview data with experts. Through this research, although forgery has been regulated in the Criminal Code, but regarding the Crime of Counterfeiting Health Certificates, it has not been regulated explicitly. Regarding the sentencing decision, the researcher disagrees because in considering and deciding this criminal case, the judge is considered to be more considerate of the elements and aspects of the occurrence of a crime in aggravating circumstances. So by considering the existing elements, the sentence given is more appropriate by referring to Article 35 jo. Article 51 of Law Number 11 of 2018 concerning ITE as the legal purpose. Researchers suggest that in imposing a sentence on every judicial institution and judge not only decide based on their belief alone, but also based on their responsibilities and values in society.
DAMPAK TERHADAP TINDAKAN MEMPERTONTONKAN TERSANGKA DI MUKA UMUM DITINJAU DARI ASAS PRADUGA TAK BERSALAH Yakobus Yakobus; R Rahaditya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12013

Abstract

The principle of presumption of innocence is regulated in Law No. 14 of 1970 Article 8 which contains the definition of the presumption of innocence. But this principle is often ignored by law enforcers in the investigation process in a variety of ways, one of which is the act of showing the suspect in public, cases like this have very often occurred in the investigation process in Indonesia, especially in the field of special crimes of corruption and narcotics.  This has become an inherent culture for law enforcers to expose suspects to the public, with this action suspects who have not yet received a guilty verdict must undergo social sanctions obtained from showing this suspect, so that it can have an impact that can stick to the suspect. alone as well as relatives and family. Many parts of society support this action without caring and knowing about the impact of this action, but there are also groups of people who disagree and consider this as an act of violation of the presumption of innocence that must be stopped.
PENDAMPINGAN PSIKOSOSIAL DALAM RANGKA MEMBERIKAN PERLINDUNGAN TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (CONTOH KASUS : PUTUSAN NOMOR 1416/PID.SUS/2018/PN JKT.UTR Veren Marceline; R Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17884

Abstract

Children are the next generation of a nation and state in the future whose rights must be protected and even protected. But the fact is that there are still many children who are victims of sexual violence. Children who experience sexual violence have an impact in terms of physical, psychological, and emotional. The term sexual violence is defined as an act that results in death, psychological harm, and deprivation of rights. As a form of protection for children who are victims of sexual violence, protection measures are provided in the form of psychosocial assistance with the aim of restoring the child's social function. So that in this study a problem arises in the form of how to implement psychosocial assistance in order to provide protection for children as victims of criminal acts of sexual violence. The implementation of psychosocial assistance has been regulated in Law Number 35 of 2014 Amendments to Law Number 23 of 2002 concerning Child Protection in Article 69A. However, the fact is that the implementation of psychosocial assistance to child victims of sexual violence is still far from an ideal situation. This happens because in carrying out the implementation of psychosocial assistance there are still several obstacles, so that in carrying out psychosocial assistance to children it becomes hampered. Therefore, the government must pay more attention to and emphasize the rules contained in the Child Protection Act so that they can be socialized in accordance with existing regulations and deal with obstacles that still occur that hinder the implementation of psychosocial assistance to children who are victims of sexual violence.
PENGGUNAAN SAKSI MAHKOTA DALAM TINDAK PIDANA PENCURIAN YANG DISERTAI DENGAN KEKERASAN (STUDI KASUS NO 563/PID.B/2019/PN.JKT.BRT) Ahmad Aryadi; R Rahaditya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12018

Abstract

This study aims to analyze the use of crown witnesses in criminal acts that often occur in the prosecution process in court as evidence in cases witnessed by the defendants, especially in cases of theft accompanied by violence. This research was conducted with a normative research approach and with data collection, one of which was by conducting interviews with the defendants and also their families as a data collection technique and also literature study obtained from the prevailing laws and regulations, books, jurisprudence of the Supreme Court, as well as Supreme Court Circular Letters, journals, and internet sites. The results of this study indicate that the use of crown witnesses in evidence in Indonesia is often used, initially the reason for using crown witnesses was as evidence against the public against the crime that occurred, but along with the times the crown witnesses should be accompanied by sufficient evidence to prove that the defendant is a people who are truly proven to have committed a criminal act, the need for legal protection related to the improvement of the Criminal Procedure Code, especially the affirmation of the use of crown witnesses, is needed, legal protection by providing an understanding of the human rights of people who have been harmed due to misunderstandings caused by the dualism of understanding of Jurisprudence as one a source of law that has permanent legal force, so that the purpose of law, namely to establish order and balance in society can be achieved.
PENOLAKAN PEMBATALAN MEREK DIAKIBATKAN DALUWARSA ANTARA PENGADILAN NIAGA DAN MAHKAMAH AGUNG DITINJAU DARI UNDANG-UNDANG NO. 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS. (STUDI KASUS PUTUSAN PENGADILAN NIAGA NO. 44/PDT.SUS.MEREK/2019/PN.NIAGA.JKT.PST Jo. PUTUSAN MAHKAMAH AGUNG NO. 794 K/PDT.SUS-HKI/2020) Jesslyn Evelina Tandrajaya; R Rahaditya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17889

Abstract

Intellectual Property Rights are exclusive rights obtained from intellectual works created or discovered or created by humans. One type of Intellectual Property Rights is trademark. Trademarks must be registered, because their registration creates an exclusive and absolute right to the trademark. Exclusive rights can be interpreted that these rights can be maintained by the holder or the owner of the trademark. But in reality, it is still found that there are similar brand similarities between one brand and another. Trademarks can be filed for cancellation which has been regulated in Act no. 20 of 2016 concerning Trademark and Geographical Indications. However, regarding the cancellation of the trademark, there is a limitation that the trademark can only be canceled for 5 years from the time the brand is registered, beyond that the cancellation of the trademark can be said to have expired. The cancellation of the trademark can be carried out indefinitely if the trademark is found to have elements of bad faith. Expiration is a tool to obtain or free oneself from a certain engagement. The method used in this research is normative legal research. The results of the research obtained are that in deciding cases each judge has a different view, as in the case of judges having different views regarding expiration. Judges of the Commercial Court use expiration as the basis for rejecting the lawsuit for trademark cancellation, while Judges of the Supreme Court use that bad faith can override expiration.
ANALISIS PUTUSAN LEPAS PADA TINDAK PIDANA MEMASUKI RUMAH ORANG LAIN SECARA MELAWAN HUKUM (STUDI PUTUSAN PENGADILAN TINGGI DKI NOMOR 451/PID/2019/PT.DKI) Nina Maulanny Herlan; R Rahaditya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10612

Abstract

The criminal act of entering someone else’s house against the law is regulated in Book II Criminal Code, in Article 167 section (1) of the Criminal Code. For the case appointed by the author, the defendant was charged with Article 167 section (1) of the Criminal Code by the general prosecutors. This research background and reasons for writing by differences in the decisions handed down by the Panel of Judges at the South Jakarta District Court which convicted a defendant while the DKI District Superior Court declared a defendant free from all charges (ontslag van rechtsvervolging). This research is aimed to analyze and find out the judge’s consideration in giving a defendant free from all charges on the crime of entering someone else’s house against the law in Decision Number 451/PID/2019/PT.DKI. The research method used in this study is a normative research method based on literature study materials and interviews with practitioners and academics. The results of this study revealed that the consideration of the judge’s decision to release the defendant Zulkarnaen has been correct because the action of the accused was not a crime but a civil act in which there has been an disputes over land and building ownership between the defendant and H. Ashari Angkat Sutan’s biological child.
PEMBERATAN PIDANA OLEH MAHKAMAH AGUNG DALAM PERKARA ANAK DITINJAU BERDASARKAN PRINSIP JUDEX JURIS (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 526K/PID.SUS/2019) Virlieni Erika Putri; R Rahaditya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10574

Abstract

Judge's judgment is essential in implementing the regulation on children. The principle of Supreme Court precedents made the court judge not authorized to file criminal proceedings against children. A child who commits a criminal act will continue to carry out a judicial process whose judicial process is different from the court process in general. However, in child criminal cases in the decision number: 526K/Pid.Sus/2019 the Supreme Court judge imposes a criminal weight against the offender's child. Meanwhile, the Child Protection Law defines the best principle for children. The research method used is normative juridical research. The results showed, first juridically, the principles of the Supreme Court as judex juris make Supreme Court judges not authorized to enforce criminal sanctions. The severity of a sanction is also not the object of examination in the cassation stage. Second, during the examination considerations presented by a Supreme Court judge are considered to reduce any resistance to children. So judges are considered not paying attention to the fairness of both sides.
Co-Authors Adithia warman Ahmad Aryadi Celine Florentza Simanungkalit Febriawan Mahendra Feby Egatri Gulo Jesslyn Evelina Tandrajaya M Rizky Aulia Hakim Mischaela Ivane Maureen Marbun Nina Maulanny Herlan Ricky Vandre Teguh Jaya Sonia Christy Sipayung Stanislaus Arthur R.W. Tazkya Salsabila Tri Guntur Julianto Veren Marceline Virlieni Erika Putri Wahyu Jati Kuncoro Yakobus Yakobus Yunita Dimer Bustomi