Garuda - Garba Rujukan Digital

A.A. Sagung Laksmi Dewi

Fakultas Hukum Universitas Warmadewa, Denpasar

Author-ID : 3409708

Law, Crime, Criminology & Criminal Justice Social Sciences

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Articles

Sanksi Pidana terhadap Siswa yang Melakukan Tindak Pidana Penganiayaan Kepada Guru Komang Devi Triveni; A.A. Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The education is the main thing that will sustain the progress of a nation. Teachers are professionals who have the task of teaching, educating and training. The teacher's job is to teach students to have the knowledge and skills of each subject area. In carrying out their obligations, teachers are protected by Article 39 Paragraph (1) of Law Number 14 of 2005 concerning Teachers and Lecturers and strengthened by the issuance of Government Regulation Number 74 of 2008. In practice, Teachers often receive unpleasant treatment such as persecution by students until causing the death of the teacher and the criminal sanction that can be imposed on the student refers to Article 338 concerning Murder where persecution deliberately takes the life of another person. This study aims to explain the management of criminal acts of molestation committed by students to teachers and to explain the criminal sanctions for students who commit acts of molestation to the teacher. This research uses normative legal methods and analysis of legal interpretation and exposure, because this is related to the outcome of criminal sanctions, the approach used is the statutory approach. The data sources used were prime and secondary legal data. The results showed that in the Criminal Code Chapter XX concerning persecution, this is useful to provide a deterrent effect on the students themselves. The Criminal Code for criminal sanctions against the perpetrator refers to Article 338 of the Criminal Code regarding murder, considering that the perpetrator is still a minor, the maximum sentence given to the perpetrator (one half) of the maximum imprisonment for adults as regulated in Law Number 11 of 2012 concerning the Juvenile Justice System.

Asas Unus Testis Nullus Testis dalam Tindak Pidana Pemerkosaan Anak Ni Made Yulia Chitta Dewi; A.A. Sagung Laksmi Dewi; Luh Putu Suryani
Jurnal Konstruksi Hukum Vol. 2 No. 1 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Proving a criminal act of child rape must have valid evidence. The evidence itself aims to find material truth in order to prove whether the defendant is guilty or not. If in proving a criminal act of child rape, the judge considers that there is only one valid witness testimony and it is not supported by other evidence, of course this will become a consideration for the judge's decision. This study aims to analyze the principle of unus testis nullus testis in the crime of child rape and to find out the evidence of the crime of child rape by using one witness (unus testis nullus testis). The type of research used is normative research and conceptual approaches. The results showed that the testimony of the witnesses in the process of evidence was the main evidence for the judge's consideration. In criminal procedural law, the process of proof is carried out by presenting witnesses and supported by other evidence. In addition to the case of child rape, other than using witness testimony, other supporting evidence is needed, such as the results of a visum et repertum which are useful to prove that a crime has occurred. Independent witness statements must be followed by other valid evidence to strengthen the witness's testimony. To prove a crime of child rape, if there is only one witness, this cannot prove that the crime has occurred

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