I Made Rudy Darmika
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Tindakan Kriminalisasi Terhadap Seseorang Dengan Menggunakan Instrumen Undang-Undang ITE I Made Rudy Darmika; Sagung Laksmi Dewi; I Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 2 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.3.2.4835.344-350

Abstract

Criminalization is a change in the value of changing many charges that were previously not criminal and not criminal into acts that are considered cunning and need to be punished. This research aims to find out how to regulate someone who commits an act of criminalization and the legal remedies that must be taken if someone is criminalized. This research is a type of normative and conceptual research on this problem. conceptual, case and comparative. This research emphasizes the interpretation and construction of law to obtain several legal norms, conceptions, lists of regulations and their implementation in concrete cases. From the discussion, the following results were obtained: The act of criminalizing a person using the ITE law instrument, which as previously explained is a concern for me as a writer for criminalization which is currently very common in Indonesia with various types of cases. Human rights that protect the right of every individual to express opinions and thoughts in public. His suggestion is the need for integrity from a judge who decides a case later so as not to make a wrong and unfair decision because he decides to punish someone who should be innocent but is found guilty. And the importance of awareness from law enforcement authorities is demanding someone who previously did not commit a crime but seems to have committed a criminal act or criminalized someone so that they have strong and professional integrity, always prioritize the legal interests and justice of the people or the majority above personal interests so that later cases like this not seen again in the future.
Penjatuhan Pidana di Bawah Ancaman Pidana Minimum dalam Putusan Mahkamah Agung Nomor 1278 K/Pid.Sus/2022 Ditinjau dari Prinsip Keadilan I Made Rudy Darmika
Jurnal Yusthima Vol. 6 No. 01 (2026): YUSTHIMA : Jurnal Prodi Magister Hukum FH Unmas Denpasar
Publisher : Fakultas Hukum, Universitas Mahasaraswati Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Drug-related offenses constitute serious crimes addressed through strict penal policies, one of which is the establishment of special minimum penalties under Law Number 35 of 2009 on Narcotics. However, in judicial practice, the application of such minimum penalties is not always implemented rigidly, as reflected in Supreme Court Decision Number 1278 K/Pid.Sus/2022, which imposed a sentence below the statutory minimum on a narcotics user possessing a very small quantity of evidence. This study aims to analyze the application of the principle of justice in the imposition of sentences below the statutory minimum and to examine the legal rationality underlying such a decision within the framework of the Indonesian sentencing system. This research employs a normative legal research method using statutory, historical, and conceptual approaches, through an examination of relevant legislation, criminal law doctrines, and court decisions. The findings indicate that the imposition of a sentence below the statutory minimum in this decision reflects an effort to realize substantive justice through the application of the principles of proportionality and individualized sentencing. The decision demonstrates that justice is not always synonymous with the mechanical application of the law, but rather requires an interpretation that takes into account the concrete circumstances of the case, the degree of the offender’s culpability, and the objectives of punishment. Accordingly, this study underscores the importance of balancing legal certainty and substantive justice to ensure that the sentencing system remains grounded in humanitarian values without undermining legal legitimacy.