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All Journal Journal of Multidisciplinary Academic
Wasis Susetio
Esa Unggul University, Jakarta 11510, Indonesia
Education Engineering Social Sciences

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Responsibility for Criminal Action of Subsidiaries Abused Under the Age due to Heavy Wound (Case Study: Decision Pn. Tangerang No. 71 / Pid-Sus-Anak / 2018 / Pn. Tng) Angga Bastian; Wasis Susetio
Journal of Multidisciplinary Academic Vol 5, No 2 (2021): Science, Engineering and Social Science Series
Publisher : Penerbit Kemala Indonesia

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Abstract

This study aimed to describe the cases that had occurred also analyze from the legal side with the applicable law. Here, the name of cases is regarding the abuse carried out by minors which is the result in this case contain a serious injury No: 71/ Pid-Sus-Anak / 2018 / PN Tng. Thus, we proposed a qualitative data study using normative juridical methods. The results showed the process of handling child law prioritizes on diversion process. Here, the legal process in the diversion stage was carried out from the investigation stage, the prosecutor's office, and the court. However, the case relative fail through the trial process at Tangerang district court. Judges in deciding cases use Law regulation no. 11 of 2012 with a sentence of 10 months and training for 3 months. In the court process, there are several things and not appropriate and reduce the child's right to justice where the handling of the child is still not appropriate because the child is detained in a cell not at the Temporary Child Care Institution (LPSA) until the judge's decision read. In detention children are placed in detention (cells) so that this is not in accordance with Law No. 11 of 2012 concerning the juvenile justice system which should place children who conflict with the law placed in the Special Institution for Child Development (LPKA). This case has been done due to the facilities in the Tangerang jurisdiction do not yet have LPSA and LPKA facilities. Thus, for future research it’s expected to give emphasis to the justice of children in conflict with the law in order to get their rights in accordance with Law regulation no. 11 of 2012.
The Sculling Crime in Work Relationship over Plantation Service, Sago Drugging Case Study Nelly Dharma; Markoni Markoni; Wasis Susetio
Journal of Multidisciplinary Academic Vol 5, No 3 (2021): Science, Engineering and Social Science Series (New Update: With DOI index)
Publisher : Penerbit Kemala Indonesia

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Abstract

The judicial process will be ends with a final decision (verdict). Here, the imposition or release of criminal sanctions (punishment), in the judgment has been considered over verdict. Before arriving at this stage, there are steps that must be carried out beforehand, namely the stage of proof in imposing a crime against the defendant. In imposing a crime, the judge must have analyse based on two valid evidence with the two pieces of evidence also judge is convinced that the criminal act charged has actually occurred and it was the defendant who committed it. This is regulated in Article 183 KUHAP. Thus, the purpose of this study to examine and analyse the authority of the prosecutor over judges panel in imposing a sentence on the defendant. In this study, the proposed method to examine and analyse the strength of the items or evidence were obtained through the expert witnesses and field witnesses. Here, we analyse empirical juridical legal studies are examines the applicable legal provisions and a society reality condition. In this study, the processing data was used qualitative methods with draws conclusions using legal logic. The result shows the judges' considerations and decisions are sometimes different from the demands of the public prosecutor. In addition, the evidence and considerations used by the panel of judges also differ from the evidence received from expert witnesses, field witnesses, letters and instructions from investigators. However, the judges have a strength evidence to determine authority by obtain relationship.
Co-Authors Angga Bastian Markoni Markoni Nelly Dharma