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All Journal Jurnal Akta JURNAL EDUCATION AND DEVELOPMENT JURNAL PANAH KEADILAN JUDGE: Jurnal Hukum Jurnal Konseling Komprehensif: Kajian Teori dan Praktik Bimbingan dan Konseling Annusfy
Laia, Sri Wahyuni
STIH Nias Selatan
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Akta

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Criminal Policy on the Implementation of Penalties for Combating Sexual Violence in the Indonesian Criminal Law System Sri Wahyuni Laia; Mompang Lycurgus Panggabean
JURNAL AKTA Vol 11, No 3 (2024): September 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i3.39874

Abstract

Sexual violence is a prevalent issue in various societies, transcending time and space, affecting environments such as family, education, community, professional, and social settings. The threat to vulnerable individuals, especially women, induces a universal sense of fear. Violence against women is not limited to physical acts or threats but also includes psychological and social harm. This study employs a legal sociology approach, a legislative approach, and a conceptual approach, with a descriptive research specification aimed at obtaining a complete picture or description of the prevailing legal conditions in a particular place, the existing legal phenomena, or specific legal events occurring in society. The primary data used in this research is obtained directly from informants or resource persons. Additionally, secondary data is used, consisting of primary legal materials, secondary legal materials, and tertiary legal materials, collected through literature studies as supporting data that provide explanations for the primary data. Data collection techniques include interviews and document studies, analyzed qualitatively. Historically, criminal policy concerning sexual violence within the Indonesian criminal law system has existed since Indonesia's independence and continues to this day. However, addressing the legal substance is not sufficient; its implementation requires strengthening the legal structure and legal culture
Sentencing in Narcotics Criminal Offenses from the Perspective of Certainty and Justice Laia, Sri Wahyuni; Panggabean, Mompang L.
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.39987

Abstract

This study investigates the sentencing practices in narcotics criminal cases, focusing on whether they align with the principles of legal certainty and justice. The central aim is to examine whether judges' rulings in such cases uphold the legal norms established in existing legislation, particularly in relation to mandatory minimum sentences and the cumulative imposition of penalties, such as imprisonment and fines. The research employs a normative or doctrinal legal method, analyzing legal statutes, court decisions, and legal commentaries related to narcotics offenses. By scrutinizing the sentencing framework, the study seeks to understand how legal norms influence judicial discretion and the extent to which sentencing practices maintain consistency with established laws. A key focus is on the potential discrepancies between in abstracto (legislation) and in concreto (court rulings), particularly when judges deviate from the minimum sentencing guidelines. This research is significant as it explores the balance between strict legal enforcement and the need for justice that considers the circumstances of each case. The findings are expected to contribute to ongoing discussions on legal reform, helping to develop a sentencing system that is both fair and consistent, ensuring that legal certainty and justice are upheld in narcotics-related offenses.
Co-Authors Dewi Ervina Suryani, Dewi Ervina Laia, Asa’aro Laoli, Upi Indah Stevani Lase, Mesra Abadi Mompang L. Panggabean Mompang Lycurgus Panggabean Sihombing, Natasya Sabrina Kathlen Sodialman Daliwu Telaumbanua, Nurhayati