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All Journal Journal of Indonesian Legal Studies ADIL : Jurnal Hukum terAs Law Review: Jurnal Hukum Humaniter dan HAM Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae JILS (Journal of Indonesian Legal Studies)
Maria Silvya E. Wangga
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

 1 
PEMBELAAN TERPAKSA PADA TINDAK PIDANA PEMBUNUHAN(PUTUSAN NOMOR 14/Pid.B/2021/PN Wgw): Defense of Necessity in the Crime of Murder (Decision Number 14/Pis.B/2021/PN Wgw Aryaputra, Ivan Andhika; Wangga, Maria Silvya E.
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amp95g67

Abstract

Involuntary defense (noodweer) justifies an action if it is involuntary, undertaken to defend oneself or others from an imminent threat that violates the law. Individuals who use duress defense have the right to be free from prosecution. The case study occurred in Liya Togo Village, South Wangi-Wangi, Wakatobi Regency, starting from an argument between the victim and the perpetrator. The victim thrust a badik, threatening the perpetrator's life, which was parried. The perpetrator, faced with an urgent attack from the victim, resorted to forced defense by drawing his badik, causing the death of the victim. The research problem involves the judge's consideration of the elements of Article 338 of the Criminal Code and whether the perpetrator's actions meet the elements of Forced Defense in accordance with Article 49 of the Criminal Code. The research method uses a normative legal approach with secondary data from primary, secondary, and tertiary legal materials. The research concluded that the judge's consideration of the elements of Article 338 of the Criminal Code was not fully fulfilled and the actions of the perpetrator fulfilled the elements of forced defense (noodweer) in accordance with Article 49 of the Criminal Code.
PERBANDINGAN PERATURAN TENTANG MEKANISME HUKUMAN MATI MENURUT HUKUM INDONESIA DAN MESIR: Comparison of Regulations on the Death Penalty Mechanism according to Indonesian and Egyptian Law Yunarto, Gusti Adrian; Wangga, Maria Silvya E.
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/jwtrmr76

Abstract

The study aims to discuss the comparison of death penalty regulations in Indonesia and Egypt. Based on this, researchers use the main problem of how to regulate the death penalty according to law in Indonesia and Egypt and what are the disadvantages and advantages of the death penalty in Indonesia and Egypt. To answer these problems, normative research is carried out with the nature of analytical descriptive research and the type of data used is secondary data. In conclusion, the application of the death penalty in Indonesia is contained in the Criminal Code and other criminal laws. The implementation refers to Law No. 2 / PNPS / Year 1964 and the procedures in the Decree of the Chief of the National Police of the Republic of Indonesia No. 12 of 2010 and the advantages of the implementation of the death penalty in Indonesia the implementation process is carried out by shooting to death and has complete regulations in material and formal law, weaknesses in Indonesia there are clear regulations governing but not implemented in the application of the law. The state of Egypt, the death penalty is contained in the Criminal Code and other laws but in its implementation it is exclusive to the Criminal Procedure Code and Egypt has advantages over the procedural process where the imposition of the death penalty needs the approval of various parties until finally approved by the president, Egypt really implements the existing punishment, the weakness of the death penalty in Egypt lies in the implementation process which uses the method of hanging to death.
PENJATUHAN SANKSI PIDANA BAGI PELAKU PENGANIAYAAN BENTUK PENYERTAAN  (STUDI PUTUSAN NOMOR 111/Pid.B/2021/PN MBO): Imposition of Criminal Sanctions for Perpretators of Abuse in The Form of Participation (Study Case Number 111/Pid.B/2021/PN.MBO) Fonataba, Orin Tesa Woisiri; Wangga, Maria Silvya E.
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/mrv11h62

Abstract

This scientific article follows up on the Meulaboh District Court Decision Number 111/Pid.B/2021/PN MBO abuse committed by more than one person, known as participation. The imposition of criminal sanctions occurs to provide justice for victims and overcome the possibility of other people commiting the same crime. Qualifications for form of inclusion of perpetrators of abuse and criminal sanctions for perpetrators of abuse in the form of participation according to theory of punishment will be the focus of discussion in this article. The result of the research show that the perpetrator of the abuse  fulfills the form of inclusion of the perpetrator (plegen) because all elements of the criminal act of abuse fulfilled and perpetrators abuse forms participation of were sentenced to prison for 4 (four) months, this is not in accordance with contemporary theory and relative theory which requires perpetrators to be sentenced  to 2 (two) years and 8 (eight) months. It is hoped that every law enforcer can be more careful in deciding Articles and consider the purpose of punishment for maximum sanction.
PENERAPAN SURAT DAKWAAN SUBSIDAIR DALAM KEMATIAN ANAK: Application Of Subsidiary Indictment In Child Death Cases Antonius Sihmiyanto; Maria Silvya E. Wangga
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.23997

Abstract

The indictment is a crucial part of the criminal justice process, because it plays a role in directing the course of the case examination in court. In cases involving children as defendants, the preparation of the indictment must be prepared by considering the principles of child protection as stated in Law No. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA). This study focuses on a juvenile criminal case involving a juvenile defendant who was charged with committing abuse resulting in death. The indictment prepared by the prosecutor includes Article 340, Article 338, and Article 351 Paragraph (3) of the Criminal Code with an alternative indictment. The identification problem studied in this study is the Application of Subsidiary Indictments in Cases of Child Death Based on the Criminal Procedure concerning the Juvenile Justice System. The research method used is the normative legal method with a descriptive-analytical approach. The research data was obtained through a literature study of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study indicate that although the application of subsidiary charges provides flexibility in the evidentiary process, in the context of juvenile justice, an approach that emphasizes restorative justice is needed.
Co-Authors Abiyyu Ghaly Ahmad, Nadzriah Ajeng Tiara Damayanti Antonius Sihmiyanto Aprillia Tiara Yunita Aryaputra, Ivan Andhika Barda Nawawi Arief Daniel Wewo Godo Kana Lo Diastika Fajar Anggraeni Fadhil Pratama Putra Fitra Triyana Fonataba, Orin Tesa Woisiri Jhansen Valix Hutapea Jufryanto Puluhulawa Kharisma Nabila Sapeva Pujiyono Pujiyono R. Bondan Agung Kardono Rahmawati, Nuraida Ramadan, Nursyachrani Tiara Rizki Firdaus Nuryana Basri Shakira Belva Adara Vifi Swarianata Yunarto, Gusti Adrian