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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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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.
PEMIDANAAN TINDAK PIDANA PENCABULAN DAN PERSETUBUHAN DENGAN KEKERASAN OLEH AYAH KANDUNG (PUTUSAN NO.113/PID.SUS/2021/PN.KPG): Sentencing In Sexual Abuse And Forced Intercourse Crimes By A Biological Father (Verdict No.113/Pid.Sus/2021/Pn.Kpg) Shakira Belva Adara; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22778

Abstract

Children are a blessing that must be protected, yet they often become victims of abuse by their own parents. This study analyzes the legal protection for victims of sexual abuse and forced intercourse by biological fathers under Law No. 17 of 2016 and the sentencing of perpetrators in Verdict No.113/Pid.Sus/2021/Pn.Kpg. The research method used is descriptive-analytical. The findings result and conclusion indicate that the verdict does not provide detailed legal protection for victims, leading to legal uncertainty and the absence of restitution. The sentencing in this case falls under concursus idealis, where the perpetrator repeatedly committed sexual abuse. The stelsel absorpsi system was applied, with the judge imposing the maximum sentence of 10 years under Article 81(3) of the Child Protection Law.
Putusan Mahkamah Agung no 195 K/MIL/2015 mengenai Menghilangkan barang keperluan perang ditinjau BERDASARKAN Pasal 148 Kitab Undang-Undang Hukum Pidana Militer DAN PERSPEKTIF HUKUM HUMANITER: SUPREME COURT DECISION NO. 195 K/MIL/2015 REGARDING THE LOSS OF WAR SUPPLIES REVIEWED BASED ON ARTICLE 148 OF THE MILITARY CRIMINAL CODE AND HUMANITARIAN LAW PERSPECTIVE Rahmawati, Nuraida; Ramadan, Nursyachrani Tiara; Wangga, Maria Silvya E.
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 6 No. 1 (2024): Mei 2024
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/v4r37s57

Abstract

Taking military equipment as a firearm is a crime, and soldiers who carry firearms illegally will be punished according to criminal law. This study aims to determine and apply its nature, the study of the purpose of law, values, definitions, validity of legal rules, legal concepts and legal methods. The approach used in this study is a legal approach, historical approach, and theoretical approach. The formulation of this research problem is as follows. 1) What are the types of diseases that can arise as a result of taking up arms in decision-making? 2) What punishment will be given to perpetrators of crimes taking up arms under international humanitarian law? 3) What is the legal perspective used in the context of international humanitarian law? From the findings, one of the events of the loss of property or weapons involving TNI members was led by Budi Santoso, Lieutenant Colonel of Yonarmed unit 18/105 Magetan in East Java. Conclusion of Medan Military High Court Lieutenant Sus Budi Santosa, SH., MH. (March 5, 2018) the results showed that if a missing weapon is found, the soldier will be tried based on the crime he committed. The study is expected to focus on the necessary sanctions to prevent a recurrence of something similar in the future.
PEMENUHAN HAK REHABILITASI ANAK KORBAN TINDAK PIDANA PENCABULAN DALAM PUTUSAN NOMOR 130/PID.SUS/2023/ PN.SITUBONDO: Fulfillment Of Rehabilitation Rights For Child Victims In Decision Number 130/Pid.Sus/ 2023/Pn. Situbondo Ajeng Tiara Damayanti; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i3.23307

Abstract

The crime of child sexual abuse as stated in Decision No. 130/Pid.Sus/2023/PN.Situbondo was committed by the victim's biological uncle, which resulted in the victim experiencing psychological trauma. As part of the recovery process, child victims have the right to obtain proper rehabilitation services, including the fulfillment of the rights of child victims of sexual abuse as stipulated in the decision. This research examines the formulation of the problem of how the fulfillment of rehabilitation rights for child victims in the case, as well as identifying the forms of rights that should be received by child victims as part of recovery. The methodology used is a normative approach with a descriptive-analytical nature, and the conclusions in this research are obtained through a deductive approach. Based on the results of the research, it was found that child victims did not receive medical or social rehabilitation, because the judge in his verdict did not consider the provisions of Article 2 of Presidential Regulation No. 75 of 2020. The rights of child victims are only partially fulfilled, while a number of other important rights have not been fully realized.
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.
Periscope of Ideas Selective Criteria for the Application of Restorative Justice in Corruption Crimes Wangga, Maria Silvya E.; Ahmad, Nadzriah; Puluhulawa, Jufryanto; Swarianata, Vifi
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4530

Abstract

This article applies the theory of restorative justice to the analysis of state losses resulting from corrupt activities. This study employs socio-legal research, which is a type of normative legal research that is dependent on values and facts. The study's findings revealed that two (2) points of view are based on the fundamental notion that restorative justice can compensate the state for damages incurred through acts of corruption. First, in order to make up for the losses sustained by the state as a result of corrupt criminal acts, law enforcement must be centered around the idea of restorative justice. Secondly, the fact that the Constitutional Court's ruling Number 25-PUU-XIV-2016 eliminated the word "may" from Article 2 paragraph (1) and Article 3 of Law Number 20 Year 2001 in combination with Law Number 31 Year 1999 for the Eradication of Corruption remains a reality. In order to ensure that substantive justice in the application of restorative justice does not clash with current laws and regulations and is administered with chosen criteria, the A quo ruling nullifies Article 4 of the Corruption Crime Eradication Law.
- “Pemidanaan Oleh Hakim Dalam Pencurian Pada Malam Hari Di Rumah (Putusan Nomor 638/ Pid. B/ 2020/ PN MRE)”: - Diastika Fajar Anggraeni; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15859

Abstract

Regarding nighttime stealing at home, decision number 638/Pid.B/2020/PN MRE was made. In Decision Number 638/Pid.B/2020/PN MRE, the issue is whether the author's actions are in accordance with Article 363 paragraphs (1), fourth and fifth, of the Criminal Code, and what sentencing guidelines the judge took into account when imposing a decision on the case. Legal research, which is descriptive analysis in nature, is the research methodology used. This study's findings and debate led to the development of sentencing recommendations and goals. The conclusion of this study is that the judge's judgment is asynchronous when employing the requirements of Article 363 paragraphs (1) 4 and 5 of the Criminal Code and sentencing standards that are considered by judges in applying criminal sanctions to perpetrators must be objective so that later the judge will fully fulfill the goals of security and justice. The conclusion of this study: the defendant's actions in this case do not meet the requirements of Article 363 paragraph (1) 5, but the requirements of Article 363 paragraph (2) of the Criminal Code and the sentencing guidelines used are evidence, legal facts, witness statements from victims, and statements from the accused. These sentencing guidelines have not yet been regulated in the Criminal Code and have only been found in the 2019 Draft Criminal Code.
SANKSI PIDANA TERHADAP IBU KANDUNG YANG MENGAKIBATKAN MATINYA ANAK (STUDI PUTUSAN NOMOR 47.PID.SUS/2021/ PN.JKT.PST) Kharisma Nabila Sapeva; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.17223

Abstract

This research is about criminal sanctions imposed on biological mothers who act violently against their children by hitting them, resulting in the child's death. By reviewing decision No.47/Pid.Sus/PN.JKT.PST, the formulation of the research problem is whether the judge considers the punishment of the biological mother based on Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 in Decision no. 47/Pid.Sus/2020/Pn.Jkt is in accordance with the theory of the purpose of punishment. This research is of a normative juridical type which is descriptive in nature, through the use of secondary data with qualitative processing and drawing conclusions deductively. The results of his research showed that the judge did not consider the formulation of norms in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 concerning child protection, namely the punishment increased by 1/3 so that the prison sentence for the perpetrator becomes 20 years. The conclusion from this research is that considering the sanctions that the judge imposed for the punishment of the biological mother in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 does not match the theory of the purpose of punishment based on contemporary theory
ANALISIS TINDAK PIDANA PENCABULAN ATAU MEMASUKI RUMAH TANPA IZIN MENURUT KUHP (PUTUSAN NOMOR 137/PID.B/2020/PN RKB) Abiyyu Ghaly; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18552

Abstract

Obscene behavior is a form of crime involving decency and modesty. In this context, the defendant Sukiyono als Yono bin Soekarno was involved in a case of the crime of obscenity, but in decision no 137/Pid.B/2020/PN Rkb, the perpetrator's actions were linked to Article 167 paragraph (1) of the Criminal Code (KUHP) which regulates forcing to enter a house without permission. This study aims to understand the judge's interpretation of the perpetrator's actions, whether as a criminal offense of sexual abuse or as a violation of Article 167 of the Criminal Code, and whether the perpetrator's actions meet the qualifications of the criminal offense of sexual abuse in accordance with Article 289 of the Criminal Code. This research methodology is normative and descriptive using secondary data obtained through literature study. The results show that the perpetrator's actions do not meet the elements in Article 167 (1) of the Criminal Code on forcing to enter a house without permission, so that the perpetrator's actions are more appropriate to be associated with Article 289 of the Criminal Code which regulates the crime of sexual abuse with threats of violence and is subject to criminal sanctions with a maximum imprisonment of nine years.
ANALISIS KEADILAN RESTORATIF DALAM TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA GOLONGAN I (PUTUSAN NOMOR 1129/PID.SUS/2021/PN.JKT.UTR): Analysis Of Restorative Justice In Criminal Act Of Narcotics Abuse Group I (Decision Number 1129/Pid.Sus/2021/Pn.Jkt.Utr) Aprillia Tiara Yunita; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19482

Abstract

The process of resolving criminal cases involving narcotics abuse through rehabilitation is implemented based on the principles of restorative justice, taking into consideration judicial principles such as cost-effectiveness, simplicity, speed. Narcotics abuse is considered a criminal offense requiring specialized handling. This research centers around the application of Restorative Justice in Criminal Cases of Narcotics Abuse in Group I, in accordance with the Narcotics Law. This study adopts a normative research approach utilizing secondary data. The nature of the research is descriptive, with qualitative data analysis and conclusions drawn through deductive reasoning. The research findings reveal that, despite the mandate for rehabilitation stipulated in Law Number 35 of 2009 concerning Narcotics, the practical implementation often deviates from legal provisions. The conclusion is based on Decision Number 1129/Pid.Sus/2021/PN.Jkt.Utr, the Panel of Judges was expected to adjudicate the Defendant for Drug Abuse, thereby warranting their provision of medical treatment, care, and rehabilitation within designated medical and/or social rehabilitation facilities.
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