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All Journal SIGn Jurnal Hukum Jurist-Diction
Ismail Iskandar
Universitas Hasanuddin
Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Pidana Penjara terhadap Kleptomaniak: Studi Kasus Putusan Pengadilan Syarif Saddam Rivanie; Slamet Sampurno Soewondo; Nur Azisa; Muhammad Topan Abadi; Ismail Iskandar
SIGn Jurnal Hukum Vol 4 No 1: April - September 2022
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i1.169

Abstract

This study aims to examine and analyze the Judge’s application of imprisonment to kleptomaniacs based on Decision No. 574/Pid.B/2019/PN.Dps. This study uses a normative juridical research method. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach and a case approach which will then conclude the object of the research. The results show that the Judge’s application of imprisonment to the accused is based on Decision No. 574/Pid.B/2019/PN.Dps was the right decision. In this case, the problem of kleptomania currently ongoing in court should be proven with a Psychiatric Visum et Repertum. While the Letter of Statement No. 01/II.MR/RSPI/2019 cannot be the basis for the implementation of eliminating punishment. To determine that a person has kleptomania must undergo a process of examination for a minimum of two weeks to three months. Therefore, it is recommended that investigators provide the opportunity or take the initiative to prove the suspect’s mental condition before being processed to the following legal proof stage. So no more accused who prove their status as kleptomaniacs using the letter of statement. The Judge is also recommended to decide by giving measures sanction to the accused if proven to have kleptomania to avoid the recurrence of the crime of theft in the future.
The Concept of Human Rights-Based Criminal Punishment for Children Who Commit Murder Ismail Iskandar; Syamsuddin Muchtar; Hijrah Adyanti Mirzana; Audyna Mayasari Muin; Muhammad Hasrul; Rafika Ramli
Jurist-Diction Vol. 9 No. 1 (2026): Volume 9 No. 1, Januari 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i1.77275

Abstract

Murder committed by children is a serious crime that causes shock in society and poses a challenge to the criminal justice system. In handling such cases, the state is not only obliged to enforce the law and provide justice for the victims, but also to guarantee the protection of the human rights of the child perpetrator, in accordance with the principles of human rights (HAM). This study aims to examine the concept of sentencing children who commit murder using a human rights-based approach. The method employed is normative research, involving an analysis of national legislation, specifically the National Criminal Code and the Child Criminal Justice System Law (UU SPPA), as well as international instruments such as the Convention on the Rights of the Child. The findings indicate that although murder is classified as a serious crime, the approach to sentencing children must uphold the principles of non-discrimination, the best interests of the child, and the right to rehabilitation.
Co-Authors Audyna Mayasari Muin Hasrul, Muhammad Hijrah Adyanti Mirzana Muhammad Topan Abadi Nur Azisa Rafika Ramli Slamet Sampurno Soewondo Syamsuddin Muchtar Syarif Saddam Rivanie