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Patahillah Asba
Fakultas Hukum Institut Ilmu Sosial Dan Bisnis Andi Sapada
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Menggugat Keberanian: Tindak Pidana Kekerasan Dalam Rumah Tangga dalam Tinjauan Yuridis Darlia Darlia; Patahillah Asba; Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze the Judge's Legal Considerations in Decision Number: 89/Pid.Sus/2021/PN.Sdr and the application of the Material Criminal Law in the case. This study uses normative law research methods, which focus on theoretical analysis and deductive logic. The results of the study show that the application of criminal law to domestic violence by husbands against wives is in accordance with Pasal 44 Ayat (1) Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga. The judge considers the fulfillment of the elements in the article based on the facts revealed during the trial. The defendant was sentenced to five months in prison and was required to pay a case fee of five thousand rupiah. In making a decision, the judge considers the prosecutor's demands, evidence, testimony, and aggravating and mitigating circumstances, without any justifying reason to acquit the defendant of guilt.
Kajian Yuridis Multidimensi: Mengatasi Tantangan Eksploitasi Anak dan Mengembangkan Solusi Hukum Adaptif Muh. Farhan Mushsinulkhair FR; Muhammad Sabir Rahman; Patahillah Asba; Muhammad Darwis
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The results of the study showed that the factors that led to the exploitation of children in Parepare City were economic, low education from parents, and lack of education related to exploitation issues, which caused parents not to know that if a minor was employed it would already be included in the realm of a crime even though it was their child, and another factor was the general public's lack of awareness in reporting child exploitation. 35 of 2014 concerning Child Protection which reads "Everyone who violates the provisions referred to in article 76I, shall be punished with imprisonment for a maximum of 10 (ten) years and/or a fine of up to Rp. 2000.000.000.00, (Two Hundred Million Rupiah).
Co-Authors Andi Andra Susastra Andi Suhartini Bakhtiar Tijjang Darlia Darlia Herman Balla Herman Herman Ismail Candra Johamran Pransisto Khaerul Mannan Lia Trizza Firgita Adhilia Moch. Alfatah Alti Putra Muh Rusli Muh. Farhan Mushsinulkhair FR Muh. Naim Muh. Nur Iksan Muhammad Darwis Muhammad Jasman Muhammad Sabir Rahman Saputra, Iswandy Rani Suardi Suardi Surya Anggraeni