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All Journal Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Gandes Candra Kirana
Fakultas Hukum Universitas Trisakti
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

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PERBANDINGAN HUKUM PENGATURAN PIDANA MATI DAN EKSEKUSINYA INDONESIA DENGAN JEPANG: Comparison of Legal Regulation and Execution of the Death Penalty: Indonesia and Japan Winahyu Try Suryandary; Gandes Candra Kirana
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.v2i3.24303

Abstract

The death penalty is one of the oldest forms of punishment recognized in both oral and written law and is still applied in Indonesia. This research aims to compare the regulation and implementation of the death penalty in Indonesia and Japan. This study identifies the problem concerning the similarities and differences in the legal framework and execution methods, as well as the strengths and weaknesses of each country’s approach. This research uses a normative-descriptive method with secondary data through literature study analyzed qualitatively. In Indonesia, the death penalty is regulated in the Criminal Code (KUHP) and other criminal laws, while its implementation refers to Law No. 2/PNPS/1964 and the Chief of Police Decree No. 12 of 2010. Its strength lies in the comprehensive legal basis in both substantive and procedural law, with execution carried out by a firing squad. Its weakness is the inconsistency of law enforcement despite the clear rules. In Japan, the death penalty is regulated in the Criminal Code and Criminal Procedure Code. Public support and the perception that capital punishment deters serious crimes are its strengths. However, the main weakness lies in its method of hanging, with the research findings and conclusion showing that each country reflects different social and political values in their approach.
ANALISIS KOMPETENSI ABSOLUT PERKARA PERCERAIAN PERALIHAN AGAMA (STUDI PUTUSAN NOMOR 2/PDT.G/2015/PN SNT): Absolute Competency Analysis Of The Case Divorce Transfer Of Religion (Study Decision Number 2/Pdt.G/2015/Pn Snt) Karin Marcheni; Gandes Candra Kirana
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24738

Abstract

Over time, not all marriages remain harmonious, and the bond of marriage can encounter various issues that may lead to its dissolution through divorce. One such issue is the conversion of religion by one of the spouses. Identification problem of this research the regulations regarding the absolute competence in divorce cases due to religious conversion in Indonesia and to assess whether the judge's decision in case Number 2/Pdt.G/2015/PN Snt aligns with the applicable laws and regulations. The research employs a normative juridical method by analyzing secondary data. This descriptive study outlines the regulations related to the resolution of divorce cases due to religious conversion and analyzes the judge's decision in case Number 02/Pdt.G/2015/PN Snt to ensure its compliance with existing laws. The research result and conclusion; based on Jurisprudence of the Supreme Court Decision Number 726 K/Sip/1976, the District Court has the authority to adjudicate this case, as the applicable law in resolving divorce disputes due to religious conversion is based on the law in effect at the time of marriage. The District Court retains the authority to examine, adjudicate, and decide divorce cases involving religious conversion, even if the plaintiff is a Muslim.
Co-Authors Adji Sitti Laila Salsabila Dyah Setyorini Fernanda Mangalik Hatrik Sadewa Kadhasna Putra Karin Marcheni Khairani Catika Juliana Muhammad Rayhan Adevan Putri Warna Medi Awi Raisha Arprilia Sendi Ramadhan Mustofa Stella Maris Widiana Kalumata Winahyu Try Suryandary Zefanya Christina Iustitia