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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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HAK TERSANGKA/TERDAKWA DALAM MEMPEROLEH PERAWATAN MEDIS YANG LAYAK DI INDONESIA DAN BELANDA: The Rights of Suspects/Defendants to Obtain Proper Medical Treatment in Indonesa and The Netherlands Putri Warna Medi Awi; Gandes Candra Kirana
Reformasi Hukum Trisakti Vol 7 No 4 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i4.23562

Abstract

Health is a fundamental human right that must be protected by the state. This presents a significant challenge for countries like Indonesia and the Netherlands in upholding human rights, particularly regarding the provision of proper medical care for suspects/defendants. This study addresses main issue: the regulation of the right of suspects/defendants to receive adequate medical care in Indonesia and the Netherlands.The research aims to identify and analyze the legal framework governing this right. A normative approach with a descriptive-analytical method is used, based on literature review and comparative legal analysis. Data sources include primary and secondary legal materials. The result and the conclusion show that Indonesia regulates this right through the Criminal Procedure Code (KUHAP) and Undang-Undang Nomor 22 of 2022, while the Netherlands addresses it in the Penitentiaire Beginselenwet (Penitentiary Principles Act). Although both countries have legal provisions, they face challenges in implementation, particularly in safeguarding human rights and the presumption of innocence. This research is expected to serve as a reference for strengthening the protection of suspects’/defendants’ rights in Indonesia and to offer insights into international practices.
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.
STUDI KOMPARASI PENGATURAN PEMBUKTIAN PERKARA PIDANA BERDASARKAN SISTEM HUKUM INDONESIA DAN KOREA SELATAN Khairani Catika Juliana; Gandes Candra kirana
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.v5i4.18591

Abstract

Proof is a crucial element in resolving legal issues, undertaken based on the will or desire of the parties involved. Recognizing that Indonesia and South Korea have similar legal systems, there may be differences in their legal regulations, especially regarding the proof of criminal cases. The research problem formulation is: What are the differences and similarities in proving criminal cases in Indonesia and South Korea? And what are the weaknesses and strengths of proving criminal cases in Indonesia and South Korea? The aim of this research is to understand and describe the differences, similarities, weaknesses, and strengths of proving criminal cases in Indonesia and South Korea. This study uses a Comparative method, conducted through a legal comparison between one legal system and another. The research adopts a normative research type, utilizing literature review to describe the research problem. The findings indicate that despite significant differences in the types of evidence between Indonesia and South Korea, they have nearly identical legal systems and share similar strengths and weaknesses. However, in some aspects, Indonesia can adopt certain elements from the South Korean legal system.
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.
EFEKTIVITAS MEKANISME GUGATAN SEDERHANA DALAM PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN BELANDA: The Effectiveness of the Small Claims Mechanism in Resolving Civil Disputes in Indonesia and the Netherlands Hatrik Sadewa Kadhasna Putra; Gandes Candra Kirana
Jurnal Hukum PRIORIS Vol. 13 No. 1 (2025): Jurnal Hukum Prioris Volume 13 Nomor 1 Tahun 2025
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v13i1.24834

Abstract

Civil justice systems in various countries face challenges in providing fast and affordable access to justice. The small claims procedure emerges as a solution to resolve low-value civil disputes efficiently. This article compares the regulation of small claims procedures in Indonesia and the Netherlands. The problem formulation include the similarities and differences, as well as the strengths and weaknesses, of the small claims systems in both countries.  Using a normative juridical method and comparative law approach. The result show that Indonesia limits small claims to cases under IDR 500 million and to simple legal matters, while the Netherlands applies a more flexible system known as kort geding, which has no monetary threshold and allows judges to take a more active role. In conclusion, although both systems aim to expedite dispute resolution, each adopts a different approach based on its respective legal tradition. These findings serve as an evaluative basis for improving the small claims system in Indonesia.
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