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All Journal Ensiklopedia Social Review Interdisciplinary Social Studies Hukum Pidana dan Pembangunan Hukum Reformasi Hukum Trisakti INJURITY: Journal of Interdisciplinary Studies Amicus Curiae
Vientje Ratna Multiwijaya
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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PERBANDINGAN HUKUM TINDAK PIDANA PERKOSAAN BERDASARKAN PASAL 285 DAN 286 KUHP INDONESIA DENGAN ARTICLE 177 DAN 178 PENAL CODE OF JAPAN (ACT NO. 45 OF 1907): Comparison of Rape of ense Based on Article 285 and 286 of the Indonesia Penal Code with Article 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907) Monica Dwi Anny Puspitasari; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19587

Abstract

Comparative Criminal Law is a way to compare the similarities and dif erences based on the  arrangements and elements of the crime of rape in both Indonesia and Japan. The main issues are (1)  How is the regulation of the crime of rape according to Articles 285 and 286 of the Indonesian Criminal  Code with Articles 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907)? and (2) What are thesimilarities and dif erencesin the elements of the crime of rape according to Articles 285 and 286 of the IndonesianCriminal Code and Articles 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907)?This study uses a comparative normative research method that is descriptive analysis in nature, using secondary data obtained from a literature study which is processed qualitatively with the conclusions that are (1) Regulations in Japan according to Articles 177 and 178 are only limited to crimes against  decency, rape andbigamy while regulation in Indonesia is divided into attacking              obscenity, and traf icking of women and children. (2) There are similarities in the two arrangements, namely that they are formal of enses, elements of violence and threats of violence, there are criminalthreats and both arrangements are forms of crime. Thedif erence can be seen from the legal system, subject and object of rape, criminal sanctions, duration of criminalsanctions, and limitations of objects of rape. The results of his research show that regulations in Indonesia are considered to be far more complete and extensive regarding crimes against decency and are not limited to certainmatters, and to be able to provide a deterrent ef ect on perpetrators of rape, attentioncan be paid to punishment based onthe Law on Sexual Violence 
PERTANGGUNGJAWABAN PIDANA PELAKU PEMALSUAN SURAT DAN PENCURIAN KONTENER DENGAN PEMBERATAN DI JAKARTA UTARA: Criminal Accountability for Forger of Ketter and Container Theft With Weight in North Jakarta Pandya Dimas Prasetyo; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19589

Abstract

The criminal responsibility of the perpetrators of the crime of theft which began with falsifying a letter resulted in a loss of Rp. 40,000,000.00 to the victim, but in fact the judge's decision was not satisfactory because it only used Article 363 paragraph 1 4 of the Criminal Code as illustrated in the Decision of the Central Jakarta District Court No. . 113/Pid.B/2022/PN Jkt Utr. The main issue raised is How is the criminal responsibility of the perpetrator, is it appropriate based on Article 363 paragraph 1 4 of the Criminal Code? and Is the perpetrator's actions included in the combination of criminal acts? This study uses a Normative Juridical research method which is Analytical Descriptive in nature by using Secondary Data obtained from literature studies which are then processed qualitatively. Deductive conclusions are in the form of (1) The perpetrator's liability is not appropriate if only using Article 363 paragraph 1 to 4 singly because it also fulfills the formulation of Article 263 paragraph 1 of the Criminal Code and the perpetrator's actions are included in a combination of criminal acts, namely Continuing Actions resulting in inappropriate perpetrator accountability if only subject to Article 363 paragraph 1 to - 4, but he should also be subject to Article 263 paragraph 1 of the Criminal Code concerning Forgery of Letters, besides that his actions are included in a combination of criminal acts, namely Vorgezette Handelling with sharpened punishment in order to achieve contemporary criminal purposes and goals 3R +1D.
SANKSI PIDANA PELAKU PENCABULAN TERHADAP ANAK YANG DILAKUKAN ANGGOTA KELUARGA (PUTUSAN NOMOR 1162/PID.B/2021/PN.BDG): Criminal Sanction for Child Abuse Performed by Family Members (Decision Number 1162/Pid.B/2021/PN.Bdg) Syilvia Widyastuti; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19599

Abstract

The crime of child molestation is the act of someone who has a family relationship or the uncle of the victim's mother, by rubbing his genitals against the victim's vagina and rectum until sperm is released. As for Decision Number 1162/Pid.B/2021/PN.Bdg. The essence of the issues raised are, 1) Is the act of perpetrators of sexual abuse of children committed by family members appropriate or not based on Article 82 paragraph (1) in conjunction with Article 76E of Law Number 35 of 2014? 2) Is the criminal sanction of molestation of a child committed by a family member being terminated for 5 years, is it appropriate or not with the aim of punishment? This research uses normative research type and is analytical descriptive in nature, uses secondary data obtained through literature studies and is analyzed qualitatively by using deductive logical conclusions. The conclusions of this writing are, 1) The acts of perpetrators of molestation against children by family members are not appropriate based on Article 82 paragraph (1) in conjunction with Article 76E of Law Number 35 of 2014. The criminal sanction of molestation of children by family members is terminated for 5 years is not appropriate with the aim punishment. The research results of the perpetrators are related to the purpose of punishment, so the perpetrators should be subject to Article 82 paragraph (2) in conjunction with Article 76E of Law Number 17 of 2016.
PERTANGGUNGJAWABAN TINDAK PIDANA TERHADAP PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN PUTUSAN NOMOR 45/PID.B/2021/PNSIM : Accountability For The Persons of The Criminal Action of Attempted Murder Decision Number 45/PID.B/2021/PN.Sim Sabila Ridwan; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19604

Abstract

Criminal responsibility for attempted murder is the ability legally to be accountable for their actions and to be aware that what they did was a violation. The perpetrator swung the machete, kicked and choked the victim but the execution was not completed because the perpetrator's mother came and pulled the perpetrator's hand from the victim's neck. The problems in this research are 1). Is the responsibility of the perpetrators of the attempted murder appropriate according to Article 351 paragraph (1) of the Criminal Code? and 2). Is the Judge's Decision Number 45/Pid.B/2021/PNSim which imposes a 2-year sentence on the perpetrator in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials and secondary legal materials by collecting data from literature studies which were analyzed qualitatively and drawing conclusions using deductive logic. The conclusions from this study are (1). The criminal responsibility for the perpetrators of the attempted murder is not appropriate according to Article 351 paragraph (1) of the Criminal Code (2). The decision of the Panel of Judges Number 45/Pid.B/2021/PNSim for the perpetrators is not yet 2 years in prison according to the theory of sentencing purposes. The results of the research are related to the theory of sentencing purposes, so it should be subject to Article 338 in conjunction with Article 53 paragraph (1) of the Criminal Code with a sentence of 10 years in prison.
PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA TANPA HAK MENDISTRIBUSIKAN GAMBAR PORNOGRAFI DISERTAI PEMERASAN: Conviction of Criminal Offenders Without The Right To Distribute Pornographic Images Accompanied by Extortion Ahmad Muhajir; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19738

Abstract

Punishment of Perpetrators of Crimes Without the Right to Distribute Pornographic Images accompanied by Extortion with the study of decision number 619/Pid.Sus/2021/PN Jkt.Sel. The main issues are 1) How is the sentence of the judge in decision number 619/Pid.Sus/2021/PN Jkt.Sel appropriate or not based on Article 27 (4) jo. Article 45 (4) of electronic information and transaction law? 2) Are the criminal sanctions against the perpetrators in decision number 619/Pid.Sus/2021/PN Jkt.Sel in accordance with the purpose of punishment? This study uses a normative research type that is descriptive using secondary data which is analyzed qualitatively by drawing deductive conclusions. The conclusions of the study are 1) Judge conviction in decision number 619/Pid.Sus/2021/PN Jkt.Sel based on Article 27 (4) jo. Article 45 (4) of electronic information and transaction law is incorrect. 2) The criminal sanction against the perpetrator in decision number 619/Pid.Sus/2021/PN Jkt.Sel is not in accordance with the purpose of sentencing. The results of this study are related to legal facts and criminal purposes 3R and 1D, so the perpetrator should be subject to Article 27 (4) jo. Article 45 (4) of the electronic information and transaction law jo. Article 368 of the Criminal Code with 6 years in prison
PEMIDANAAN PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN DENGAN RENCANA LEBIH DAHULU (PUTUSAN NOMOR. 214/Pid.B/2021/PN Pkb): Criminal of the Criminal of Attempted Murder with Previous Plan (Decision Number 214/Pid.B/2021/PN Pkb) Chandra Dwijaya Sumule; Vientje Ratna Multiwidjaja
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19765

Abstract

The conviction of the defendant for attempted murder with premeditation is a punishment for the actions of the suspect who was emotional because he was ridiculed by the victim and intended to kill the victim then took a knife into the suspect's boat and stabbed the victim in the neck and then it was not finished because at that time someone flashed a flashlight towards the suspect so the suspect ran away , Based on the study of the decision number 214/Pid.b/PN Pkb. The problems in this study are (1) How is the punishment for the perpetrators of attempted murder with advance planning appropriate based on Article 338 in conjunction with Article 53 of the Criminal Code? and (2) Is the sentence imposed by the judge in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials, secondary by collecting data from literature studies which are analyzed qualitatively and drawing conclusions using deductive logic. The conclusions of this study are (1) The conviction of the perpetrators of attempted murder with prior planning is not appropriate based on Article 338 jo 53 of the Criminal Code and (2) The conviction by the judge is not in accordance with the purpose of sentencing. The results of this study are related to the facts of the trial and the purpose of the 3R+1D punishment and 13.4 years imprisonment, so the perpetrators should be subject to Article 340 in conjunction with 53 of the Criminal Code.
RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN (STUDI PUTUSAN NO. 63/PID.B/2021/PN.SKM): Restorative Justice Towards The Prepetrator Of Persecution (Study Of Decision No. 63/Pid.B/2021/Pn.Skm) Putri Rizki Utami; Vientje Ratna Multiwijaya
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19770

Abstract

Restorative Justice is an effort to resolve criminal acts by bringing together both parties to find a fair solution. The use of Restorative Justice by the judge against the perpetrators of the criminal act of persecution in this case is not appropriate, because peace has been made outside the court and there is no determination of the judge in advance. The subject matter raised based on Decision Number 63/Pid.B/2021/PN. Skm is whether restorative justice against perpetrators of criminal acts of persecution based on Article 351 paragraph (1) of the Criminal Code is considered appropriate or not? (Decision No. 63/Pid.B/2021/PN. Skm) and; Are criminal sanctions in the form of release from lawsuits in accordance with the purpose of prosecution? (Decision No. 63/Pid.B/2021/PN. Skm). This study used a normative research method known as descriptive analysis, which relied on secondary data collected through literature review and analyzed qualitatively to reach the following conclusions: (1) Restorative Justice shall not be applied to those responsible for the crime of persecution under Article 351 paragraph (1) of the Criminal Code. (2) Criminal sanctions in the form of release from lawsuits are not in accordance with the purpose of prosecution. The results of the study associated with the implementation of restorative justice stated that there must be an out-of-court determination first and based on the purpose of 3R + 1D prosecution, the defendant should be a subject to prosecution based on Article 351 paragraph (1) concerning persecution.
PERBANDINGAN HUKUM TINDAK PIDANA PERKOSAAN BERDASARKAN PASAL 285 DAN 286 KUHP INDONESIA DENGAN ARTICLE 177 DAN 178 PENAL CODE OF JAPAN (ACT NO. 45 OF 1907): Comparison of Rape of ense Based on Article 285 and 286 of the Indonesia Penal Code with Article 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907) Puspitasari, Monica Dwi Anny; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19587

Abstract

Comparative Criminal Law is a way to compare the similarities and dif erences based on the  arrangements and elements of the crime of rape in both Indonesia and Japan. The main issues are (1)  How is the regulation of the crime of rape according to Articles 285 and 286 of the Indonesian Criminal  Code with Articles 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907)? and (2) What are thesimilarities and dif erencesin the elements of the crime of rape according to Articles 285 and 286 of the IndonesianCriminal Code and Articles 177 and 178 of the Penal Code of Japan (Act No. 45 of 1907)?This study uses a comparative normative research method that is descriptive analysis in nature, using secondary data obtained from a literature study which is processed qualitatively with the conclusions that are (1) Regulations in Japan according to Articles 177 and 178 are only limited to crimes against  decency, rape andbigamy while regulation in Indonesia is divided into attacking              obscenity, and traf icking of women and children. (2) There are similarities in the two arrangements, namely that they are formal of enses, elements of violence and threats of violence, there are criminalthreats and both arrangements are forms of crime. Thedif erence can be seen from the legal system, subject and object of rape, criminal sanctions, duration of criminalsanctions, and limitations of objects of rape. The results of his research show that regulations in Indonesia are considered to be far more complete and extensive regarding crimes against decency and are not limited to certainmatters, and to be able to provide a deterrent ef ect on perpetrators of rape, attentioncan be paid to punishment based onthe Law on Sexual Violence 
PERTANGGUNGJAWABAN PIDANA PELAKU PEMALSUAN SURAT DAN PENCURIAN KONTENER DENGAN PEMBERATAN DI JAKARTA UTARA: Criminal Accountability for Forger of Ketter and Container Theft With Weight in North Jakarta Prasetyo, Pandya Dimas; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19589

Abstract

The criminal responsibility of the perpetrators of the crime of theft which began with falsifying a letter resulted in a loss of Rp. 40,000,000.00 to the victim, but in fact the judge's decision was not satisfactory because it only used Article 363 paragraph 1 4 of the Criminal Code as illustrated in the Decision of the Central Jakarta District Court No. . 113/Pid.B/2022/PN Jkt Utr. The main issue raised is How is the criminal responsibility of the perpetrator, is it appropriate based on Article 363 paragraph 1 4 of the Criminal Code? and Is the perpetrator's actions included in the combination of criminal acts? This study uses a Normative Juridical research method which is Analytical Descriptive in nature by using Secondary Data obtained from literature studies which are then processed qualitatively. Deductive conclusions are in the form of (1) The perpetrator's liability is not appropriate if only using Article 363 paragraph 1 to 4 singly because it also fulfills the formulation of Article 263 paragraph 1 of the Criminal Code and the perpetrator's actions are included in a combination of criminal acts, namely Continuing Actions resulting in inappropriate perpetrator accountability if only subject to Article 363 paragraph 1 to - 4, but he should also be subject to Article 263 paragraph 1 of the Criminal Code concerning Forgery of Letters, besides that his actions are included in a combination of criminal acts, namely Vorgezette Handelling with sharpened punishment in order to achieve contemporary criminal purposes and goals 3R +1D.
PERTANGGUNGJAWABAN TINDAK PIDANA TERHADAP PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN PUTUSAN NOMOR 45/PID.B/2021/PNSIM : Accountability For The Persons of The Criminal Action of Attempted Murder Decision Number 45/PID.B/2021/PN.Sim Ridwan, Sabila; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19604

Abstract

Criminal responsibility for attempted murder is the ability legally to be accountable for their actions and to be aware that what they did was a violation. The perpetrator swung the machete, kicked and choked the victim but the execution was not completed because the perpetrator's mother came and pulled the perpetrator's hand from the victim's neck. The problems in this research are 1). Is the responsibility of the perpetrators of the attempted murder appropriate according to Article 351 paragraph (1) of the Criminal Code? and 2). Is the Judge's Decision Number 45/Pid.B/2021/PNSim which imposes a 2-year sentence on the perpetrator in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials and secondary legal materials by collecting data from literature studies which were analyzed qualitatively and drawing conclusions using deductive logic. The conclusions from this study are (1). The criminal responsibility for the perpetrators of the attempted murder is not appropriate according to Article 351 paragraph (1) of the Criminal Code (2). The decision of the Panel of Judges Number 45/Pid.B/2021/PNSim for the perpetrators is not yet 2 years in prison according to the theory of sentencing purposes. The results of the research are related to the theory of sentencing purposes, so it should be subject to Article 338 in conjunction with Article 53 paragraph (1) of the Criminal Code with a sentence of 10 years in prison.
Co-Authors Ahmad Muhajir Ahmad Muhajir, Ahmad Ali Syaifudin, Mohamad Chandra Dwijaya Sumule Chantiqa Dwi Ayudhia Chaerunnisa Daffa Fauzan Wanutama Dharmaningtyas, Nurul 'Arifah Hutabarat, Nivi Esther Fitriayu Khrisdianto Risyad Monica Dwi Anny Puspitasari Muhammad Ilhamsyah Putra Muhammad Ilhamsyah Putra Mychael Haris P Sidabutar Nurul 'Arifah Dharmaningtyas Nurul Kamila Pandya Dimas Prasetyo Prasetyo, Pandya Dimas Puspitasari, Monica Dwi Anny Putri Rizki Utami Rahul, Muhammad Regina Natasya Ridwan, Sabila Sabila Ridwan Santos, Ricardo Suar, Apriaman Sulaiman, Abdulah Sulaiman, Abdullah Sumule, Chandra Dwijaya Syilvia Widyastuti Tato, Susan Putri Simon Telaumbanua, Yoses Ondrasi Utami, Putri Rizki Warsito Warsito