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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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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 NEGARA INDONESIA DAN NEGARA INGGRIS MENGENAI PERKOSAAN DI BAWAH UMUR Khrisdianto Risyad; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14104

Abstract

Given that children will be the nation's future leaders and heirs, child protection is implemented with this understanding in mind. The prevalence of sexual predators is rising, starting with the lower middle class and moving up to the upper middle class. Law Number 35 of 2014 gives Indonesia the tools to protect children, but is this sufficient? The UK has general provisions in the Penal Code up to provisions in The Sexual Offenses Act 2003 for the protection of children with sexually vulnerable characteristics. Problem formulation; comparing and contrasting the components of underage rape using research techniques from literature research; the type of study employed is normative juridical; with the nature of the research, which involves applying deductive reasoning to generate conclusions from descriptive analytical, primary data, and qualitative data analysis methodologies. In terms of the research's findings, analysis, and conclusion, there are four areas of similarity and ten points of difference, one of which is the absence of a law on sexual violence in Indonesia, which would serve as a vehicle for the nation's future generations' protection.
ANAK PELAKU TINDAK PIDANA PERSETUBUHAN BERDASARKAN UNDANG-UNDANG PERLINDUNGAN ANAK (PUTUSAN No.7/PID.SUS-ANAK/2020/PN.MBN) Nurul Kamila; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15028

Abstract

The crime of child sexual intercourse and abuse is regulated specifically in Law number 35 of 2014 Article 76D concerning Child Protection. It explains that each individual is not justified in committing violence or sending threats of violence and forcing child to have sex with him or with another individual. The research’s problems: is the action of a child who commits crime of intercourse are in accordance with Article 81 (2) of Law number 17 of 2016 concerning Child Protection (Decision No.7/Pid.Sus- Anak/2020/PN.Mbn) and whether the prison sentence imposed on perpetrator meets sentencing requirements in Law number 11 of 2012 concerning Juvenile Criminal Justice System. The research object is decision number 7/Pid.Sus-Anak/2020/PN.Mbn and the research is a normative and descriptive analytical legal research, using secondary data obtain through library research, analyzed qualitatively and conclusions are drawn using inductive method. The research’s conclusions: The actions of child perpetrators in the crime of intercourse are inappropriate if they only use Article 81 (2), but must also be based on Article 81 (1) of Law number 17 of 2016 concerning Child Protection, Punishment of the Child Defendant is in accordance with Law number 11 of 2012 but should not be given additional punishment.
TINJAUAN YURIDIS ANAK KORBAN TINDAK PIDANA PERSETUBUHAN OLEH ORANG TUA (PUTUSAN NO.223/PID.SUS/2020/PN.PTI) Regina Natasya; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15090

Abstract

One of the duties of parents is to protect their children. The state has assured that children's rights are protected under Law Number 17 of 2016. Problem formulation: Based on the analysis of Decision No. 223/Pid.Sus/2020/PN. Pti, is the suspect's behavior in accordance with Article 81 Paragraph 2 of Law Number 35 of 2014 addressing child protection? and what actions should be taken against parents that coerce their children into having sex (Study of Decision Number 223/Pid.Sus/2020/PN.Pti). Normative legal research technique using secondary data from library research and analytical descriptive nature. Qualitative data processing and deductive reasoning are used to reach conclusions. According to the findings of the study, the discussion, and the conclusion that the defendant's actions are improper under Article 81 Paragraph 2 of Law Number 35 of 2014 in conjunction with Law Number 17 year 2016, preferably using Article 81 Paragraph 3, the sentence imposed by law enforcement is made heavier by one-third of the criminal threat made in the study.
TINJAUAN YURIDIS TINDAK PIDANA PENGEROYOKAN SECARA BERSAMA YANG MENGAKIBATKAN LUKA Chantiqa Dwi Ayudhia Chaerunnisa; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15260

Abstract

The defendant in the persecution case named Yayan Sopian bin Tardi has been sentenced proven and convincingly guilty of committing the crime of persecution as stipulated in Article 351 of Criminal Code. Through a brief research by the researcher, there are circumstances and a chronology of events which constitute the crime of beating up which resulted in injuries as stipulated in Article 170 Paragraph (2) 1st of Criminal Code. The formulation of the problems in this research are whether the defendant's actions were in accordance with Article 351 of the Criminal Code (Study of Decision Number 541/Pid.B/2020/PN Bdg) or not and what is the Judge’s Consideration in the Decision Number 541/Pid.B/2020/PN Bdg. This research is a normative and descriptive analytical legal research that use secondary data consisting of primary legal materials and secondary legal materials obtained from literature studies, analyzed qualitatively and the conclusions are drawn by using deductive logic methods. The conclusions from the research are 1) The defendant's actions were not in accordance with Article 351 Paragraph (1) in conjunction with Article 55 of the Criminal Code. 2) The considerations used in Decision Number 541/Pid.B/2020/PN Bdg are only based on artistic approach or intuition and wisdom.
ANALISIS HUKUM MENGENAI PERTANGGUNGJAWABAN KORPORASI DALAM KASUS TINDAK PIDANA KORUPSI DITINJAU DARI TEORI HUKUM PEMBANGUNAN Telaumbanua, Yoses Ondrasi; Multiwijaya, Vientje Ratna; Suar, Apriaman
Ensiklopedia Sosial Review Vol 6, No 2 (2024): Volume 6 No 2 Juni 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v6i2.2408

Abstract

Dalam pelaku kejahatan terhadap perkembangan hukum pidana, tidak hanya dilakukan oleh manusia sebagai subyek hukum, tapi juga dilakukan oleh korporasi. Dan dalam tulisan ini mengkaji tentang bagaimana pertanggungjawaban korporasi dalam kasus korupsi yang ditinjau dari teori hukum pembangunan. Teori pembangunan memandang bahwa bahwa korporasi menjadi sebagai entitas hukum yang dapat dimintakan pertanggungjawaban pidana yang dimana apabila hal ini meliputi tindakan yang dilakukan oleh orang-orang yang memiliki keduduka penting dalam perusahaan. Dan implemetasi pertanggungjawaban korporasi dalam kasus korupsi masih sangat terbatas, namun langkah-langkah yang diambil telah dilakukan beberapa kali melalui dengan penerbitan (PERMA Korporasi). Kata Kunci: Pertanggungjawaban Korporasi, Tindak Pidana Korupsi, Teori Hukum Pembangunan
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 
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