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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 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.
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 Muhajir, Ahmad; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, 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 PERSETUBUHAN DAN PENCABULAN PADA ANAK (PUTUSAN NOMOR 429/PID.SUS/2021/PN.BDG): Crimination Of Persons Of Criminal Actions And Abuse Of Children (Decision Number 429/Pid.Sus/2021/PN.Bdg) Rahul, Muhammad; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19757

Abstract

Punishment of the perpetrators of the crime of intercourse and obscenity against children is imposed by the judge with sanctions on the perpetrators who commit intercourse and obscenity of minors on the basis of article 81 paragraph 1 jo 76 D of Law no. 17 of 2016 concerning the stipulation of the government in lieu of law number 1 of 2016 regarding the second amendment to law number 23 of 2002 concerning child protection into law. With Study Decision Number 429/Pid.Sus/2021/PN.Bdg. In this decision there were things that were contrary to the facts. The main issues are 1) How is the punishment of perpetrators of sexual intercourse and sexual abuse of children appropriate or not based on Article 81 paragraph 1 in conjunction with Article 76 D of Law no. 17 of 2016 (Decision Number 429/Pid.Sus/2021/PN. Bdg)? and 2) Can the actions of the perpetrators of the crime of intercourse and sexual abuse of children be categorized or not as a combined crime (Decision Number 429/Pid.Sus/2021/PN. Bdg)?. This study uses a normative type that is descriptive analysis, uses secondary data obtained from literature studies, and the data is processed qualitatively by drawing deductive logical conclusions. Conclusion 1) the punishment of the perpetrators of the crime of sexual intercourse is inappropriate based on Article 81 paragraph (1) in conjunction with Article 76D of Law No. 17 of 2016, and 2) The actions of the perpetrators of the crime of sexual intercourse and sexual abuse of children are included in the combined category of criminal acts.
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) Sumule, Chandra Dwijaya; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, 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.
SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN DENGAN RENCANA TERLEBIH DAHULU YANG MENGAKIBATKAN KEMATIAN ( PUTUSAN NO. 137 / PID. B / 2021 ): Criminal Sanctions Against People Of Criminal Acts Of Abuse With Preplanning That Result In Death (Rule of No. 137/Pid.B /2021) Hutabarat, Nivi Esther Fitriayu; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19769

Abstract

Maltreatment with premeditation is defined as the intentional infliction of bodily harm with the knowledge that the victim would suffer catastrophic injuries or die as a consequence (Decision of Kotabaru District Court No. 137/PID.B/2022/PN.KTB). The primary questions that arise are as follows: 1) Is it permissible to punish those who commit the crime of abuse with premeditation that results in death in accordance with Article 351 paragraph 3? Decision No. 137 / Pid. B / 2021 / PN.Ktb entails a jail term of 2 years and 6 months; the question is whether or not this term of imprisonment is appropriate given the circumstances of the case. Using secondary data gleaned from extensive library research, this study use descriptive analysis to draw qualitative inferences about the topic at hand. The study's findings are as follows: 1) The criminal consequences applied to those guilty of the Crime of Persecution with Prior Plans that Result in Death based on Article 351, paragraph 3, of the Criminal Code are not acceptable. Two years and six months in jail is insufficient to achieve the goals of reformation, restraint, retribution, and deterrence, as determined by the Panel of Judges, hence a longer sentence is warranted. The study's findings are linked to the 3R + 1D theory of punishment, suggesting that those responsible should be tried under the provisions of Criminal Code Article 353, paragraph 3, for the crime of persecution with premeditation that ends in death.
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) Utami, Putri Rizki; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, 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.
TINDAK PIDANA DENGAN SENGAJA DAN DIRENCANAKAN LEBIH DAHULU MERAMPAS NYAWA ORANG LAIN (PUTUSAN NOMOR 108/PID.B/2021/PN STB): Crime of Intentionally and Premeditatedly Depriving Another Person of Life (Case Number 108/Pid.B/2021/Pn Stb) Tato, Susan Putri Simon; Multiwijaya, Vientje Ratna
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19775

Abstract

The crime of intentionally and premeditatedly seizing the lives of other people is the act of someone who has previously planned to take the lives of others by taking a piece of wood to beat the victim which resulted in the death of the victim in decision number 108/Pid.B/2021/PN .stb . The main issues raised 1.) Was the act of the perpetrator of the crime intentionally and planned beforehand to take the lives of other people right or not according to Article 338 of the Criminal Code?; 2.) How is the punishment for the perpetrators of the crime intentionally and planned beforehand to take the lives of others, is it appropriate or not with the aim of punishment? This study uses a normative research type that is descriptive analysis, using secondary data obtained from a literature study which is processed qualitatively with the conclusion that (1) The actions of the perpetrators of criminal acts deliberately and premeditated to take other people's lives are not appropriate with Article 338 of the Criminal Code. (2) The sentencing of the perpetrators of criminal acts with intention and premeditation to take other people's lives is not appropriate with the aim of sentencing because they are only sentenced to 13 years in prison. The results of the defendant's research are related to the purpose of punishment, namely 3R 1D, in which the perpetrator should be subject to Article 340 of the Criminal Code with a sentence of 20 years in prison.
TANGGUNG JAWAB KORPORASI DALAM KASUS KEBOCORAN DATA SERTA IMPLIKASINYA TERHADAP EKONOMI DIGITAL Santos, Ricardo; Multiwijaya, Vientje Ratna
Ensiklopedia Sosial Review Vol 6, No 3 (2024): Volume 6 No 3 Oktober 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v6i3.1579

Abstract

Abstract: In today's digital era, the protection of personal data has become a crucial issue for companies operating in the technology and e-commerce sectors. The increasing reliance on information technology correlates with a higher risk of data breaches, which can harm individuals and damage corporate reputations. The data breach cases involving Tokopedia and Gojek highlight the serious consequences of inadequate data security systems, raising public doubts about these companies' ability to protect user information. These incidents underscore the importance of corporate criminal liability and the need for a thorough evaluation of existing regulations to ensure more effective consumer protection. This research employs a normative legal approach to analyze legal principles and the synchronization of laws, providing practical implications for the development of a more sustainable and equitable national legal framework. It is hoped that the findings will aid in formulating solutions to address future data breach challenges and strengthen the legal framework for consumer protection in Indonesia.
Implementation of The Rehabilitation Model on Victims of Drug Abuse in The Development of The Legal System in Indonesia Ali Syaifudin, Mohamad; Sulaiman, Abdullah; Multiwijaya, Vientje Ratna
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 2 No. 4 (2023): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v2i4.57

Abstract

Drug abuse is usually initiated by the use of trial and error just following friends to reduce or eliminate pain, fatigue, mental tension, or as entertainment or for association. The problem of differences in perception in the implementation of Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, especially regarding rehabilitation for novice drug users. The purpose of this study is the regulation of the rehabilitation process for novice users or victims of drug abuse and addicts in the Indonesian legal system. The reconstruction of law enforcement in legal cases against novice users, addicts and drug abusers at this time, an ideal model for the concept of drug rehabilitation in the development of the Indonesian legal system. Using empirical legal research where a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The results of the study include the regulation of the rehabilitation process for novice users or victims of drug abuse and addicts in the Indonesian legal system, it is hoped that there will be legal reform in the Indonesian legal system where legal reform according to the author is a comprehensive and multidimensional handling effort in order to achieve maximum results, and eradication efforts must be carried out gradually, consistently, and continuously. Law enforcement reconstruction in legal cases against novice users, addicts and drug abusers at this time there is still a gap in the legal process in law enforcement in narcotics crimes, law enforcement officials, especially the Police in the assessment process against perpetrators of drug abuse, should not distinguish the social status of perpetrators who will carry out integrated assessments or examinations in terms of knowing the perpetrators as users or dealers Narcotics, according to the author, drug addicts are not real drug offenders but dealers who should be eradicated because they are the real perpetrators of crimes in narcotics because if drug addicts are not given rehabilitation forever the addict will continue to be victims of drug dependence. The ideal model for the concept of narcotics rehabilitation in the development of the Indonesian legal system is expected to have legal synchronization between 3 (three) law enforcement elements, namely the Police, the Prosecutor's Office and the Panel of Judges in the Court handling narcotics abuse cases requiring making primary or primary charges with Article 127 of the Narcotics Law. Suggestions include
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