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TINDAK PIDANA KEKERASAN FISIK MENGAKIBATKAN KEMATIAN DALAM LINGKUP RUMAH TANGGA (PUTUSAN NO.27/PID.B/2021/PN.TRT) Dharmaningtyas, Nurul 'Arifah; Multiwijaya, Vientje Ratna
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15027

Abstract

Criminal acts regarding a violence or abuse in a household matters are included in 2 (two) laws, which is the Criminal Code which has a public characteristic and Law number 23 of 2004 that has a specific characteristic. The main research’s problem are: whether the Defendant's actions is in accordance with Article 354 paragraph (2) in conjunction with Article 356 1 of the Criminal Code (Decision Number 27/Pid.B/2021/PN.Trt) and the punishment of the perpetrators of physical violence that resulting in death within the household (Decision Number 27/Pid.B/2021/PN.Trt). The research conducted in normative and descriptive analytical legal research, using secondary data obtain through library research. The data is analyzed qualitatively and the conclusions are drawn using deductive method. The actions of the perpetrator in this case constituted an act of physical violence resulting in death within the household that is in accordance with Article 44 paragraph (3) of Law no. 23 of 2004. The sentencing of the perpetrators is in accordance with sentencing theories.
TINDAK PIDANA DENGAN SENGAJA DAN DIRENCANAKAN LEBIH DAHULU MENGHILANGKAN NYAWA ORANG LAIN Muhammad Ilhamsyah Putra; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16432

Abstract

Humica Tambunan, the defendant, and Muhammad Iqbal, the victim, committed the premeditated murder offense. After becoming enraged with the victim for using his money, the defendant hit him in the back of the head with a piece of wood from his chamber. The victim was then crushed in the face by a mattress till he died. The issue is whether the defendant's intentional and premeditated killing of another person satisfies the requirements of Article 338 of the Criminal Code, and whether or not a 9-year prison sentence was properly imposed by the judge in light of this conviction. The normative research approach is descriptive, gathering evidence through literature analysis, and analyzing qualitatively by coming to deductive conclusions. Research findings and discussion; with the element of premeditation, a term of imprisonment for 20 years under Article 340 of the Criminal Code is more suitable because it was done on purpose and with advance planning. Conclusion of the study; 20-year prison sentence for the offender in violation of Article 340 of the Criminal Code.
PEMIDANAAN TERHADAP GABUNGAN TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN MATI DAN MENYEMBUNYIKAN KEMATIAN (STUDI KASUS PUTUSAN NOMOR 52/PID.B/2021/PN. MSH) Mychael Haris P Sidabutar; Vientje Ratna Multiwijaya
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.v5i4.18454

Abstract

Defendant's act of abusing the victim who did not heed the defendant's prohibition not to bathe at night, which made the defendant angry and abused the victim repeatedly, causing the victim to die and his body to be taken away. to the beach to be hidden as in Decision Number 52/Pid.B/PN. Msh. The formulation of the problem is whether the actions of the perpetrator of the crime of abuse and concealing the death of a person are in accordance with Article 338 in conjunction with Article 181 of the Criminal Code and what form the combination of criminal acts committed by the perpetrator takes. This research uses a descriptive normative type with secondary data obtained from literature study. The analysis used is qualitative by drawing deductive conclusions. The results of the research and discussion of the defendant's actions were inappropriate based on 338 of the Criminal Code in conjunction with 181 of the Criminal Code, because the perpetrator's actions did not directly result in the perpetrator's death.  The conclusion of this research is that the combined form of criminal acts committed by the perpetrator is a continuous act based on Article 64 paragraph (1) of the Criminal Code.
TINDAK PIDANA PENGANIAYAAN YANG DIRENCANAKAN MENGAKIBATKAN LUKA BERAT: The Planned Criminal Act of Assault Resulted in Serious Injury Daffa Fauzan Wanutama; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19507

Abstract

There have been cases of abuse that resulted in serious injuries to the victim, a stabbing that effects the chest can cause death and this act carried out with prior planning by the defendant Andes with took a pair of scissors from inside his house then chased the victim and stabbed him with the scissors. Through a case study of Decision No. 236/Pid.B/2020/PN Tbk, then the problem formulation that the author can put forward in the research, namely whether the perpetrator of the criminal act of abuse was commited planned to cause serious injury is appropriate based on Article 351 paragraph (2) Criminal Code. This research uses a normative juridical type of research analytical descriptive, using types of secondary data obtained through study literature and processed qualitatively then draw conclusions deductively. The research concludes that the perpetrator's act of planned maltreatment causing serious injury isn't suitable under Article 351 paragraph (2) of the Criminal Code. Given the premeditation involved, Article 353 paragraph (2) of the Criminal Code is more fitting. The conclusion is that the verdict's punishment imposition is inappropriate.
Legal Consideration, Death Penalty in the Perspective of Criminal Law and Buddhism in Indonesia Warsito, Warsito; Sulaiman, Abdulah; Multiwijaya, Vientje Ratna
Interdisciplinary Social Studies Vol. 2 No. 2 (2022): Regular Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v2i2.337

Abstract

Background: Uncertainty is being raised by Indonesia's discussion of the death penalty. The 2007 Constitutional Court ruling had a beneficial effect on society. The death penalty is being opposed more and more, particularly in European nations. Aim: The research aims to analyze legal consideration, death penalty in the perspective of criminal law and Buddhism in Indonesia. Method: The research makes use of a content analysis of the literature. Comparative law, legal history, legal theory, and legal principles are all included in the normative research. Findings: Buddhism's first and second stanzas of the Tipitaka, Dhammapada, and Danda Vaga Chapter X, p. 57, discuss the idea of punishment: Everyone dreads being punished and everyone dreads dying. One should not kill or commit murder after comparing oneself to others. Everyone values life and is afraid of punishment. One should not kill or commit murder after comparing oneself to others. The Dalai Lama, a well-known international figure, has also said that while life in prison is the best option from a humanitarian standpoint, the death penalty is the hardest punishment.
TINDAK PIDANA PENCUCIAN UANG OLEH PELAKU KORPORASI DITINJAU DARI ASAS KEADILAN (PUTUSAN NOMOR 75/PID.SUSTPK/2022/PN JKT PST, PUTUSAN NOMOR 24/PID.SUS-TPK/2023/PN JKT.PST DAN PUTUSAN NOMOR 12/PID.SUS-TPK/2023/PN SRG) Silean, Yosua; Wahid, Eriyantouw; Multiwijaya, Vientje Ratna
Ensiklopedia of Journal Vol 8, No 1 (2025): Vol. 8 No. 1 Edisi 3 Oktober 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v8i1.3559

Abstract

 The crime of money laundering is a process or act that aims to hide or disguise the origin of money or assets, obtained from the proceeds of a crime which are then converted into assets that appear to come from legitimate activities. This means that the money that is hidden is actually obtained illegally by carrying out actions that are also against the law, but is attempted in such a way that the source of the money appears to come from legitimate actions and is justified by law. Decision Number 12/Pid.SusTPK/2023/PN Srg DENI EDI RISYADI as a Civil Servant or State Administrator as a NonPermanent Employee at the Lebak Regency Land Office based on the Decree of the Head of the Lebak Regency Land Office committed a crime of corruption carried out jointly and a crime of money laundering. The responsibility of the perpetrator of the crime of money laundering originating from the proceeds of the crime of CORRUPTION as referred to in Article 1 number (9) of Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering is every person and corporation. The basis for the judge's considerations in sentencing the perpetrator of the crime of money laundering is by considering the legal facts revealed in the trial and must have strong considerations in handing down a sentence that can have a deterrent effect on the defendant. Keywords: Criminal Acts, Money Laundering, Corporations, Corporate Actors. 
PELAKU TINDAK PIDANA PEMERKOSAAN DENGAN KORBAN PENYANDANG DISABILITAS: Legal Review Of Perpetrators Of The Criminal Act Of Rape With Victims With Disabilities Ayudia Farrasheniya; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 8 No 1 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25278

Abstract

Legal review of perpetrators of rape crimes with victims with disabilities in Court Decision Number 67/Pid.Sus/2025/PN.Lbb. The legal issues addressed are the conformity of imposed sanctions with Article 15 paragraph (1) letter h of Law Number 12 of 2022. The research employs a normative approach with descriptive characteristics through case study analysis, examining primary legal materials including statutory regulations and court decisions, along with secondary legal materials. Research findings indicate that the sanctions imposed in the decision have not fully complied with the provisions for sentencing enhancement as regulated in Law Number 12 of 2022, as the judge only applied Article 285 of the Criminal Code without considering special enhancement for victims with disabilities. In conclusion, the application of sanctions has not been optimal in providing legal protection for persons with disabilities and does not fully reflect comprehensive punishment objectives. Judicial prudence is required in considering victim vulnerability aspects to impose fair and proportional sanctions