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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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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.
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