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All Journal Ensiklopedia of 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
Arts Humanities Computer Science & IT 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 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
KATEGORI GABUNGAN TINDAK PIDANA PADA PERKARA PENAMBANGAN LIAR DALAM KAWASAN HUTAN PRODUKSI: The Combined Classification of Illegal Mining Crimes in Production Forest Areas The Category Of Cumulative Criminal Acts In Illegal Mining Cases In Production Forest Areas Alicia Aline Rhegita; Vientje Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 8 No 2 (2026): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v8i1.25258

Abstract

Illegal mining in production forest areas is an illegal act that has a serious impact on environmental sustainability and forest governance. The problem becomes complex when a series of illegal mining acts meet the elements of more than one criminal provision, thus raising the issue of the cumulative category of criminal acts. The formulation of the problem in this study is how the form or category of cumulative criminal acts committed by the perpetrators in the case of illegal mining in the production forest area was decided in the Kendari District Court Decision Number 496/Pid.Sus/2022/PN. Kdi. The research method used is normative legal research with an analytical descriptive nature, using secondary data in the form of primary legal materials and secondary legal materials, which are analyzed qualitatively by drawing deductive conclusions. The results of the study show that the Defendant's actions meet the cumulatived category of criminal acts in the form of concursus realist that applies a penal system with a cumulative stelsel. The implementation of the penal system is very important to reflect the seriousness of the act and strengthen legal protection of production forest areas from illegal mining practices.
Implementation of The Rehabilitation Model on Victims of Drug Abuse in The Development of The Legal System in Indonesia Mohamad Ali Syaifudin; Abdullah Sulaiman; Vientje Ratna Multiwijaya
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 Abdullah Sulaiman Ahmad Muhajir Ahmad Muhajir, Ahmad Alicia Aline Rhegita Ayudia Farrasheniya Chandra Dwijaya Sumule Chantiqa Dwi Ayudhia Chaerunnisa Daffa Fauzan Wanutama Dharmaningtyas, Nurul 'Arifah Eriyantouw Wahid Hutabarat, Nivi Esther Fitriayu Khrisdianto Risyad Mohamad Ali Syaifudin 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 Silean, Yosua Suar, Apriaman Sulaiman, Abdulah Sumule, Chandra Dwijaya Syilvia Widyastuti Tato, Susan Putri Simon Telaumbanua, Yoses Ondrasi Utami, Putri Rizki Warsito Warsito