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All Journal Reformasi Hukum Trisakti Amicus Curiae
Vience Ratna Multiwijaya
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Law, Crime, Criminology & Criminal Justice

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Journal : Amicus Curiae

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TINDAK PIDANA MELAKUKAN PERSETUBUHAN DENGAN SENGAJA PADA ANAK (PUTUSAN NOMOR 410/PID.SUS/2022/PN.JKT.TIM): The Crime of Intentional Contract With A Child (Verdict Number 410/Pid.Sus/2022/PN.Jkt.Tim) Cindy Hardiyanti Wibowo; Vience Ratna Multiwijaya
AMICUS CURIAE Vol. 2 No. 3 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i3.24275

Abstract

The crime of committing intercourse intentionally on children is an act committed by an adult male with a girl aged 14 (fourteen) years, and by the judge decided based on Article 81 paragraph (2) jo Article 76 D of Law Number 35 Year 2014 Study of Decision Number 410/Pid.Sus/2022/PN.JKT. The team with the subject matter appointed is: whether the application of criminal imposition by the judge is appropriate or not based on Article 81 paragraph (2) jo Article 76 d Law Number 35 Year 2014?. This study uses normative legal research in its analytical descriptive, using secondary data through library studies and using qualitative methods processed to obtain conclusions in this study, namely: The application of criminal offenses given by the panel of judges is not appropriate based on Article 81 paragraph (2) jo Article 76 D Law Number. 35 of 2014 concerning Child Protection. The results of this act of this act should be handed down in Article 81 paragraph (1) jo Article 76 D of Law Number 35 of 2014, because it was done like the same joy.                                  
PEMBERIAN SANKSI PIDANA POKOK BERUPA PENJARA DAN LATIHAN KERJA DALAM TINDAK PIDANA PENGANIAYAAN BERAT OLEH ANAK: The Imposition Of Primary Criminal Sanctions In The Form Of Imprisonment And Work Training In Cases Of Severe Physical Assault By Juveniles Arulia Corin Hamida; Vience Ratna Multiwijaya
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24997

Abstract

The imposition of criminal sanctions by the judge on juvenile perpetrators of severe physical assault involves two primary criminal sanctions, namely imprisonment and work training. The core issue raised is whether the imposition of primary criminal sanctions by the judge, in the form of imprisonment and work training, aligns with Law Number 11 of 2012 concerning the Juvenile Justice System. The methodology employed consists of using court decisions as the research object, conducting normative research or literature review, employing a descriptive-analytical research nature, utilizing secondary data sourced from literature studies and interviews with informants, analyzing the data through qualitative analysis methods, and drawing conclusions through deductive logic. The author concludes that the imposition of criminal sanctions in the form of imprisonment and work training on juvenile defendants of severe physical assault is not in accordance with Law Number 11 of 2012 concerning the Juvenile Justice System. The research findings suggest that the imposition of sanctions by the judge in cases of severe physical assault by juveniles should consider the recommendations of social workers, namely imposing work training as the primary criminal sanction for the juveniles.
Co-Authors Arulia Corin Hamida Celine Wiranata Cindy Hardiyanti Wibowo Karina Putri Marina Muhammad Daffa Zacky Parnanda Nadya Tri Astuti Nauli Amari Putra Raden Mas Diaz Ihsanul Mahendra