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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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PEMBERIAN RESTITUSI TERHADAP KORBAN TINDAK PIDANA KEKERASAN SEKSUAL (STUDI PUTUSAN NOMOR XX/PID.B/2023/PN FFK): Providing Restitution To Victim Crime Of Sexual Violence (Study Decision Number Xx/Pid.B/2023/Pn Ffk) Vience Ratna Multiwijaya; Nauli Amari Putra
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22780

Abstract

In Decision Number XX/Pid.B/2023/PN.Ffk concerning a criminal act of sexual violence, the victim must receive adequate protection to support their physical and psychological recovery. Furthermore, if the perpetrator is sentenced to more than four years in prison, the victim has the right to claim restitution. This study examines the responsibility of law enforcement, particularly judges, in determining restitution for victims of sexual violence based on Decision Number XX/Pid.B/2023/PN.Ffk. In this ruling, the judge categorized the crime as sexual exploitation, which is considered inaccurate. The defendant was found guilty of committing a criminal offense by using violence or threats to coerce a woman—who also served as a victim witness—into engaging in sexual relations outside of marriage. This research employs a normative approach with an analytical-descriptive method, drawing conclusions through deductive reasoning. The findings highlight that, under Article 30 of Law Number 12 of 2022 on Criminal Acts of Sexual Violence, law enforcement officials are obligated to inform victims of their right to restitution. Given that the perpetrator received a sentence exceeding four years, this case necessitates restitution as a fundamental aspect of justice for the victim.
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.                                  
TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR 92/PID/2021/PT.JAP) Celine Wiranata; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15256

Abstract

The defendant, Otis Faskar Charkes Arera alias Otis, first committed violence by threatening the victim with a knife strapped around the victim's neck and in front of the victim's child. This threat was made in order to take the victim's property, which belonged to another person. Decision Study No. 92/PID/2021/PT Research Jap. The researcher poses the question: In light of Article 365, paragraphs 2 and 3, of the Criminal Code, are the actions of those who commit the crime of stealing with violence legitimate or not? This study employs a descriptive analytic normative research design and relies solely on secondary data, including main legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively and then uses deductive logic in drawing conclusions. The conclusion of this study, namely that the actions of the perpetrators of the crime of theft with violence are inappropriate based on Article 365 paragraph (2) 1st and 3rd. Suggestions from this study, namely that investigators should in determining the article used as the basis must look at the facts based on Article 365 paragraph 1 in conjunction with paragraph 2 1st and 3rd of the Criminal Code.
- TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK SECARA BERSAMA-SAMA: - Muhammad Daffa Zacky Parnanda; Vience 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.v5i3.16758

Abstract

By setting up fake virtual accounts using a BCA account in the name of Michael Lisardo, the defendant allowed Sunandar to send fictitious bills to consumers where the defendant worked on behalf of Michael Lisardo and Sunandar, who were fired from an online lending company. The funds are then utilised for individual advantage. The issue's description is as follows: Does the defendant's behavior fall within the parameters of Article 28 Paragraph (1) and Article 45 Paragraph (2) of Law No. 19 of 2016, which amended Law No. 11 of 2008, and how those who commit TP crimes spread false and misleading information during electronic transactions at the expense of all consumers? Two types of data are used in the research method: primary and secondary employing inductive reasoning and qualitative methods. The findings of the investigation and discussions revealed that the defendant's activities did not comport with the judgment that had been rendered against him. The study's findings suggest that since the punishment  that was imposed not proper for the defendant's conduct, investigators should exercise greater caution when determining the defendant's punishments. This will help establish the principle of legal certainty and allow the defendant to pursue legal remedies.
- Sanksi Pidana Dalam Tindak Pidana Kekerasan Terhadap Anak Yang Dilakukan Oleh Ibu Kandungnya (Putusan Nomor 155/Pid.Sus/2020/Pn Kpg): - Karina Putri Marina; Vience 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.v5i4.18573

Abstract

Children are something that cannot be separated from the continuity of human life. Child protection law classifies children in conflict with the law as children in conflict with the law or children as subjects (perpetrators), children as objects (victims), and criminal sanctions. The judge's considerations should be used as a guide to see whether the imposition of criminal sanctions contained in the decision is final or not, by linking it to the article that is used as the basis for imposing criminal sanctions. Some of the problems that arise are whether the perpetrator's actions were appropriate or not by Article 80 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection (Decision Number 155/Pid.Sus/2020 /PN Kpg) and how to punish perpetrators of criminal acts of violence against children committed by their biological mothers (Decision Number 155/Pid.Sus/2020/PN Kpg). This action is inappropriate based on "Article 80 paragraph (1) UUPA", that the sentence against the perpetrator was imposed by the Panel of Judges with a prison sentence of 6 months, which should be increased by a third, based on the provisions in "Article 80 paragraph (4) UUPA".
TINDAK PIDANA DENGAN SENGAJA MEMILIKI BARANG ORANG LAIN BUKAN KARENA KEJAHATAN (STUDI PUTUSAN NOMOR 197/PID.B/2020/PN.BKS) : Criminal Offence Of Deliberately Owning Other People's Goods Not Because Of Crime (Study Of Rulling Number 197/Pid.B/2020/Pn.Bks) Raden Mas Diaz Ihsanul Mahendra; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18923

Abstract

The defendant Aryo Hendarto offered to help Setiawan witness to bring cassette containing money and then the key was given by the witness, after that the defendant opened the cassette with pen and then took a sum of Rp.14,500,000, the defendant had repeatedly taken PT. SSI money with total Rp. 95,000,000,. Study Decision with the main problem Is the actions of the perpetrator of Crime deliberately owning other people's goods not because the crime is appropriate Based on Article 362 of Criminal Code? How the conviction of the perpetrator of criminal appropriate based on Criminal Code? This research conducted normative juridical manner with analytically descriptive and conclusions with deductive nature. Based on the analysis, it concluded 1) application and elements of criminal act not belong based on article 362 of Criminal Code. 2) the conviction of the perpetrator of criminal act only 1 year in prison because in article 372 of the Criminal Code is minimal 4 years prison. The results is in article 372 Jo Article 64 paragraph (1) of the Criminal Code with a maximum of 4 years in prison and because the defendant committed criminal act with a smatter, namely criminal act that continues.
TINDAK PIDANA PERKOSAAN TERHADAP PEREMPUAN PADAHAL DIKETAHUI DALAM KEADAAN PINGSAN YANG DILAKUKAN SECARA BERSAMA-SAMA (PUTUSAN NOMOR 92/PID.B/2021/PN JKT.UTR): Crime Of Rape Woman Though Known to be in a State Unconsciousness Committed Jointly (Decision Number 92/Pid.B/2021/PN Jkt.Utr) Nadya Tri Astuti; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.19245

Abstract

The crime of rape against women is an act of two or more people committing rape against a woman outside of marriage even though the woman is known to be unconscious. The problems in this research are, Is Judge’s Decision Number 92/Pid.B/2021/PN Jkt.Utr in the crime of rape against the victim appropriate or not based on Article 285 of the Criminal Code?, What are the categories of participation in the crime of rape committed jointly in Decision Number 92/Pid.B/2021/PN Jkt.Utr. This research uses a normative research type with secondary, analytical descriptive data which is analyzed qualitatively by drawing conclusions deductively. The result and conclusions, That Judge’s Decision Number 92/Pid.B/2021/PN Jkt.Utr is not appropriate based on Article 285 of the Criminal Code because the victim’s helplessness was not caused by the perpetrator’s actions, but rather the victim was unconscious due to being very drunk. Category of participation in case Decision Number 92/Pid.B/2021/PN Jkt.Utr is a from of participation in the crime of rape. This is because there is conscious cooperation and physical cooperation or implementation carried out by the perpetrator. Pperpetrator may be subject to Article 286 of the Criminal Code in conjunction with Article 55 1 of the Criminal Code.
Co-Authors Celine Wiranata Cindy Hardiyanti Wibowo Karina Putri Marina Muhammad Daffa Zacky Parnanda Nadya Tri Astuti Nauli Amari Putra Raden Mas Diaz Ihsanul Mahendra