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All Journal Jurnal Hukum Prioris Reformasi Hukum Trisakti Amicus Curiae
Dian Adriawan Daeng Tawang
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

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SANKSI PIDANA TERHADAP KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ZAINAL ARIFIN (PUTUSAN NOMOR : 1346/PID.SUS/2023/PN.SBY): Criminal Sanctions for Traffic Accidents Resulting in the Loss of Zainal Arifin Life (Decision Number: 1346/Pid.Sus/2023/Pn.Sby) Erlina Patricia; Dian Adriawan Daeng Tawang
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.v2i4.24692

Abstract

The purpose of this study is to analyze Decision Number: 1346/Pid.Sus/2023/Pn.Sby on Criminal Sanctions for Traffic Accidents Resulting in the Loss of  Zainal Arifin Life. The identification problems discussed are 1) Is the provision of criminal sanctions against the defendant Caesar Rianaditya Fasa Ardiansyah Bin Djoko Purnomo which resulted in loss of life by Law Number. 22 of 2009 concerning Traffic and Transportation Roads?; and 2) Is the criminal sanction imposed by the Panel of Judges in Decision Number: 1346/Pid.Sus/2023/Pn.Sby by imposing a prison sentence of 5 (five) months by the objectives of punishment?. This research uses a type of normative legal research which is descriptive analysis, using secondary data, then processed qualitatively. This study  result and oncludes that the 1) criminal sanction imposed on the defendant is very light and not optimal because it is not by the criminal sanctions in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Traffic and Transportation Roads, and has not reflected a sense of justice; 2) the imposition of criminal sanctions is not by the objectives of punishment in absolute theory, relative theory, combined theory and contemporary theory.
SANKSI PIDANA TERKAIT DENGAN PUTUSAN NO.890/PID.SUS/2022/PN.JKT.BRT.: Juridical Review of Criminal Sanctions related to Decisions Number 890/Pid.Sus/2022/Pn. Jkt. Brt. Silawati Dayang Ganjar; Dian Adriawan Daeng Tawang
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.v2i4.24739

Abstract

Cyber law is regulated in the ITE Law. Still, the criminal sanctions it regulates are often imposed much lighter than the maximum penalty threatened, such as the Borobudur Temple Stupa meme case in Decision No. 890/Pid.Sus/2022/PN.Jkt.Brt. Identification of the problems that will be researched, namely: what caused the judge to impose a lighter criminal sanction than the ITE Law regulation in Decision Number 890/Pid.Sus/2022/PN.Jkt.Brt.? And, is the criminal sanction in Decision Number 890/Pid.Sus/2022/PN.Jkt.Brt. in accordance with the purpose of punishment? The research method used is normative research, descriptive in nature, using secondary data through literature study, and qualitative data analysis. The research result and conclusion of the research shows that the judge imposed a lighter criminal sanction because the defendant did not have the intention to commit an act that caused hatred or hostility as regulated in Article 28 paragraph (2) jo. Article 45 of the ITE Law. This lighter criminal sanction is not in accordance with the 3R+1H punishment objectives, namely: Reformation, Restraint, Retribution, and Deterrence. The panel of judges should impose a heavier punishment based on the principles of justice, legal certainty, and expediency to achieve the objectives of punishment.
Co-Authors Erlina Patricia Junandri Caesar Putra Rini Purwaningsih Silawati Dayang Ganjar Siti Nurbaiti