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All Journal Jurnal Humaya: Jurnal Hukum, Humaniora, Masyarakat, dan Budaya Reformasi Hukum Trisakti Al-Zayn: Jurnal Ilmu Sosial & Hukum Amicus Curiae
Prastopo
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

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TANGGUNGJAWAB PIDANA TERHADAP PELAKU TINDAK PIDANA PENIPUAN DAN PENGGELAPAN (PUT. NO. 1103/PID.B/2021/PN.JKT.SEL): Criminal Responsibility Against the Persons of the Criminal Acts of Fraud and Embracement (Decision. NO. 1103/PID.B/2021/PN.JKT.SEL) Pratama, Alvinza Aditya; Prastopo
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19739

Abstract

one of the causes of criminal acts of fraud is that the perpetrator can convince the victim with his deceit and false prestige. the defendant deceived the victim by pretending to be a State Civil Apparatus (ASN) and used the victim to commit his crime by committing fraud and embezzlement. This is in line with the beginning of the case which is the object of this research. The research method used in writing this thesis is a normative legal research method. This research is analytical descriptive in nature, using secondary legal data and primary, secondary and tertiary legal materials, collected from the results of library research, then processed qualitatively. The results of data processing from research results are concluded with the deductive method. Based on the research that has been done, it can be concluded that the criminal responsibility applied by the Panel of Judges is not quite right, the perpetrators should have applied criminal responsibility using two articles, namely the crime of fraud and embezzlement. The Panel of Judges when examining and deciding cases is more careful based on the facts of the trial, the evidence is available so that there is no mistake in deciding a criminal case.
PEMIDANAAN TERHADAP MILITER YANG MELAKUKAN TINDAK PIDANA LALU LINTAS YANG MENGAKIBAT KEMATIAN (STUDI KASUS PUTUSAN NOMOR 38-K/PM.I- 02/AD/IV/2023): Sentencing Of Military Personnel Who Commit Traffic Crimes Resulting In Death (Case Study Of Decision Number 38-K/PM.I- 02/AD/IV/2023) Dhimas Indra Anggoro; Prastopo
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.v2i4.24994

Abstract

Traffic accidents are regulated in Article 1 Number 24 of Law Number 22 of 2009 concerning Traffic. It was recorded that 3,168 TNI soldiers were involved in traffic accidents in 2023. What kind of punishment is expected or appropriate for TNI soldiers who commit criminal acts of negligence resulting in death? Based on the provisions of Article 310 paragraph (3) Juncto Paragraph (4) of Law Number 22 of 2009 concerning Traffic and Road Transportation, does the judge's decision in decision number 38-K/PM.I-02/AD/IV/2023 support the goal of criminalization? (Study of Decision Number 38-K/PM.I-02/AD/IV/2023). This study will describe and analyze the expected or appropriate punishment for TNI members who commit traffic crimes resulting in death in Decision Number 38-K / PM.I-02 / AD / IV / 2023 to determine whether the judge's considerations in the decision are in accordance with Article 310 Paragraph (3) Juncto (4) Law Number 22 of 2009 concerning Traffic and Road Transportation. This study uses normative law, namely research conducted by searching for secondary data or library sources. The method used to collect information in this study is by means of a literature review. In order to protect the public and enforce the law, the Military Auditor filed a lawsuit with the Panel of Judges by imposing a prison sentence of 10 (ten) months minus the detention period. Meanwhile, the defendant Jaswajul in Decision Number 38-K / PM.I-02 / AD / IV / 2023 was sentenced to 3 (three) months in prison with a probationary period of 5 (five) months. This is based on the findings of data analysis.
Co-Authors Agung Satria Susanto Ahmad Jaeni Dhimas Indra Anggoro Idris, Berlian Muhammad Faritza Ardeanny Kurniawan Prasetyo, Boedi Pratama, Alvinza Aditya Sanggel, Ade C I