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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat WAJAH HUKUM
Jumadi Jumadi
Universitas Muhammadiyah Palembang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika Jumadi Jumadi; Indrajaya Indrajaya
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.1096

Abstract

Abstract One of the goals of criminal law is as a social institution that includes several things, namely as part of a social reaction when there is a violation of applicable norms. When the judge's decision by imposing a conditional criminal sentence on narcotics, it often invites debate and dissatisfaction from various parties. The problem of this journal is what is the basis for the judge's consideration of imposing a conditional criminal sentence and what are the inhibiting factors for the application of the judge's decision. This research is an empirical legal research that prioritizes field data using the analytical descriptive specification method. The results of the study that the judge's consideration of imposing a conditional sentence in a narcotics crime case at the Palembang Class IA District Court was based on juridical considerations (legal certainty), namely Article 14a to Article 14f of the Criminal Code, Article 127 paragraph (1) letter c of the Narcotics Law and sociological considerations and philosophical considerations. The inhibiting factors for applying conditional criminal penalties at the Class IA Palembang District Court are the law factor, law enforcement officers, infrastructure, and the cultural factor of the community itself.
Analisis Putusan Pengadilan Negeri Baturaja Dalam Perkara Tindak Pidana Pencurian Studi Kasus Nomor: 333/Pid.B/2020/PN BTA terhadap Peraturan Mahkamah Agung Nomor 02 Tahun 2012 Jumadi Jumadi; Indrajaya Indrajaya
Wajah Hukum Vol 7, No 1 (2023): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v7i1.1181

Abstract

The issue of criminal law is widely discussed and in the spotlight, the public in general considers that it is very unfair if these minor cases threaten the punishment is not proportional to the value of the goods stolen by the perpetrator. So that the petty theft crime should be threatened with Article 364 of the Criminal Code which is guided by Supreme Court Regulation No.2 of 2012 must be applied with Article 362 of the Criminal Code. The reason why the judge did not use Article 364 of the Criminal Code and Supreme Court Regulation No.2 of 2012 was because in this case there was a repeat of the criminal act. The problem in this journal is the result of the Baturaja District Court's decision on theft cases with a light loss value. The research of this journal is Empirical legal research, which was initially researched as secondary data and then continued with research on primary data in the field. Meanwhile , The Supreme Court Regulation is a statutory regulation issued by the Chief Justice on judicial technical issues, especially in filling legal vacancies or against the enactment of an Act for which there has never been an organic regulation, whose structure resembles the structure of the composition of the Act that through the consideration of the judge at the Baturaja District court who examines and decides this case Article 364 of the Criminal Code cannot be applied with a speedy examination event guided by Supreme Court Regulation No. 2 of 2012 because the act committed by the perpetrator is a repeat of a criminal act, although in Supreme Court Regulation No.2 of 2012 there is no mention of exceptions to the act of repetition of a criminal act, but expressly it is regulated in the Memorandum of Understanding on the Implementation of the Application of the Prudential Limits on Minor Crimes and the Amount of Fines and the Application of Restorative Justice. So that the sentence of imprisonment for 1 year and 8 months is considered appropriate to be imposed on the perpetrator, even though from the perpetrator's side the verdict has not met the sense of justice.
Police Legal Responsibilityy For Crime and Thieft Involving Violence Jumadi, Jumadi; Ardha, Dea Justicia; Jafar, Abdul; Saputra, Muhammad Adi
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.14177

Abstract

The Indonesian National Police obtains a mandate from laws tasked with maintaining security and order, protecting, serving, enforcing the law and protecting the public. One of these tasks is the prevention of theft with violence crimes by the Police Resort in the East OKU. In seeking answers to this problem, the author used empirical research methods, by conducting interviews with several parties, including the East OKU Police Resort and the perpetrators of violent crimes. The results of the study suggest that, first, the things that cause theft with violence crimes are caused by two factors, namely endogenous and exogenous factors, but the causative factors that often cause theft with violence crimes in the East OKU such as economic level, low education that causes unemployment, the environment, and lack of legal awareness, and supported by situations and conditions. The second is done by using penal and non-penal effort. Prevention with Penal efforts focuses more on the repressive nature, that is, actions carried out after the occurrence of crime. The study's findings revealed the effectiveness of criminal law and policy in preventing violent stealing.
Co-Authors Ardha, Dea Justicia Indrajaya Indrajaya Indrajaya Indrajaya Jafar, Abdul Muhammad Adi Saputra