Garuda - Garba Rujukan Digital

Indra Kumala Sari M

Faculty of Law, Labuhanbatu University

Author-ID : 5660900

Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

Published : 2 Documents Claim Missing Document

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Articles

Juridical Analysis of the Judge's Consideration in Terms of Mitigating the Defendant Against Premeditated Murder According to Law Number 48 of 2009 Concerning Judicial Power Parlindungan Siregar; Risdalina Risdalina; Indra Kumala Sari M
Journal of Social Research Vol. 2 No. 1 (2022): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i1.519

Background: The law governing the National Criminal Procedure Law must be based on the views/philosophies of national life and the basis of the state, therefore the provisions of articles or paragraphs contained in the National Criminal Procedure Law describe the protection of human rights and the obligations of citizens. Objectives: This study aims to find out and analyze things that can be considered aggravating circumstances and mitigating circumstances in criminal convictions. As well as knowing and analyzing the effect of consideration of burdensome circumstances and mitigating circumstances in criminal convictions Methods: This research belongs to the normative type of research. So that it can be known that the matters that can be considered as aggravating circumstances and mitigating circumstances in the judgment of conviction must be by the characteristics. Result: The most important consideration of aggravating and mitigating circumstances affects the proportionality of criminal convictions, both the proportionality between the criminal act imposed and the degree of guilt committed by the defendant, the proportionality related to the disparity of the verdict, and the proportionality between the conviction and the profits obtained from the criminal act. Conclusion: The form is in the form of the nature, subject, atmosphere, or situation that prevails, relating to the criminal act. The formulation is found outside of the criminal act itself outside the elements of the criminal act and describes the seriousness of the crime or the degree of danger of the perpetrator, which affects the size of the severity of the crime to be imposed.

Arrangements for the Termination of Investigations in the Prosecution of Criminal Cases of Domestic Violence According to Law Number 8 of 1981 Concerning the Criminal Procedure Law (Case Study of the East Dumai Police) Dona Antonio; Risdalina Risdalina; Indra Kumala Sari M
Journal of Social Research Vol. 2 No. 2 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i2.625

Law No. 23 of 2004 concerning Domestic Violence in article 1 paragraph 1 states that the integrity and harmony of a happy, safe, peaceful and peaceful household is the dream of everyone in the household. This study aims to find out and analyze the arrangements for stopping investigations in the prosecution of criminal cases. As well as knowing and analyzing about knowing the process of stopping investigations in domestic violence criminal cases. This research belongs to the normative type of research. So it can be known that investigators as members of the Police, in principle, have discretionary authority. Termination of investigation is a discretionary policy of law enforcement with the requirement that if the perpetrator reneges on the peace agreement by repeating the violent crime, it will be directly processed formally (court). Based on the explanation above, it can be concluded that investigators as members of the Police, in principle, have discretionary authority.

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