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Sriti Hesti Astiti, Sriti Hesti
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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The Potential Disparity in Judicial Pardon Decisions: Formulation Issues in The National Criminal Code Aji, Muhammad Kharisma Bayu; Istiqomah, Milda; Astiti, Sriti Hesti; Taqwa, Faisal Akbaruddin
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.63-90

Abstract

This scientific article discusses the problems and ideal formulation of judicial forgiveness in the future in Article 54, Paragraph (2) of Law Number 1 of 2023 on the Criminal Code. This article regulates judicial forgiveness but does not explain the requirements, resulting in different interpretations and decision disparities. This research is normative research with a descriptive research nature. The legislative and comparative approaches are used. This study found that the formulation of judicial forgiveness has problems such as abstract norms, alternative requirements, and difficulties when the victim does not forgive the defendant. The ideal formulation of judicial forgiveness is to determine the maximum criminal sanctions and cumulative requirements. The requirement for the lightness of the act can be interpreted as a maximum fine of Category II (IDR 10,000,000.00) and is related to minor crimes in the Criminal Procedure Code. The requirement for the offender’s personal circumstances is linked to Article 22 of the National Criminal Code, and the requirement for the circumstances at the time the crime was committed is linked to the sentencing guidelines in Article 54 paragraph (1) of the National Criminal Code letters b, d, e, f, and j.
PERTANGGUNGJAWABAN PIDANA KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN Astiti, Sriti Hesti
Jurnal Hukum dan Peradilan Vol 5 No 2 (2016)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.5.2.2016.277-298

Abstract

This article aimed to criticize the juridical basis of the scope of crime mentioned on Law Number 37 of 2004, focuses on the criminal responsibility of a Curator based on independence principle of Bankruptcy Law. Essentially, bankruptcy is a part of Civil Law. However, some bankruptcy cases eventually evolve into criminal matters when a Bankruptcy Curator who is responsible for handling and administering bankruptcy case is positioned as Defendant charged with conducting criminal acts. As stated in Article 234 verse (2) of Law Number 37 of 2004, a Curator who is proven not independent during bankruptcy court may be charged with Criminal Law.Keywords: Curator, Bankruptcy, Principle of Independency, Criminal Responsibility
Co-Authors Aji, Muhammad Kharisma Bayu Milda Istiqomah Taqwa, Faisal Akbaruddin