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PENJATUHAN SANKSI PIDANA KUMULASI UANG PENGGANTI KEPADA PELAKU TINDAK PIDANA KORUPSI: Imposition Of Cumulation Criminal Sanctions For The Compensation Money To The Perpetrator Of Corruption Trisya Hutami; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

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From 2017 through 2021, Indonesia, the world's fourth-most corrupt nation, would incur massive state losses amounting to Rp 170,388 trillion. Only Rp. 1.4 trillion, or around 2.2% of the total state losses incurred by corruption cases, have been restored to the state via the provision of further penalty in the form of replacement money. Normative judicial, descriptive analytical, secondary data with literature study, and qualitative research methods are used. A replacement monetary penalty, in this case assumed to be a prison term of 2 (two) years, has been imposed, despite the fact that it is disproportionate to the amount of state losses incurred and the perpetrator's personal wealth felt and is therefore unlikely to fully recover losses to state finances. Therefore, the imposition of cumulative sanctions in the form of principal punishment (imprisonment and fines) and additional punishment (compensation money) should be paid in full until the state's financial losses are recovered, so that the imposition of cumulative criminal sanctions becomes effective in nature.

PERTIMBANGAN UU ITE DALAM TINDAK PIDANA PENYEBARAN GAMBAR PORNOGRAFI (PUTUSAN NOMOR 563/PID.SUS-/2020/PN.BGL): Consideration Of The EIT Law in The Crimina Act of Distributing Pornographic Images (Decision Number 563 / Pid. Sus-/2020/Pn. Bgl) Encik Inne Alifia Audina; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19603

The perpetrator Julianda deliberately and knowingly posted nude images of the victim Murni Januasari to socia media accounts in the form of Facebook and Instagram belonging to the victim which he did without prior permission and had deviated from the rules in Article 27 paragraph (1) jo Article 45 paragraph (1) of the EIT Law. The Subject Matter raised by the Author is 1.) How did the judge consider in the case of decision No. 563/PID. Sus/2020/PN.Bgl reviewed from Article 27 Paragraph (1) of the EIT Law Jo Article 45 Paragraph (1) EIT Law on the dissemination of immora content on socia media? 2.) Is the conviction of the perpetrator who has been decided by the judge in decision 563/Pid. Sus/2020/PN.Bgl in accordance with the purpose of punishment? This research uses a normative type that is descriptive anaytica, data collection using secondary data obtained through literature studies and data processed quaitatively using deductive logic conclusions. As for the conclusions of this study 1.) The defendant has fulfilled the elements contained in Article 27 paragraph (1) of the EIT Law Jo Article 45 paragraph (1) of the EIT Law. The first element is the element of everyone, the second element is the existence of elements intentionaly and without rights, the third element is the element of distributing and / or transmitting and / or making accessible electronic information and / or electronic documents that have content that violates decency. 2.) The crimina conviction of the accused is in accordance with the magnitude of the mistake committed by the defendant.

TINJAUAN YURIDIS TERHADAP PUTUSAN KASUS TINDAK PIDANA PENGANIAYAAN (STUDI KASUS PUTUSAN PIDANA NOMOR: 96/PID.B/PN.CJR): Juridical Review of The Verdict In The Case Of Persecution (Case Study Of Criminal Decision Number: 96/Pid.B/Pn.Cjr) Rofaeda Arisia Salsabila Tanjung; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19606

The crime of maltreatment often occurs due to a misunderstanding or a sense of resentment/offense against another person so that the perpetrator takes it out by committing maltreatment, as is the case in Criminal Decision Number: 96/Pid.B/2020/PN Cjr who committed maltreatment due to a sense of resentment/offense against the victim causing injury. The issues raised are 1) Whether the defendant's actions fulfill the formulation of Article 351 paragraph 1 of the Criminal Code (Study of Decision Number 96/Pid.B/2020/PN Cjr) and 2) Is the punishment imposed on the defendant in accordance with the purpose of punishment? This research was conducted using normative juridical research type with descriptive analytical nature with secondary data which was analyzed qualitatively and a deductive logic conclusion was drawn. The results showed that the actions committed by the defendant had fulfilled the formulation of Article 351 paragraph (1) of the Criminal Code but were not precise because the victim suffered serious injuries and the defendant's actions basically constituted serious maltreatment so that the Judge should have imposed Article 351 paragraph (2) of the Criminal Code in accordance with the objectives of the theory of punishment, namely to provide protection of the public welfare and balance and harmony of life by taking into account the interests of the state, society, victims, and perpetrators

SANKSI PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA, GOL.1 DALAM BENTUK BUKAN TANAMAN UNTUK DIRI SENDIRI (PUT.NO.103/PID.SUS/2021/PN.JKT.SEL): Criminal Sanctions for The Abuse of Narcotics, Category 1 in The Form of Non-Plant For It Self Bimo Ilham Wibowo; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19639

According to the National Narcotics Agency, drug abuse increased from 1.80% to 1.95% in 2021-2022. This has resulted in overcrowding in prisons. The majority of inmates in correctional facilities are drug offenders, estimated at 145,413 out of 151,303 individuals. This study discusses the case of Rahmat Handoyo, also known as Doyok, who committed the crime of "Misuse of Narcotics Group I, Non-Plant-Based" and was sentenced to prison. In this case, the perpetrator should have received rehabilitation as an alternative form of punishment as stipulated by the laws and regulations. The main issue revolves around the judge's failure to impose rehabilitative measures on drug offenders. The findings of this study indicate that the judge erred in considering the decision based on applicable laws and wrongly assessed drug addicts as sick individuals, where punishment is not the appropriate answer morally and legally, taking into account the expert opinion assessment in accordance with Article 55. This research adopts a descriptive analytical approach, gathering both primary and secondary data. Primary data were obtained through interviews and were qualitatively analyzed using deductive logic, supported by secondary data from literature studies.

PERTANGGUNGJAWABAN PIDANA ANAK PELAKU TINDAK PIDANA PERSETUBUHAN SECARA BERSAMA-SAMA (PUTUSAN NO. 18/PID.SUS-ANAK/2021/PN SRG): Criminal Responsibilities Of Children Who Commit The Crime Of Sexual Intercourse Together (Study Of Decisions Number 18/Criminal.Specific-Children/2021/District Court.Serang) Rade Dian Margaretha; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19771

Criminal responsibility does not only apply to adults in general, but can also apply to children as perpetrators. Criminal responsibility for children is based on the maximum age limit of the child himself. The writing of this article examines Decision No. 18/Pid.Sus-Anak/2021/PN Srg. The formulation of the problem in the research is how the form of criminal liability of children and the form of participation in the case of joint child sexual intercourse. In the preparation of this article, the author uses normative legal research methods, with the nature of analytical descriptive research. In the preparation of this article using secondary data. The method used is qualitative method. The results of the research analysis are that the two child perpetrators can be held criminally responsible, which they are subject to Article 82 Paragraph (1) of Act Number 17, 2016, with imprisonment for 1 year and 8 months. The form of participation imposed on the two child perpetrators is participation in committing (medepleger), with the condition of physical action as evidenced by the two child perpetrators inviting the victim to go to boarding houses by force, then committing a series of acts of sexual intercourse and fornication, as well as the condition of awareness of cooperation as evidenced by the cooperation of the two child perpetrators to invite the victim to join the two child perpetrators.

SANKSI TINDAK PIDANA KEKERASAN SECARA FISIK DI LINGKUP RUMAH TANGGA YANG TIDAK MENGHALANGI PEKERJAAN (STUDI PENGADILAN NEGERI PALEMBANG NOMOR 100/PID.SUS/2021/PN PLG): Sanctions for Criminal Actions of Physical Violence in the Household Wich Do Not Blow Work (Study of Palembang State Court Number 100/Pid.Sus/2021/Pn Plg I Gusti Agung Faradilla; Ermania Widjajanti
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

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Physical violence is an act that causes in pain, falling sick or serious injury committed within the household between husband and wife and vice versa. A criminal sanction is a causal punishment for someone committing a crime that will receive criminal sanctions or other punishment from the authorities. Case Number 100/Pid.Sus/2021/PN. PLG contained acts of domestic violence that did not hinder work, in which the defendant physically assaulted the victim-witness who had caught the defendant checking-in with another woman which resulted in bruises on his hands and abdominal and pelvic cramps, in the imposition of articles and the sanctions imposed were inappropriate . In this case, the creation of a thesis using a research method which contains the object of research in the form of sanctions for domestic violence crimes that do not hinder work. The type used is the normative type, with analytical descriptive characteristics, with secondary data and data analysis using qualitative analysis methods. The conclusions drawn from this study are that the indictment given to the defendant is not appropriate based on Article 44 paragraph (1) of Law Number 23 of 2004. The sanction given to the defendant for 6 (six) months is not appropriate based on the purposes of 3R and 1D punishment, and the defendant should have been given an additional 3 (three) years of probation so that the defendant would feel deterrent.

PENJATUHAN SANKSI PIDANA KUMULASI UANG PENGGANTI KEPADA PELAKU TINDAK PIDANA KORUPSI: Imposition Of Cumulation Criminal Sanctions For The Compensation Money To The Perpetrator Of Corruption Hutami, Trisya; Widjajanti, Ermania
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

From 2017 through 2021, Indonesia, the world's fourth-most corrupt nation, would incur massive state losses amounting to Rp 170,388 trillion. Only Rp. 1.4 trillion, or around 2.2% of the total state losses incurred by corruption cases, have been restored to the state via the provision of further penalty in the form of replacement money. Normative judicial, descriptive analytical, secondary data with literature study, and qualitative research methods are used. A replacement monetary penalty, in this case assumed to be a prison term of 2 (two) years, has been imposed, despite the fact that it is disproportionate to the amount of state losses incurred and the perpetrator's personal wealth felt and is therefore unlikely to fully recover losses to state finances. Therefore, the imposition of cumulative sanctions in the form of principal punishment (imprisonment and fines) and additional punishment (compensation money) should be paid in full until the state's financial losses are recovered, so that the imposition of cumulative criminal sanctions becomes effective in nature.

PERTIMBANGAN UU ITE DALAM TINDAK PIDANA PENYEBARAN GAMBAR PORNOGRAFI (PUTUSAN NOMOR 563/PID.SUS-/2020/PN.BGL): Consideration Of The EIT Law in The Crimina Act of Distributing Pornographic Images (Decision Number 563 / Pid. Sus-/2020/Pn. Bgl) Audina, Encik Inne Alifia; Widjajanti, Ermania
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19603

The perpetrator Julianda deliberately and knowingly posted nude images of the victim Murni Januasari to socia media accounts in the form of Facebook and Instagram belonging to the victim which he did without prior permission and had deviated from the rules in Article 27 paragraph (1) jo Article 45 paragraph (1) of the EIT Law. The Subject Matter raised by the Author is 1.) How did the judge consider in the case of decision No. 563/PID. Sus/2020/PN.Bgl reviewed from Article 27 Paragraph (1) of the EIT Law Jo Article 45 Paragraph (1) EIT Law on the dissemination of immora content on socia media? 2.) Is the conviction of the perpetrator who has been decided by the judge in decision 563/Pid. Sus/2020/PN.Bgl in accordance with the purpose of punishment? This research uses a normative type that is descriptive anaytica, data collection using secondary data obtained through literature studies and data processed quaitatively using deductive logic conclusions. As for the conclusions of this study 1.) The defendant has fulfilled the elements contained in Article 27 paragraph (1) of the EIT Law Jo Article 45 paragraph (1) of the EIT Law. The first element is the element of everyone, the second element is the existence of elements intentionaly and without rights, the third element is the element of distributing and / or transmitting and / or making accessible electronic information and / or electronic documents that have content that violates decency. 2.) The crimina conviction of the accused is in accordance with the magnitude of the mistake committed by the defendant.

TINJAUAN YURIDIS TERHADAP PUTUSAN KASUS TINDAK PIDANA PENGANIAYAAN (STUDI KASUS PUTUSAN PIDANA NOMOR: 96/PID.B/PN.CJR): Juridical Review of The Verdict In The Case Of Persecution (Case Study Of Criminal Decision Number: 96/Pid.B/Pn.Cjr) Tanjung, Rofaeda Arisia Salsabila; Widjajanti, Ermania
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19606

The crime of maltreatment often occurs due to a misunderstanding or a sense of resentment/offense against another person so that the perpetrator takes it out by committing maltreatment, as is the case in Criminal Decision Number: 96/Pid.B/2020/PN Cjr who committed maltreatment due to a sense of resentment/offense against the victim causing injury. The issues raised are 1) Whether the defendant's actions fulfill the formulation of Article 351 paragraph 1 of the Criminal Code (Study of Decision Number 96/Pid.B/2020/PN Cjr) and 2) Is the punishment imposed on the defendant in accordance with the purpose of punishment? This research was conducted using normative juridical research type with descriptive analytical nature with secondary data which was analyzed qualitatively and a deductive logic conclusion was drawn. The results showed that the actions committed by the defendant had fulfilled the formulation of Article 351 paragraph (1) of the Criminal Code but were not precise because the victim suffered serious injuries and the defendant's actions basically constituted serious maltreatment so that the Judge should have imposed Article 351 paragraph (2) of the Criminal Code in accordance with the objectives of the theory of punishment, namely to provide protection of the public welfare and balance and harmony of life by taking into account the interests of the state, society, victims, and perpetrators

SANKSI PIDANA TERHADAP PENYALAHGUNAAN NARKOTIKA, GOL.1 DALAM BENTUK BUKAN TANAMAN UNTUK DIRI SENDIRI (PUT.NO.103/PID.SUS/2021/PN.JKT.SEL): Criminal Sanctions for The Abuse of Narcotics, Category 1 in The Form of Non-Plant For It Self Wibowo, Bimo Ilham; Widjajanti, Ermania
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19639

According to the National Narcotics Agency, drug abuse increased from 1.80% to 1.95% in 2021-2022. This has resulted in overcrowding in prisons. The majority of inmates in correctional facilities are drug offenders, estimated at 145,413 out of 151,303 individuals. This study discusses the case of Rahmat Handoyo, also known as Doyok, who committed the crime of "Misuse of Narcotics Group I, Non-Plant-Based" and was sentenced to prison. In this case, the perpetrator should have received rehabilitation as an alternative form of punishment as stipulated by the laws and regulations. The main issue revolves around the judge's failure to impose rehabilitative measures on drug offenders. The findings of this study indicate that the judge erred in considering the decision based on applicable laws and wrongly assessed drug addicts as sick individuals, where punishment is not the appropriate answer morally and legally, taking into account the expert opinion assessment in accordance with Article 55. This research adopts a descriptive analytical approach, gathering both primary and secondary data. Primary data were obtained through interviews and were qualitatively analyzed using deductive logic, supported by secondary data from literature studies.

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