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All Journal Ensiklopedia of Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Ensiklopedia Education Review Journal of Law, Administration, and Social Science Bulletin of Community Engagement Collegium Studiosum Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora Locus Journal of Academic Literature Review Journal of Social And Economics Research Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Innovative: Journal Of Social Science Research Al-Zayn: Jurnal Ilmu Sosial & Hukum Amicus Curiae journal of social and economic research
Ermania Widjajanti
Fakultas Hukum, Universitas Trisakti
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other

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TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN MELALUI MEDIA SOSIAL INSTAGRAM Bella Annisa Maharani; Ermania Widjajanti
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15293

Abstract

Online fraud is when a writer accesses a website using internet services with the intention of fooling one of the people he intends to target. As a result, lawmakers must be more aggressive in punishing those who commit fraud, particularly online fraud, by having a deterrent effect on others who do so. 1) Did the Respondent's activities satisfy the criteria listed in Article 45A Paragraph (1) of the Electronic Transaction Information Law Number 19 of 2016 (Research Decision Number 1085/pid.sus/2020/PN.bdg)? This is the problem formulation for this final work; 2) How do judges penalize those who commit online fraud using the social media platform Instagram (analysis of decision No. 1085/Pid.sus/2020/PN.Bdg). With secondary data and qualitative analysis, this form of study is normative, and inferential reasoning is used to arrive at findings. Conclusion: 1) The respondent's conduct satisfy the conditions outlined in Article 45A (1); 2) based on the judge's sentencing in that case, which was based only on theory, particularly contemporary, which combines all three types of sentencing theories-absolute, relative, and a combination of the two-and must satisfy the following criteria: Deterrence, education, rehabilitation, social control, rehabilitation, restorative justice.
- ASPEK GABUNGAN PIDANA TERHADAP PELAKU PEMERKOSAAN DAN KEPEMILIKAN SENJATA (PUTUSAN NOMOR 200/PID.SUS/2021/PN.TRG): - Mohammad Yofarrel; Ermania Widjajanti
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15849

Abstract

The defendant Cecep Sutarno was found guilty of being legally and conclusively proven to have committed the crime of rape as specified in Article 285 of the Criminal Code based on the "Decision of the Tenggarong District Court Number 200/Pid.Sus/2021/PN.Trg". In addition, the defendant broke Article 2 paragraph 1 of Emergency Law Number 12 of 1951. How is the combined crime of rape and having a stabbing weapon without a permit defined by the Criminal Code (research of Decision Number: 200/Pid.Sus/2021/PN.Trg)? is how the issue in this research is formulated. What about the penalties for  those found guilty of rape and illegally carrying a knife (Decision Study Number 200/Pid.Sus/2021/PN.Trg)? The research method is a normative legal research that is descriptive-analytic in nature as well as secondary data types assisted by primary legal materials. Study through qualitative analysis with deductive conclusion. The results of the research and discussion are a combined form of crime committed by Cecep Sutarno in the form of Concursus Idealis with punishment given using Article 63 paragraph (1) of the Criminal Code. Conclusion: The combined form of the defendant's crime is concurrence of regulations or Concursus Idealis in accordance with the provisions of Article 63 paragraph (1) of the Criminal Code. The form of punishment in this case is to use the absorption penalty system.
TINDAK PIDANA PENCUCIAN UANG SEBAGAI FOLLOW UP CRIME DARI TINDAK PIDANA PERJUDIAN (STUDI PUTUSAN NO 40/PID.SUS/2020/PN.JKT.SEL) Putri Tari Septiani; Ermania Widjajanti
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15856

Abstract

Dirty money is a term used to describe money laundering. As is the case in the money laundering case committed by the defendants, specifically defendants I Muslimin, defendant II Kurnia, and defendant III Edi, the money was obtained through gaming and was laundered by receiving a transfer from Barta (DPO). Problem statement: Can the crime of money laundering in this instance be considered a continuation of gambling? and how may the offenders be punished criminally? Analytical descriptive research techniques are used in normative legal research. Due to the fact that they simply take pleasure in or get the proceeds of their crimes, Muslim criminals can be considered passive actors who engage in money laundering. The accused include passive actors who only accept transfers. that is, the crime of money laundering is a follow-up crime of gambling, imposing sanctions on the appropriate defendants, namely Article 5. The conclusion in the court decision in the statute was decided by using Article 10 Jo Article 3 Jo Pasal 2 ayat 1 letter t Law No. 8 year 2010, the defendants should have been dropped by Pasal 5.
- Tindak Pidana Kekerasan Dalam Lingkungan Rumah Tangga yang Tidak Menyebabkan Penyakit: - Anselmus Jefri Aldonny Pasaribu; Ermania Widjajanti
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16485

Abstract

The Batu Sangkar District Court's ruling. In violation of Article 44 Paragraph (4) of Law Number 23 of 2004, the defendant, Dandi Arisman, who is the victim's husband, assaulted the victim by kicking the body of the motorbike she was riding. Despite the victim's minor injuries, she continued to perform his job at the time. The question put up is whether it is appropriate to apply Law No. 23 of 2004's Article 44 paragraph (1) to those who commit crimes. (Decision No. 113/Pid.Sus/2021/PN BSK) and what is the judge's sanction for those who use physical force in domestic situations? The research technique makes use of normative descriptive analytical research with secondary data. The findings of the government's investigation and discussion led to the publication of Law No. 23 of 2004 as a regulation. When the defendant's conduct were compliant with Article 44, paragraph 4, of Law No. 23 of 2004, and they resulted in serious injury to the victim as well as the victim's inability to perform her job as a result of those injuries, this rule has permanent legal force. The judge's judgment is not in line with the UUPKRT, which leads to misunderstandings, according to the conclusion.
PERTIMBANGAN HAKIM DALAM TINDAK PIDANA PENGANIAYAAN DIRENCANAKAN YANG MENGAKIBATKAN LUKA BERAT Muhammad Fadhiil Yashendra; Ermania widjajanti
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16501

Abstract

In case number 94/Pid.B/2021/PN. Prn, the defendant severely abused the victim by swinging a machete and striking her in the neck once and in the back twice. As a result, the witness Rabadi was injured and bleeding, and the victim was unable to perform any tasks. The formulation of the issue is how the judge weighs various factors when rendering a decision regarding those who commit the crime of persecution intended by Article 351 paragraph (2) of the Criminal Code (Decision No. 94/Pid.B/2021/PN Prn) and whether the perpetrator's actions are in compliance with that provision. The research methodology makes use of secondary data, normative research designs, and analytical descriptive research. According to the findings of the study and discussion, the defendant was established to have committed significant abuse, which was supported by the witness's statement and intention as well as the Visum Et Repertum letter. The defendant planned her acts, as there was a deadline and he had to prepare everything. Conclusion: The defendant's actions satisfied Article 351 paragraph (2) of the Criminal Code, but they were improper in relation to that fulfillment because Article 353 paragraph (2): Criminal Code included a planning element, specifically serious maltreatment with a plan.
JERAT HUKUM KEBIRI PELAKU KORBAN KEKERASAN SEKSUAL PADA ANAK Vience Ratna Multiwijaya; Ermania Widjajanti
Collegium Studiosum Journal Vol 6 No 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.878

Abstract

In Indonesia, sexual violence against children has increased. The criminal sanctions contained in the Child Protection Act do not reduce child sexual violence. In 2016, the Government issued Law Number 17 of 2016 which aims to reduce the level of child sexual violence by imposing aggravating punishment on perpetrators, such as announcing the identity of the perpetrators, as well as administering chemical castration and installing electronic detection devices. The chemical castration sanction is an action sanction that must be accompanied by rehabilitation after the perpetrator has carried out the principal sentence regulated in Government Regulation No. 70 of 2020. Implementation must be based on a Court Decision which has permanent legal force and with a maximum period of 2 years after going through the stages of examination. In principle, chemical castration is an act of injecting anti-testosterone substances into a man's body to reduce levels of the hormone testosterone. Carrying out castration is often misunderstood, it is not throwing away the testicles, but chemical injections are carried out. Administering this anti-androgen drug can make men deficient in the hormone testosterone so that they no longer have sexual desire. Castration is considered a violation of human rights, according to Article 28 G paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The negative effects of chemical castration can cause premature aging and bone loss or osteoporosis The research method uses a normative juridical approach using legislation. The implementation of chemical castration needs attention to see if it can answer the reduction of sexual violence. This must be adapted to the criminal objective of fostering or improving the perpetrators, not just suffering in retaliation, but punishment must be for the welfare of society and protection for victims.
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

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.
Co-Authors Adinda Putri Elin Afianiesa, Savira Agus Sugiyatmo Aisyah, Putri Romadhatul Alfianto, Dwi Amalin FP, Haekal Andi Widiatno Hummerson Anna Maria Tri Anggraini Anselmus Jefri Aldonny Pasaribu Anselmus Jefri Aldonny Pasaribu Arief Baharsyah Audina, Encik Inne Alifia B, Meky Yadi Saputra Bella Annisa Maharani Bella Annisa Maharani Bimo Ilham Wibowo Bintang, Cantika Ramadhani Dava Tubagus Rahmat Dewo Wapa Soembogo Dionysius Ansel Yuswanto Emmanuela, Michele Encik Inne Alifia Audina Faradilla, I Gusti Agung Fikarudin, Wildan Hutami, Trisya I Gusti Agung Faradilla Indonesia Irfan Maulana Ismet Samuel Tahoran Jeremy Arnold Christian Bangun Joan Rossy Rumbiak Jozevin Elizabeth Juliani, Wenny Kabes, Irianto Kasman Ely Kolono, Sucipto Komeni, Wirdi Hisroh Lase, Sandra Putri Olivia Maharani, Bella Annisa Margaretha, Rade Dian Matatula Zefanya Armando Doeputra Mohammad Yofarrel Mohammad Yofarrel Muchamad Feisal Abduh Muhamad Amin Faiz Muhammad Fadhiil Yashendra Muhammad Fadhiil Yashendra Muhammad Fajar Wasitomo Namira Kinanti Nurjanah Nurmayana, Suri Oemyx Wynn Tratabofa Hutasoit Owen Chinua Saragih Pradipta, Firwanda Sandi Putri Tari Septiani Putri Tari Septiani Rade Dian Margaretha Rini Purwaningsih Rofaeda Arisia Salsabila Tanjung Saiful Hananto Siska Dwi Andini Sofhan, Dedi Sony Fati Crisitan Gulo Sugiyatmo, Agus Tanjung, Rofaeda Arisia Salsabila Tri Agus Suswanto Trisya Hutami Vience Ratna Multi Wijaya Vience Ratna Multiwijaya Vience Ratna Multiwijaya Wibowo, Bimo Ilham