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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Ipso Jure
Tri Setiady
Universitas Singaperbangsa Karawang
Law, Crime, Criminology & Criminal Justice

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Analysis of Criminal Liability for Perpetrators of Persecution Based on Criminal Theory (Study of Decision Number 96/Pid.B/2018/PN.Kwg) Rikal Lesmana; Ade Maman; Tri Setiady
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/bkravr35

Abstract

This study examines criminal liability and judicial considerations in cases of persecution in Indonesia, focusing on Decision Number 96/Pid.B/2018/PN.Kwg. Using a normative juridical approach, it analyzes relevant legal provisions, particularly Articles 49 and 351 of the Indonesian Criminal Code. The case involves Nurhidayat, who assaulted the victim, Fahrul, during a dispute over motorcycle credit repayment. The research investigates the form of criminal responsibility for the crime of persecution and the judge's reasoning in sentencing the defendant. The findings show that the Karawang District Court's decision did not fully align with justice and legal certainty principles. Nurhidayat was sentenced to three years in prison, despite mitigating factors such as his remorse, cooperative attitude, and role as the family’s breadwinner. The study concludes that the court’s decision did not adequately consider the juridical and non-juridical aspects, resulting in a sense of injustice for both the victim and the defendant. This research recommends that judges, when determining sanctions, should consider the proportionality of the crime and account for all aspects of justice. This would ensure that decisions better reflect fairness and provide clearer legal certainty, aligning with the principles of justice, legal certainty, and the protection of citizens' rights in the criminal justice system.
Criminological Review of Premeditated Murder Perpetrators (Based on Personality Theory: Case of KH. Mochamad Tarma Hantono, Karawang) Triadi Tiawardana; Ade Maman`; Tri Setiady
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5njvyb31

Abstract

This paper discusses the criminological review of premeditated murder perpetrators based on personality characteristic theory, focusing on the case of KH. Mochamad Tarma Hantono and associates in Karawang. The study aims to explore the factors that lead individuals to commit premeditated murder in connection with personality theory and to analyze the criminal liability of the perpetrators. The research adopts a normative juridical method, utilizing literature and secondary data to examine relevant regulations and scholarly works. The study finds that factors influencing the commission of premeditated murder can be categorized into internal and external elements. Internal factors include motivation, urgency, economic needs, intelligence, age, and gender. External factors involve education, social environment, employment, and community security vulnerabilities. These aspects are examined through Article 340 of the Criminal Code, which stipulates penalties for premeditated murder, such as the death penalty, life imprisonment, or imprisonment for up to 20 years. The analysis reveals that personality characteristics, including structural and dynamic differences between criminals and non-criminals, play a significant role in understanding premeditated murder. Additionally, criminal psychological theories suggest the importance of behavioral prediction and the distinction among various types of criminals. The research concludes that premeditated murder is influenced by a combination of personality traits and external factors, and perpetrators are legally accountable under the provisions of criminal law.
Optimizing the Intellectual Property Rights as Banking Credit Collateral by Art Workers in Karawang Tri Setiady; R. Siti Sumartini; Meita Fadhilah; Erdin Tahir
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5741

Abstract

As proprietors of Intellectual Property Rights (IPR), creative professionals (designers, creators, and inventors) in Karawang regency own exclusive rights that enable them to independently profit from their works in the form of royalties or licensing. However, in reality, they have difficulties in accessing capital needed to expand their business. Some financial institutions might not accept IPR as collateral for credit even though the law principally states that they are valuable assets and therefore eligible as collateral. Copyright Law No. 28 of 2014 (Article 16) and Patent Law No. 13 of 2016 (Article 108) both permit owners and holders of intellectual property rights to utilize such rights as collateral for loans under a fiduciary arrangement. The laws should apply to copyrights and patents, but so far they haven't, which is a shame because in theory they should. The lack of a change to Article 43 of BI Regulation Number 14/15/PBI/2012, which pertains to the forms of credit collateral, makes it difficult to use intellectual property rights as security for loans. To make the concept relevant, the regulation has to be changed
Co-Authors Ade Maman Ade Maman` Erdin Tahir Meita Fadhilah R. Siti Sumartini Rikal Lesmana Triadi Tiawardana