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Rugun Romaida Hutabarat
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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KETERANGAN SAKSI YANG MENGAKIBATKAN PUTUSAN BEBAS (VRIJSPRAAK) KEPADA TERDAKWA TINDAK PIDANA PEMBUNUHAN DITINJAU DARI ASAS IN DUBIO PRO REO (STUDI PUTUSAN NOMOR : 155/Pid/2020/PT TJK) Cancolio Frederick Sidauruk; Rugun Romaida Hutabarat
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.655

Abstract

The position and role of the witness in a criminal case is evidence to uncover and dismantle a crime. The judiciary is used to prove a crime, evidence and evidence play a role in the process of proving the Criminal Procedure Code. Witness does not give confidence to the Panel of Judges, so that the Panel of Judges is obliged to give a decision in favor of the accused (in dubio pro reo). The judge's decision is a decision whose contents impose a sentence that already has permanent legal force, so the decision can be executed. One type of judge's decision is an acquittal.
Perlindungan Hukum Terhadap Penelantaran yang Dilakukan oleh Suami Terhadap Anak dan Istri Pada Putusan Nomor 54/PID/2020/PT MND Daniel Daniel; Rugun Romaida Hutabarat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1393

Abstract

Neglect towards children and spouses is a form of criminal act where an individual, in this case, a husband, neglects his obligations and responsibilities to fulfill the basic rights of his children and wife, resulting in them not receiving adequate care, attention, and protection. The issue in this case arises when a husband has been proven to commit the crime of psychological neglect towards his child, but the Appellate Court instead acquitted the Defendant. This raises the question of how child neglect committed by parents, in this case, a father, is regulated based on child protection laws and laws related to domestic violence, and what considerations influence the Appellate Court to render an acquittal for the Defendant. The main finding of this research is that the responsibility and duty to provide attention and protection to children are not solely the task of a wife but require the joint effort of both the father and mother. One of the considerations that led to the Defendant's acquittal by the Appellate Court is that the Defendant provided a year's worth of child support amounting to Rp 700,000.00, and he has one dependent child whose education was disrupted due to detention by the police. Neglect or emotional neglect of a child can have a negative impact on their self-esteem in building relationships with their peers, as they lose the presence of a father who can serve as a role model and guide in facing the world.
Pembuktian Noodweer Excess pada Tindak Pidana Pembunuhan dalam Studi Putusan Nomor 272/PID/2020/PT PDG Sakila Nur Azahra; Rugun Romaida Hutabarat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1446

Abstract

Forced defense that goes beyond its limits is included in one of the reasons for abolition of a sentence because it protects oneself, honor and property accompanied by extreme mental shock based on reasons of forgiveness as explained in Article 49 paragraph (2) as happened in Decision Number 272 /PID/2020/PT PDG. The aim is to analyze how to prove noodweer excess in the crime of murder in the study of decision number 272/pid/2020/pt pdg. This writing uses normative or doctrinal legal research, because it uses information sources of norms. As experienced by the defendant Efendi Putra (Decision Number 272/PID/2020/PT PDG) carrying out a defense against himself due to a threat of crime carried out by Adek Firdaus, which Adek Firdaus carried out in the form of throwing a machete which he had hidden in the jacket he was wearing. suddenly so that the defendant carried out self-defense which unexpectedly crossed the line due to extreme mental shock which is a reason for expunging the crime within the excuse of forgiveness (Article 49 paragraph (2))
Analisis Yuridis Penentuan Kriteria Daluwarsa Dalam Putusan Mahkamah Konstitusi Nomor 118/PUU-XX/2022 Loudy Belana; Rugun Romaida Hutabarat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1481

Abstract

There are several factors that influence the removal of the right to prosecute, one of which is due to expiration. The complainant or victim believes that the act of abolishing prosecution, especially due to expiration, means releasing the suspect from criminal responsibility, the abolition of prosecution, especially due to expiration, may not provide justice for them. This writing uses normative or doctrinal legal research because it uses information sources of norms with prescriptive research specifications. This research method includes document review or literature review, and the writing approach used is the statutory approach and the case approach. Public perception and trust in the current legal system can be harmed by the elimination of expired prosecutions. As in the Constitutional Court Decision Number 118/PUU-XX/2022, this is because the Criminal Code, especially Article 79 Paragraph (1), does not provide legal certainty to victims of criminal acts if the calculation begins after the counterfeit goods are used.
Prinsip Individualisasi Pidana Dalam Penempatan Narapidana Berdasarkan Jenis Kejahatan Anggian Cassilas; Rugun Romaida Hutabarat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1504

Abstract

The development of prisoners in prison aims to foster prisoners so that they do not repeat their crimes and become better individuals so that they can be accepted back into society. In fostering prisoners, the classification of prisoners must be applied. The classification of prisoners is an application of the principle of individualization. The principle of individualization of punishment is one part of the purpose of punishment. Article 12 of Law Number 12 Year 1995 on Corrections once regulated the classification of prisoners based on the type of crime. In its amendment, namely in Article 36 paragraph (4) of Law Number 22 Year 2022 on Corrections, it no longer regulates the classification of prisoners based on the type of crime. The placement of prisoners is only classified based on age and gender or other reasons based on risk assessment.
Keabsahan Pembuktian Ahli dalam Tindak Pidana Pencabulan Anak Oleh Ayah Kandung Pada Studi Putusan Nomor 22/JN/2021/MS.Aceh. Indah Maria Maddalena Simamora; Rugun Romaida Hutabarat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1514

Abstract

The validity in proving a crime must provide a strong belief to the judge about the truth of the evidence. This is in order to determine whether the defendant really committed the act charged or it can also be used to obtain the basis for the verdict in resolving a case. Expert testimony has the nature of validity or validity of evidence in assisting the examination in the crime of child abuse. The research will examine the validity of expert evidence in the crime of child molestation by the biological father. This study aims to determine how the validity of expert evidence in the crime of child molestation by biological fathers using descriptive-based normative juridical methods, using primary data, namely legislation, decisions and secondary data sourced from books, journals related to the validity of experts in the crime of child molestation. The problem examined in this study refers to one of the judge's considerations in Decision Number 22/JN/2021/Ms.Aceh. which states that the psychological expert is considered to have made every effort to lead the child victim to provide testimony according to the charges and the expert's testimony is ruled out. If there is doubt about the testimony presented by the expert, the Criminal Procedure Code provides room for the judge to call a second expert to be questioned to avoid in dubio pro reo in the judge's decision. If the child is a victim, the examination process must be accompanied by community counselors and social workers who have the competence and profession of social work and expertise. Based on this, expert evidence and psychological experts are needed in the examination of the crime of child abuse.
Analisis Yuridis Pemberatan Pidana Terhadap Terpidana Residivis Terorisme Nadira Apricia; Rugun Romaida Hutabarat
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1524

Abstract

Sentencing does not always have a deterrent effect on the perpetrator. The large number of perpetrators who repeat their crimes is proof that the punishment imposed on them does not have a deterrent effect. There needs to be regulation regarding the repetition of criminal acts, especially regarding serious crimes such as criminal acts of terrorism. Improving criminal penalties for repeat criminals or recidivists can be used as a step to reduce and prevent repeated crimes. This research uses the Muhammad Basri case as an example of a repeat case of criminal acts of terrorism. This research aims to find out how criminal penalties are imposed on terrorist recidivists.
Co-Authors Anggian Cassilas Cancolio Frederick Sidauruk Daniel Daniel Indah Maria Maddalena Simamora Loudy Belana Nadira Apricia Sakila Nur Azahra