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All Journal Jurnal Cita Hukum Jurnal Media Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Konstitusi Hasanuddin Law Review Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Integritas: Jurnal Antikorupsi Jurnal Yudisial Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Konstitusi
Hariman Satria, Hariman
Fakultas Hukum Universitas Muhammadiyah Kendari
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Punishment Under Special Minimum Criminal Threat In the Crime of Child Abuse (Study of Decision Number 1041 K/Pid.Sus/2020) Rosman Ahmad; Hariman Satria; Faisal Abdaud; Mafardin Mafardin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4909

Abstract

The imposition of a penalty below the special minimum in the crime of molestation of children is a very important issue in criminal law. This crime aims to provide more effective protection to victims of immorality involving children. In some cases of child abuse, the judge handed down a verdict below the special minimum. The offense that is the focus of this study is how the judge considers sentencing under the special minimum criminal threat based on Decision Number 1041 K/Pid.Sus/2020 in the case of criminal acts of child abuse? The research method used is a type of normative legal research using 2 (two) legal approaches, namely the legislative approach and the case approach. The results of the study concluded that  the Supreme Court in decision Number 1041/Pid.sus/2020 has strengthened the judex facti decision that imposes a penalty below the special minimum limit to the defendant so that the decision contradicts the provisions of Article 82 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is the minimum limit of 5 (five) years and a maximum of 15 (fifteen) years.
Visibility of the Death Penalty in Indonesia: From Levy to Restoration Adianto Adianto; Hariman Satria; Alasman Mpesau
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.5049

Abstract

In Indonesia, the death penalty is regulated in Article 10 letter a number 1 of the old Criminal Code and is placed as the main crime. The death penalty is a classic criminal law product which emphasizes that punishment must contain retribution or appropriate reward. Meanwhile, after the new Criminal Code was passed, the death penalty was made more flexible. There is a kind of paradigm shift in punishment from the old Criminal Code which was retaliatory in nature to the new Criminal Code which is restorative and rehabilitative in nature. The death penalty is made a special punishment and is threatened alternatively with other types of punishment, for example imprisonment for 20 years or life imprisonment. The death penalty can also be carried out through a probationary period.
Circumstantial Evidence in Criminal Proof: Is It Reliable? Arifuddin Arifuddin; Hariman Satria; Faisal Abdaud
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.5130

Abstract

Proof is the backbone of criminal justice. Because any party who lacks evidence will lose in the court decision. In current judicial practice in Indonesia, there is a lot of discussion about indirect evidence. This term originates from the common law criminal law doctrine and is starting to be used by Indonesian academics when explaining criminal cases in court. The results of the study show that normatively, the Criminal Procedure Code does not recognize the distribution of evidence, either direct or indirect. In criminal justice practice, indirect evidence can be seen in its functionalization in two decisions, namely decision Number 498K/PID/2017. Indirect evidence used is in the form of: witness statements, expert statements, letters and instructions. Furthermore, decision Number 1813K/PID.SUS/2016. The indirect evidence used is documentary evidence and statements from several witnesses. In order not to cause errors in practice, direct evidence must be prioritized, not the other way around.
Corporate Mining Offences: Assessing The Interpretation of Ultimum Remedium Lestari, Ida Ayu Sridiah; Satria, Hariman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5169

Abstract

The principle of ultimum remedium in criminal law is more accurately referred to as a moral principle for legislators (legislative ethics) so that they can think about whether or not an act needs to be criminalized, including the threat of criminal sanctions. Normatively, in Indonesian criminal law the principle of ultimum remedium is strictly regulated in Article 100 and the general explanation of point 5 of the PPLH Law. In the Minerba Law, the principle of ultimum remedium is not normative. In decision Number 46/Pid.B/LH/2021/PT Kdi, it is implied that a corporate crime occurred by the defendant PT Bososi Pratama. The panel of judges acquitted the defendant PT Bososi Pratama by interpreting the principle of ultimum remedium. This interpretation emerged because the position of criminal sanctions in the Mineral and Coal Law is still unclear, whether as ultimum remedium or primum remedium.
Criminological Study on Money Politics Crime in Elections: An Alternative Solution Taksir, Yuli Rahayu; Satria, Hariman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5762

Abstract

The massive of money politics offence can be seen by data from the Indonesian Police and Bawaslu that in the 2019 Election there were 35 cases of money politics spread across 13 provinces. What is surprising is the research results from LIPI that more than 30% of voters believe that money politics is part of the democratic process so that it becomes something natural. In this context, there is a kind of urgency that forces a serious study of the money politics offences. The problem of this research is how money politics offences when viewed from a criminological perspective? This study uses a socio-legal research method, namely looking at legal problems with an interdisciplinary theoretical and methodological approach. The results of the study are as follows: (1) the positive paradigm refers to the consensus perspective, viewing the money politics offences as an action that is contrary to the consensus that has been agreed upon between the community represented by the legislature and executive. (2) the interactionist paradigms which departs from a pluralist perspective, viewing money politics offences as a reaction from society in the form of stigmatization of perpetrators of money politics. (3) the socialist paradigm which refers to the conflict perspective. That the money politics offences is seen as a disagreement of the perpetrators with the provisions that have been ratified by the state, in this case the Election Law. When connected with criminology theory, money politics offences is related to two theories, namely the anomie theory and the theory of social ties. It is recommended that in making policies regarding the Election, the government and legislation need to be based on criminology findings regarding the causes and effects of money politics offences
Co-Authors Abdaud, Faisal Adianto Adianto Al Yusak, Fatwa Alasman Mpesau Arifuddin Arifuddin Dagani, Gamlan Irmansah, Irmansah Kamaruddin Kamaruddin Lestari, Ida Ayu Sridiah Mafardin Mafardin Rosman Ahmad Setiawan, Endi Taksir, Yuli Rahayu Topo Santoso