Claim Missing Document
Check
Articles

Found 4 Documents
Search

JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) windy ratna yulifa; aris prio agus santoso; aryono aryono
Khairun Law Journal Vol 6, No 2 (2023): MARET 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

Abstract

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.
JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) Windy Ratna Yulifa; Aris Prio agus Santoso; Aryono Aryono
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

Abstract

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.
JURIDICAL ANALYSIS OF THE CRIME OF ABORTION (STUDY OF DECISION NUMBER 40/PID.B/2020/PNWNO) Windy Ratna Yulifa; Aris Prio agus Santoso; Aryono Aryono
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6538

Abstract

This study aims to find out the judge's considerations in decision Number 40/Pid.B/2020/PN Wno and to find out the decision in case Number 40/Pid.B/2020/PN Wno in terms of positive law in Indonesia. The type of research used in this study is normative legal research or library research with 3 approaches, namely the statutory approach, the case approach and the conceptual approach. The results of this study indicate that the basis for the judge's considerations in imposing a sentence on the case referred to in the judge's decision Number 40/Pid.B/2020/PN Wno is juridical in nature consisting of the public prosecutor's indictment, witness testimony, defendant's statement, evidence, and Apart from that, the articles in the criminal code are non-juridical in nature, namely the reason for the defendant's actions and the consequences of the defendant's actions. That the crime of abortion has violated the provisions of Article 346 of the Criminal Code, this can be seen because the elements in accordance with that article have been fulfilled. Because of the above considerations, the judge decided that the defendant was found guilty so that the defendant had to serve a prison sentence of 1 year and 10 months.
Pertimbangan Hakim dalam Dispensasi Kawin Ditinjau dari UU Nomor 16 Tahun 2019 dan Perma Nomor 5 Tahun 2019 : Putusan 34/Pdt.P/2026/PA.SR Nita Andinia Tri Pramesti; Aryono Aryono; Muhamad Habib
Dewantara : Jurnal Pendidikan Sosial Humaniora Vol. 5 No. 3 (2026): September: Dewantara : Jurnal Pendidikan Sosial Humaniora
Publisher : Universitas 45 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30640/dewantara.v5i3.7621

Abstract

Child marriage remains one of the most persistent legal and social problems in Indonesia, despite the enactment of Law Number 16 of 2019 on Marriage, which raised the minimum marriage age to 19 years for both sexes, and Supreme Court Regulation (PERMA) Number 5 of 2019, which requires judges to prioritize the best interest of the child when examining marriage dispensation petitions. This study examines how a judge builds legal reasoning when granting such a petition, using Decision Number 34/Pdt.P/2026/PA.SR issued by the Sragen Religious Court as the object of analysis. A normative juridical method is applied, combined with statute, case, and conceptual approaches, and the data are analyzed descriptively and qualitatively by connecting the decision with the two legal instruments above, Gustav Radbruch's theory of legal certainty, and Philipus M. Hadjon's theory of legal protection. The findings show that the judge's assessment of the urgent reason requirement rests mainly on the fact of pregnancy, which is procedurally consistent with both instruments, while the assessment of the parties' readiness stops largely at administrative and procedural fulfillment. The decision has not yet placed the administrative legal protection of the unborn child, including birth registration and paternity recognition, as an explicit basis for granting the dispensation. The study recommends that judges elaborate more thoroughly on post-marriage risk mitigation and that the Supreme Court issue clearer technical guidance on the meaning of urgent reason to reduce disparity among judges.