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TINDAK PIDANA PENCURIAN BERDASARKAN PASAL 363 AYAT 1 KE-4 (PUTUSAN NOMOR 50/PID.B/2020/PN.JKT.TIM) Muhammad Daffa Rianto; Fachri Bey
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Research findings on the crime of theft based on Fourth paragraph of Article 363. The current passage hardly complies with the Criminal Code's Article 363 paragraph 1 fifth. At the time of the aforementioned crime, which was committed with the participant's assistance rather than using the forged-based key described in Article 100 of the Criminal Code, law enforcement officials were not aware of modern technology. Because perpetrating a theft necessitates entering a specific location that qualifies for inclusion, i.e., a theft that is carried out by two or more people (Decision No. 50/Pid.B/2020/Pn.Jkt.Tim). The method of statistical analysis used to create scientific work in this case is normative statistical analysis, descriptive statistical analysis, data collection through literature studies, and statistical analysis using a qualitative approach so that the author can conclude that. The judge asserts that the 5th article 363 paragraph (1) is incorrect because.

TINJAUAN YURIDIS TINDAK PIDANA PERDAGANGAN ORANG DILAKUKAN SECARA BERSAMA-SAMA Sasqia Salsabilla; Fachri Bey
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In cases with the numbers 596/Pid.Sus/2021/PN Jkt Utr, 1449/Pid.Sus/2020/PN Sby, and Decision No. 440/Pid.Sus/2020 PN Cbi, it was established that the three defendants had engaged in human trafficking. The findings demonstrated that the defendant's actions in each of the three decisions were consistent with the charges made against him, but Case No. 596/Pid.Sus/2021/PN JKT UTR's application of Article 296 of the Criminal Code was improper because it did not take into account the lex specialis principle derogat legi generalis. The judge used a variety of theories when making the three decisions.

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA MEMBUAT SURAT PALSU SEOLAH SURAT ASLI Antonius; Fachri Bey
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

This research uses a legal-normative research method and the legal materials used in this research are primary legal materials consisting of criminal law books, court decision number 102/Pid.B/2020/PN Nga and also books as secondary legal materials, Circular Letter Number 04 of 2020, doctrine and an expert opinion. The results of the research illustrate that (1) the suspects were declared innocent because they did not fulfill all the elements contained in Article 263 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. The suspect were found guilty in Article 268 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. 2) The form of participation of the suspects based on Article 55 paragraph (1) of the Criminal Code, classified into members of the crime who took part in the act (medeplegen, mededader) together.

PERBANDINGAN HUKUM MENGENAI TINDAK PIDANA PENCURIAN MENURUT HUKUM INDONESIA DENGAN HUKUM IRLANDIA Irsyad Aditya Purnomo Putra; Fachri Bey
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The crime of stealing or the crime of theft is the type of crime that frequently occurs in society. Because there are so many distinct tribes and races in the Indonesian state, each with its own personalities and traits, crime must be closely watched. Like Indonesia, Ireland is not immune to theft-related crimes. How are the similarities and differences in the crime of stealing according to the Criminal Code and Criminal Justice Ireland is the formulation of the issue discussed in this study. While utilizing secondary data found through library research, the research approach adopts a normative juridical research type. Deductive reasoning was used to qualitatively examine secondary data. The study's findings, analysis, and recommendation, specifically the parallels, are in the findings of the study, along with the discussion and conclusion, show that while there are differences in the country's legal system, criminal penalties, the number of articles, how those articles are applied, and penalties for losing rights, there are similarities in the manner in which theft is committed, the losses incurred as a result of the crime, and the purpose of theft. Ireland and Indonesia have significantly distinct legal systems, with Ireland adhering to the common law system and Indonesia following the civil law system. Ireland, meanwhile, adheres to the common law system of law.

TINDAK PIDANA PENGANIAYAAN DIRENCANAKAN LEBIH DAHULU MENGAKIBATKAN KEMATIAN Rafli Andhika Wirananda; Fachri Bey
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The defendant felt sorry for the victim in this case because the defendant had known for 4 (four) years and 4 months that the victim had a relationship with the defendant's wife. As in this case, the defendant stabbed the victim one time at 15.00 WITA while committing the crime of persecution that was premeditated to result in death. According to the analysis and discussion conducted by the researchers, the defendant in this case should have been charged with violating Article 353, paragraph 3 of the Criminal Code, which relates to the events in Case Number 15/Pid.B/2021/PN. Bit. The issue is how the punishment for the persecutors of the crime of persecution was planned in advance, leading to the death of Case Number 15/Pid.B/2021/PN. Beets, and whether the perpetrator's actions satisfy the primary indictment under Article 338 of the Criminal Code. The research approach utilized is normative legal research, which has the characteristics of descriptive research and is qualitatively assessed with the use of secondary sources. The study's findings, analysis, and conclusion show that Jondry Kansil's acts satisfied every requirement of Article 353(3) of the Criminal Code, and the offender was sentenced under the combined sentencing theory.

TINDAK PIDANA PENCURIAN BERDASARKAN PASAL 363 AYAT 1 KE-4 (PUTUSAN NOMOR 50/PID.B/2020/PN.JKT.TIM) Muhammad Daffa Rianto; Fachri Bey
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13419

Research findings on the crime of theft based on Fourth paragraph of Article 363. The current passage hardly complies with the Criminal Code's Article 363 paragraph 1 fifth. At the time of the aforementioned crime, which was committed with the participant's assistance rather than using the forged-based key described in Article 100 of the Criminal Code, law enforcement officials were not aware of modern technology. Because perpetrating a theft necessitates entering a specific location that qualifies for inclusion, i.e., a theft that is carried out by two or more people (Decision No. 50/Pid.B/2020/Pn.Jkt.Tim). The method of statistical analysis used to create scientific work in this case is normative statistical analysis, descriptive statistical analysis, data collection through literature studies, and statistical analysis using a qualitative approach so that the author can conclude that. The judge asserts that the 5th article 363 paragraph (1) is incorrect because.

TINJAUAN YURIDIS TINDAK PIDANA PERDAGANGAN ORANG DILAKUKAN SECARA BERSAMA-SAMA Sasqia Salsabilla; Fachri Bey
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13422

In cases with the numbers 596/Pid.Sus/2021/PN Jkt Utr, 1449/Pid.Sus/2020/PN Sby, and Decision No. 440/Pid.Sus/2020 PN Cbi, it was established that the three defendants had engaged in human trafficking. The findings demonstrated that the defendant's actions in each of the three decisions were consistent with the charges made against him, but Case No. 596/Pid.Sus/2021/PN JKT UTR's application of Article 296 of the Criminal Code was improper because it did not take into account the lex specialis principle derogat legi generalis. The judge used a variety of theories when making the three decisions.

PERTANGGUNGJAWABAN PIDANA PELAKU TINDAK PIDANA MEMBUAT SURAT PALSU SEOLAH SURAT ASLI Antonius; Fachri Bey
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15042

This research uses a legal-normative research method and the legal materials used in this research are primary legal materials consisting of criminal law books, court decision number 102/Pid.B/2020/PN Nga and also books as secondary legal materials, Circular Letter Number 04 of 2020, doctrine and an expert opinion. The results of the research illustrate that (1) the suspects were declared innocent because they did not fulfill all the elements contained in Article 263 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. The suspect were found guilty in Article 268 paragraph (1) Jo. Article 55 paragraph (1) 1st of the Criminal Code. 2) The form of participation of the suspects based on Article 55 paragraph (1) of the Criminal Code, classified into members of the crime who took part in the act (medeplegen, mededader) together.

PERBANDINGAN HUKUM MENGENAI TINDAK PIDANA PENCURIAN MENURUT HUKUM INDONESIA DENGAN HUKUM IRLANDIA Irsyad Aditya Purnomo Putra; Fachri Bey
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15089

The crime of stealing or the crime of theft is the type of crime that frequently occurs in society. Because there are so many distinct tribes and races in the Indonesian state, each with its own personalities and traits, crime must be closely watched. Like Indonesia, Ireland is not immune to theft-related crimes. How are the similarities and differences in the crime of stealing according to the Criminal Code and Criminal Justice Ireland is the formulation of the issue discussed in this study. While utilizing secondary data found through library research, the research approach adopts a normative juridical research type. Deductive reasoning was used to qualitatively examine secondary data. The study's findings, analysis, and recommendation, specifically the parallels, are in the findings of the study, along with the discussion and conclusion, show that while there are differences in the country's legal system, criminal penalties, the number of articles, how those articles are applied, and penalties for losing rights, there are similarities in the manner in which theft is committed, the losses incurred as a result of the crime, and the purpose of theft. Ireland and Indonesia have significantly distinct legal systems, with Ireland adhering to the common law system and Indonesia following the civil law system. Ireland, meanwhile, adheres to the common law system of law.

TINDAK PIDANA PENGANIAYAAN DIRENCANAKAN LEBIH DAHULU MENGAKIBATKAN KEMATIAN Rafli Andhika Wirananda; Fachri Bey
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15128

The defendant felt sorry for the victim in this case because the defendant had known for 4 (four) years and 4 months that the victim had a relationship with the defendant's wife. As in this case, the defendant stabbed the victim one time at 15.00 WITA while committing the crime of persecution that was premeditated to result in death. According to the analysis and discussion conducted by the researchers, the defendant in this case should have been charged with violating Article 353, paragraph 3 of the Criminal Code, which relates to the events in Case Number 15/Pid.B/2021/PN. Bit. The issue is how the punishment for the persecutors of the crime of persecution was planned in advance, leading to the death of Case Number 15/Pid.B/2021/PN. Beets, and whether the perpetrator's actions satisfy the primary indictment under Article 338 of the Criminal Code. The research approach utilized is normative legal research, which has the characteristics of descriptive research and is qualitatively assessed with the use of secondary sources. The study's findings, analysis, and conclusion show that Jondry Kansil's acts satisfied every requirement of Article 353(3) of the Criminal Code, and the offender was sentenced under the combined sentencing theory.

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