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ANALISIS YURIDIS PERCOBAAN TINDAK PIDANA PERKOSAAN (STUDI KASUS PUTUSAN NOMOR 87/PID.B/2021/PN.MRH) Talitha Damayanti; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Just as the defendant was about to begin his crime, the victim awoke from his nap, shoved the defendant, and yelled, causing the defendant to flee. Are the defendant's activities in compliance with Article 289 of the Criminal Code (Decision No. 87/Pid.B/2021/PN. Mrh) or not? is the first major concern addressed by the author. 2. How is attempted rape punished under Decision Number 87/Pid.B/2021/PN Mrh? This research is descriptive-analytic, and normative legal research. Data gathering makes use of secondary data obtained through literature studies and the data is processed qualitatively using deductive conclusion. The conclusions of this study: in the Judge's Decision Number 87/Pid.B/2021/PN. Mrh, the judge sentenced the defendant with Article 289 of the Criminal Code incorrectly because according to the facts in the trial the defendant fulfilled the elements of Article 53 paragraph (1) in conjunction with Article 285 of the Criminal Code 2) and the defendant was more appropriately charged with Article 285 in conjunction with Article 53 of the Criminal Code, therefore it should be said that an attempted rape with a prison sentence must be reduced by one third of the principal sentence, namely 12 years - 1/3 = 8 years not 7 years.

SANKSI PIDANA TINDAK PIDANA PENGANIAYAAN DENGAN RENCANA TERLEBIH DAHULU (PUTUSAN NO. 209/PID.B/2021/PN.JKT.BRT) Clara Ayuningtyas Paramitha; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The defendant, Abdul Jabar bin Iyep Efendi, committed the act of assault that resulted in the victim's serious injury, which was committed by abusing the victim by using a wrench on the victim's head. This action constitutes the criminal sanction for the crime of maltreatment with prior planning. The issue is whether the perpetrators of the crime of persecution with prior planning comply with Article 351, Paragraph 2 of the Criminal Code (Decision Number 209/Pid.B/2021/PN.Jkt.Brt), and whether the punishment in Decision Number 209/Pid.B/2021/PN.Jkt.Brt is consistent with the intended sentence. The data source is secondary, and the study method is normative and descriptive-analytical in character. Secondary data are used as the data source, and deductive reasoning is used to draw conclusions while conducting qualitative data analysis and literature reviews. The findings of the study, the discussion, and the conclusion show that the perpetrator's actions do not fit the criteria in Article 351, paragraph 2, of the Criminal Code because they involved premeditation on their part, and the judge's sentence for the defendant fits the criteria for punishment, namely 3R and 1D.

TINDAK PIDANA KEKERASAN FISIK TERHADAP ISTRI YANG TIDAK MENGGANGGU AKTIVITAS KORBAN Santo Reynaldo; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In the matter addressed in Decision Number 3/Pid.Sus/2020/PN.Lss, a woman was physically abused in the home without the victim's participation. The issue in this case is how judges decide whether to convict someone for using physical force against their wife while she is a household member in accordance with Article 44 Jo. Article 5 Law No. 23 of 2004 regarding the abolition of domestic violence (Case Study of Decision Number 3/Pid.Sus/2020/Pn.Lss), and why judges do not impose conditional sentences on those who commit such crimes. The research approach is normative legal research, which is descriptive and analytical. It uses primary data collected through interviews and secondary data gleaned through literature studies. The data is processed qualitatively by making logical deductions. The study's findings, analysis, and conclusion show that the judge, when weighing the evidence, accords little weight to the theories of balance and ratio decidendi. The judge's conditional ruling is the result of the judge's belief that whoever commits the offense must bear responsibility and that the defendant has been deterred by the judge's decision to sentence the defendant to six months in prison.

PERTIMBANGAN HAKIM MEMUTUS BEBAS TINDAK PENGANIAYAAN PASAL 351 (1) KUHP (PUTUSAN NO: 301/PID.B/2020/PN.SBG) Azra Sulaiman; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The high level of heavy persecution occurs for various reasons, including the desire to get something, lack of social control in society, problems that cause hostility between perpetrators and victims, individuals who cannot control their emotions, prejudice against others, humiliated or harassed and feeling betrayed by the perpetrator. The problems in this research are whether the defendant's actions is in accordance with the elements in Article 351 paragraph (1) of the Criminal Code or not and what is the judge's verdict for the perpetrators of the crime of persecution? (Court Decision Number 301/Pid.B/2020/PN Sbg). To answer the problems, the research conducted in normative and descriptive analytical legal research by using secondary data. The conclusions: the verdict was the defendant was acquitted, meaning the decision is not having a deterrent effect on the defendant. Based on the analysis of the subject matter, it should be in the judge's consideration that it was proven that the defendant commited the crime and the judge should give a sentencing decision and the defendant should have been sentenced guilty that the defendant committed the crime of persecution under Article 351 paragraph (1) of the Criminal Code.

TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR 92/PID/2021/PT.JAP) Celine Wiranata; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15256

The defendant, Otis Faskar Charkes Arera alias Otis, first committed violence by threatening the victim with a knife strapped around the victim's neck and in front of the victim's child. This threat was made in order to take the victim's property, which belonged to another person. Decision Study No. 92/PID/2021/PT Research Jap. The researcher poses the question: In light of Article 365, paragraphs 2 and 3, of the Criminal Code, are the actions of those who commit the crime of stealing with violence legitimate or not? This study employs a descriptive analytic normative research design and relies solely on secondary data, including main legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively and then uses deductive logic in drawing conclusions. The conclusion of this study, namely that the actions of the perpetrators of the crime of theft with violence are inappropriate based on Article 365 paragraph (2) 1st and 3rd. Suggestions from this study, namely that investigators should in determining the article used as the basis must look at the facts based on Article 365 paragraph 1 in conjunction with paragraph 2 1st and 3rd of the Criminal Code.

- TINDAK PIDANA MENYEBARKAN BERITA BOHONG MERUGIKAN KONSUMEN DALAM TRANSAKSI ELEKTRONIK SECARA BERSAMA-SAMA: - Muhammad Daffa Zacky Parnanda; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16758

By setting up fake virtual accounts using a BCA account in the name of Michael Lisardo, the defendant allowed Sunandar to send fictitious bills to consumers where the defendant worked on behalf of Michael Lisardo and Sunandar, who were fired from an online lending company. The funds are then utilised for individual advantage. The issue's description is as follows: Does the defendant's behavior fall within the parameters of Article 28 Paragraph (1) and Article 45 Paragraph (2) of Law No. 19 of 2016, which amended Law No. 11 of 2008, and how those who commit TP crimes spread false and misleading information during electronic transactions at the expense of all consumers? Two types of data are used in the research method: primary and secondary employing inductive reasoning and qualitative methods. The findings of the investigation and discussions revealed that the defendant's activities did not comport with the judgment that had been rendered against him. The study's findings suggest that since the punishment that was imposed not proper for the defendant's conduct, investigators should exercise greater caution when determining the defendant's punishments. This will help establish the principle of legal certainty and allow the defendant to pursue legal remedies.

ANALISIS YURIDIS PERCOBAAN TINDAK PIDANA PERKOSAAN (STUDI KASUS PUTUSAN NOMOR 87/PID.B/2021/PN.MRH) Talitha Damayanti; Vience Ratna Multiwijaya
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.v4i1.13424

Just as the defendant was about to begin his crime, the victim awoke from his nap, shoved the defendant, and yelled, causing the defendant to flee. Are the defendant's activities in compliance with Article 289 of the Criminal Code (Decision No. 87/Pid.B/2021/PN. Mrh) or not? is the first major concern addressed by the author. 2. How is attempted rape punished under Decision Number 87/Pid.B/2021/PN Mrh? This research is descriptive-analytic, and normative legal research. Data gathering makes use of secondary data obtained through literature studies and the data is processed qualitatively using deductive conclusion. The conclusions of this study: in the Judge's Decision Number 87/Pid.B/2021/PN. Mrh, the judge sentenced the defendant with Article 289 of the Criminal Code incorrectly because according to the facts in the trial the defendant fulfilled the elements of Article 53 paragraph (1) in conjunction with Article 285 of the Criminal Code 2) and the defendant was more appropriately charged with Article 285 in conjunction with Article 53 of the Criminal Code, therefore it should be said that an attempted rape with a prison sentence must be reduced by one third of the principal sentence, namely 12 years - 1/3 = 8 years not 7 years.

SANKSI PIDANA TINDAK PIDANA PENGANIAYAAN DENGAN RENCANA TERLEBIH DAHULU (PUTUSAN NO. 209/PID.B/2021/PN.JKT.BRT) Clara Ayuningtyas Paramitha; Vience Ratna Multiwijaya
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14111

The defendant, Abdul Jabar bin Iyep Efendi, committed the act of assault that resulted in the victim's serious injury, which was committed by abusing the victim by using a wrench on the victim's head. This action constitutes the criminal sanction for the crime of maltreatment with prior planning. The issue is whether the perpetrators of the crime of persecution with prior planning comply with Article 351, Paragraph 2 of the Criminal Code (Decision Number 209/Pid.B/2021/PN.Jkt.Brt), and whether the punishment in Decision Number 209/Pid.B/2021/PN.Jkt.Brt is consistent with the intended sentence. The data source is secondary, and the study method is normative and descriptive-analytical in character. Secondary data are used as the data source, and deductive reasoning is used to draw conclusions while conducting qualitative data analysis and literature reviews. The findings of the study, the discussion, and the conclusion show that the perpetrator's actions do not fit the criteria in Article 351, paragraph 2, of the Criminal Code because they involved premeditation on their part, and the judge's sentence for the defendant fits the criteria for punishment, namely 3R and 1D.

TINDAK PIDANA KEKERASAN FISIK TERHADAP ISTRI YANG TIDAK MENGGANGGU AKTIVITAS KORBAN Santo Reynaldo; Vience Ratna Multiwijaya
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.v4i5.15131

In the matter addressed in Decision Number 3/Pid.Sus/2020/PN.Lss, a woman was physically abused in the home without the victim's participation. The issue in this case is how judges decide whether to convict someone for using physical force against their wife while she is a household member in accordance with Article 44 Jo. Article 5 Law No. 23 of 2004 regarding the abolition of domestic violence (Case Study of Decision Number 3/Pid.Sus/2020/Pn.Lss), and why judges do not impose conditional sentences on those who commit such crimes. The research approach is normative legal research, which is descriptive and analytical. It uses primary data collected through interviews and secondary data gleaned through literature studies. The data is processed qualitatively by making logical deductions. The study's findings, analysis, and conclusion show that the judge, when weighing the evidence, accords little weight to the theories of balance and ratio decidendi. The judge's conditional ruling is the result of the judge's belief that whoever commits the offense must bear responsibility and that the defendant has been deterred by the judge's decision to sentence the defendant to six months in prison.

PERTIMBANGAN HAKIM MEMUTUS BEBAS TINDAK PENGANIAYAAN PASAL 351 (1) KUHP (PUTUSAN NO: 301/PID.B/2020/PN.SBG) Azra Sulaiman; Vience Ratna Multiwijaya
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.v4i6.15210

The high level of heavy persecution occurs for various reasons, including the desire to get something, lack of social control in society, problems that cause hostility between perpetrators and victims, individuals who cannot control their emotions, prejudice against others, humiliated or harassed and feeling betrayed by the perpetrator. The problems in this research are whether the defendant's actions is in accordance with the elements in Article 351 paragraph (1) of the Criminal Code or not and what is the judge's verdict for the perpetrators of the crime of persecution? (Court Decision Number 301/Pid.B/2020/PN Sbg). To answer the problems, the research conducted in normative and descriptive analytical legal research by using secondary data. The conclusions: the verdict was the defendant was acquitted, meaning the decision is not having a deterrent effect on the defendant. Based on the analysis of the subject matter, it should be in the judge's consideration that it was proven that the defendant commited the crime and the judge should give a sentencing decision and the defendant should have been sentenced guilty that the defendant committed the crime of persecution under Article 351 paragraph (1) of the Criminal Code.

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