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All Journal International Journal of Social Service and Research Reformasi Hukum Trisakti Amicus Curiae Jurnal De Lege Ferenda Trisakti
Setiyono Setiyono
Faculty Of Law, Universitas Trisakti, Jakarta, Indonesia
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Amicus Curiae

 1 
PENDAMPINGAN PENASIHAT HUKUM TERHADAP TERDAKWA HUKUMAN PIDANA PENJARA DI ATAS 5 TAHUN : Legal Counsel Assistance For Defendants With Prison Sentences Exceeding 5 Years Anggi Erika Christina; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19519

Abstract

Defendants who are sentenced to imprisonment for more than 5 years have the right to be accompanied by legal counsel. The formulation of the problem raised concerns the reason in examining the accused at the trial of a crime which carries a penalty of more than 5 (five) years in prison without beng accompanied by a legal adviser and the legal consequences of the decision handed down to the accused Tito Ariyanto who was examined and sentenced without beng accompanied by a legal adviser . This research method uses reAArch types based on normative research referring to secondary data. The nature of the research is descriptive and drawing conclusions using deductive methods. The results of the research and discussion, namely the actions of the defendant as a delivery agent for crystal methamphetamine/ecstasy were sentenced to imprisonment for 9 (nine) years without beng accompanied by legal counsel, so the conclusion of this investigation, the legal consequences caused by the defendant not beng accompanied by legal counsel, were not clearly explained by the law, but if you see several decisions of the Supreme Court then it becomes procedural law, that it is explained that if the defendant is not accompanied by legal counsel, then all legal products produced are null and void and contain legal defects
ANALISIS PUBLIKASI PUTUSAN HUKUM YANG MEMUAT IDENTITAS ANAK YANG BERHADAPAN DENGAN HUKUM: Analysis of the Publication of Judges’ Decisions Containing the Identity of Children in Conflict with the Law Putu Angel Putri Danasari; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19558

Abstract

Abstract  In accordance with the applicable guidelines, children who have problems with the law cannot publish their identities in court decisions that are disseminated on paper or electronic media. However, there is a judge’s decision that publishes the child’s identity. This article raises the issue of whether the publication of judge’s decisions containing the identity of a child violates Law Number. 11 of 2012 and the Decree of the Chief Justice of the Supreme Court Number: 1-144/KMA/SK/I/2011 and what are the legal consequences for the publication of a judge’s decision containing the identity of a child in conflict with the law. The research was conducted normatively based on secondary data and primary data. Data analysis was carried out descriptively and conclusions were drawn using deductive methods. Based on the analysis, it can be concluded that the judge’s decision to publish the identity of a child in conflict with the law has violated Article 3 letter I in conjuction with Article 19 Paragraph (1) of law Number 11 of 2012 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number: 1-144/KMA/SK/I/2011. Children who suffer losses as result of their identity being published can file a civil lawsuit to obtain compensation.
PUTUSAN BEBAS YANG TIDAK MEMPERTIMBANGKAN ALAT BUKTI DALAM PERSIDANGAN PERKARA TINDAK PIDANA: Acquittal Decision Not Considering Evidence in Trial of Fraud Crime Cases Aura Azahra; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19597

Abstract

Acquittal Deicision is a deicision that proveis that the guilt charged to defeindant has not been provein legally and convincingly guilty. Thei probleim in this study is thei consideration of evideince in the acquittal dictum and eivideintiary poweir eiach evideince in a crimei fileid by the public prosecutor. Based on the probleim it was found that there was a discrepancy in the consideiration of evideincei in the acquittal dictum where in fact the evideince submitteid and examineid in thei trial had met the two minimum principleis of eivideincei and fulfilleid thei two eleimeints of the articlei one hundreid eiighty fivei seiction six of thei Criminal Procedure Code and thei streingth of the evideince submitted and examined is containeid in Article one hundreid eighty four section one of the Criminal Procedure Code. The reseiarch method used is normative juridical by conducting qualitative data analysis.
PRAPERADILAN JULIET ASRIL SEBAGAI TERSANGKA PIDANA KORUPSI (PUTUSAN NOMOR 3/PID.PRA/2021/PN.TPG): Juliet Asril Pretrial as a Criminal Suspect of Corruption (Decision Number 3/Pid.Pra/2021/PN.Tpg) Bernandia Hamsyah Dinanti; Setiyono
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19609

Abstract

Pretrial Request Number 3/Pid.Pra/2021/PN.Tpg from the Tanjung Pinang District Court, citing expiration as the basis for the request. This study focuses on how Pre-trial object arrangements are governed by the Criminal Procedure Code in relation to the Constitutional Court's decision No. 21/PUU-XII/2014 and whether the legal considerations and dictum of the Pretrial decision No. 3/Pid.Pra/2021/PN.Tpg were in accordance with the provisions of the Criminal Procedure Code and the Constitutional Court's decision No. 21/PUU-XII/2014. The author conducted normative research in order to respond to this query. Data management is conducted qualitatively, with reference to secondary data or library materials, while analysis and conclusion-drawing are qualitatively descriptive and deductive, respectively. Conclusions drawn from the research and discussion are that the legal considerations and the judge's dictum in Tanjungpinang District Pre-Trial Case Number 3/Pid.Pra/2021/PN.Tpg are not appropriate because there are only two grounds for determining a suspect: the allegation that the suspect committed a crime and the existence of sufficient preliminary evidence.
Co-Authors Alwan Rasyid Naufal Anggi Erika Christina Aura Azahra Bernandia Hamsyah Dinanti Candra Aries Priyendi Dian Natasha Dinda Keumala Eriyantouw Wahid Hafizhah Azzahra I Komang Suka’arsana Khairani Bakri Mega Mustika Noviyanti Nada Samyra Nafisha Maudyna Putu Angel Putri Danasari Sugeng Supartono