Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Reformasi Hukum Trisakti
Santo Reynaldo
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
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 | Full PDF (290.203 KB) | DOI: 10.25105/refor.v4i5.15131

Abstract

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.
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

Abstract

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.
Co-Authors Vience Ratna Multiwijaya