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All Journal eScience Humanity Journal Rechtsnormen Journal of Law HORIZON PUBLIC LEGAL STUDIES COMPENDIUM OF JUDGE MADE LAW
Cindrapole, Andi Cakra
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Arts Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : COMPENDIUM OF JUDGE MADE LAW

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Forced Defense (Noodweer) in Sexual Violence Crimes Akzanti, Andi Nurwiratma; Pawennei, Mulyati; Cindrapole, Andi Cakra
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 1 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/yeytnd35

Abstract

This study aims to determine and analyze whether the application of criminal law from the perpetrator of forced defense in decision no. 1 / Pid.Sus-Anak / 2020 / PN Kpn.This study uses a Normative research method, namely discussing the legal materials that have been obtained by referring to the existing theoretical basis.The results of this study indicate the results of the judge's decision that the legal fact was not revealed that the defendant committed his actions under duress to defend himself or others as regulated in Article 49 of the Criminal Code and the defendant was charged with Article 351 Paragraph 3 of the Criminal Code.The recommendation of this study refers to the consideration of the judge as a law enforcer, to pay more attention to everyone who carries out a forced defense, in the event of a criminal act, the perpetrator of the forced defense can bravely explain the actual incident to the person concerned, namely the police as law enforcer for the actions committed.
Contempt of Court in Judicial Practice Zul Abdi, Muhammad Iqbal; Assaad, Andi Istiqlal; Cindrapole, Andi Cakra
COMPENDIUM OF JUDGE MADE LAW Vol. 1 No. 2 (2025): Compendium of Judge Made Law
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/h2wxhm39

Abstract

This study aims to determine and analyze the forms of contempt that can be categorized as contempt of court in the legal perspective in Indonesia. To determine and analyze the legal basis that regulates contempt of court in the legal system in Indonesia. This study uses the research method used is the Normative research method, namely a legal research method that is sourced from regulatory and secondary document data in the form of collection from library and tertiary materials which are documents containing concepts and information such as dictionaries. The results of this study indicate that 1) Contempt of court is a form of violation of the honor, dignity, and authority of the court, whether carried out inside or outside the courtroom, which can hinder the judicial process and damage public confidence in the judicial system. Enforcement of contempt of court is important to protect the authority and dignity of the judicial institution, so that the court can carry out its judicial functions fairly, without pressure or interference from any party. This act can be a real action or a statement delivered inside or outside the court that can affect the course of the trial or legal process. The act of contempt of court is regulated in statutory regulations, 2) although there are no rules that specifically regulate it, several articles in the Criminal Code regulate the issue of contempt of court such as articles 207, 217, 224 and so on. This research recommendation states that there is a need for more stringent and detailed regulations in the law regarding contempt of court, so that there is legal certainty in taking action against violations of the dignity and authority of the court.
Co-Authors Akzanti, Andi Nurwiratma Anwar, Hairul Kifly Assaad, Andi Istiqlal Lestahulu, Ridwan Fauzy Pawennei, Mulyati Ramadhan, Muhammad Fauzi Rosmini, Siti Rosmini, Sitti Yusep Mulyana Zul Abdi, Muhammad Iqbal ZURAIDAH ZURAIDAH