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nusa, aprianto
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Law, Crime, Criminology & Criminal Justice Library & Information Science

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Criminal Aggravation for Perpetrators of Sexual Violence Crimes nusa, aprianto; Umar P; Vicky Ibrahim; Yetti S Hasan
Journal Equity of Law and Governance Vol. 4 No. 1
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.4.1.9576.190-197

Abstract

The policy of aggravating perpetrators is to show the state's firm stance towards committing crimes of sexual violence. In reality, various punishments for sexual violence are not in line with the objectives of sexual punishment which regulate serious criminal sanctions for perpetrators of sexual violence. The perpetrator benefits from a decision that does not have a deterrent effect. The judge's consideration of imposing a sentence by taking into account the victim's role in the crime (precipitation victim) provides an opportunity for the judge to reduce the sentence of the perpetrator even though the concept of victim precipitation should be interpreted as a crime mitigation mechanism to minimize the risk of victimization. Therefore, this research aims to provide an overview of the criminal aggravation regulations, both those regulated in the Special Law on Sexual Violence and the new Criminal Code, as well as repositioning the meaning of victimization so that it does not become the basis for reducing criminal acts for perpetrators of sexual violence crimes. This research uses a socio-legal research approach with literature study techniques and in-depth interviews. The results of this research show that the concept of criminal enforcement regulated in Law No. 12/2022 concerning Crimes of Sexual Violence contains the threat of serious criminal and criminal aggravation, however this provision does not regulate the pattern of special minimum criminal threats (minima straf) while in Law No. 1 /2023 concerning the Criminal Code as a lex generalis regulates the concept of criminal punishment which can be considered as criminal aggravation, for example deelneming, concursus, and recidive
Analisis Pengabulan Izin Poligami Dengan Alasan Menghamili Calon Istri Kedua (Putusan Pengadilan Agama Perkara Nomor 556/Pdt.G/2021/PA.Gorontalo Hasan, Tia; Nusa, Aprianto; Arpin, Arpin; Aliyas, Aliyas
Unisan Law Review Vol 10 No 1 (2025): April
Publisher : Fakultas Hukum Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37195/ulr.v10i1.1018

Abstract

As for the results of the research (1), the judge's considerations regarding the granting of polygamy were based on juridical considerations, namely that the panel of judges granted their decision because of the applicant's acknowledgment that he was able to support his wife, act fairly, and take responsibility for his actions in causing the prospective second wife to become pregnant. Furthermore, the sociological consideration is that the judge in deciding the case regarding the application for polygamy due to pregnancy out of wedlock which has fulfilled the requirements for polygamy (2) There are three legal consequences in granting the application for a polygamy permit. Firstly, the parties referred to here are the husband, first wife and second wife who have responsibilities, rights and obligations according to the same roles. The second is that the position of children is the same as long as the child is from a valid marriage or the legal status of a child born outside of a valid marriage has been validated. And the third is regarding property, namely that the second wife cannot inherit the assets inherited from the first wife with the rules in Islamic. Judges should always be careful in deciding a case because people will think it is very easy of a request for permission for polygamy at the Religious Court is quite reasonable because of pregnancy.
Co-Authors Aliyas Aliyas Arpin, Arpin Hasan, Tia Umar P Vicky Ibrahim Yetti S Hasan