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All Journal Widya Yuridika JOURNAL EQUITABLE Unes Law Review
Putra Frans, Mardian
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Makna Yuridis Tindak Pidana Yang Sifatnya Ringan Dalam Konsep Judicial Pardon Ditinjau Berdasarkan Asas Legalitas Nazara, Imanuel; Burhanudin, Krisna; Putra Frans, Mardian
Widya Yuridika Vol 8 No 1 (2025): Law and Society
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v8i1.5573

Abstract

The legal issue of this research is the blurring of the juridical meaning of light criminal acts in the provision of forgiveness by a judge or what is also called Judicial Pardon which is contained in Article 54 Paragraph (2) of Law Number 1 of 2023 concerning the Criminal Code. This research analyzes in particular the explanation of Article 54 Paragraph (2) relating to the phrase contained in that Article, namely minor criminal acts. Indicators of an act as a light criminal act are not explained explicitly, such as benchmarks for the lightness of the act, the threat of punishment, and the threat of a fine in the Criminal Code, thereby giving rise to ambiguity or unclear meaning which can cause inequality in the application of punishment in criminal law. in Indonesia. This research is normative legal research which examines it based on positive law. The results of this research are that regarding the meaning of minor criminal acts in the judge's giving of forgiveness is not in accordance with the principle of legality, namely that there is unclear meaning. The aim of this research is to explore the meaning of minor criminal acts in giving forgiveness by judges based on the principle of legality.
Konflik Antara Hukum Adat dan Hukum Nasional: Kasus Kawin Tangkap di Sumba Djaga Mesa, Grendhard; Putra Frans, Mardian
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1717

Abstract

This study aims to investigate the conflict between customary and national laws in Sumba Barat Daya, particularly concerning the controversial practice of "kawin tangkap" (forced marriage). The primary objective is to analyze the impact and dynamics of this legal conflict, focusing on human rights violations, especially those affecting women, and to explore solutions to alleviate tensions between customary and national laws. The research methodology employs a qualitative approach, gathering data from various reliable online news sources, conducting interviews, and analyzing public opinions. Thematic data analysis is utilized to identify different perspectives, arguments, and policy implications. Thus, this research integrates legal, human rights, and policy perspectives on the legal conflict in Sumba Barat Daya, providing relevant policy recommendations to address the issues at hand.
THE APPLICATION OF ARTICLE 52 OF THE CRIMINAL CODE IN CORRUPTION DECISIONS (DECISION NUMBER 438K/PID. SUS/2021) Grand Pilar Sinukaban, Chalxhes; Putra Frans, Mardian
JOURNAL EQUITABLE Vol 11 No 2 (2026)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v11i2.10709

Abstract

The one-third criminal penalty according to Article 52 of the Criminal Code against Civil Servants who abuse their positions is an essential but often neglected criminal law instrument in Indonesian corruption justice practice. This normative research analyzes the application of Article 52 of the Criminal Code in the imposition of corruption crimes through a study of Decision Number 438 K/Pid.Sus/2021. The results of the study show that although the defendant, a functional prosecutor, is proven to have committed corruption by abusing his position and authority, the provisions of Article 52 of the Criminal Code are not applied to all levels of justice—from district courts, appeals, to cassation. The absence of the application of this article weakens the deterrent effect and is contrary to the principle of accountability of public officials. The findings indicate systematic errors in the implementation of the law that have an impact on the legitimacy of the decision. The application of Article 52 of the Criminal Code must be an imperative juridical obligation, not a facultative option, to realize substantive justice and proportionality of criminal sanctions against state apparatus who abuse their positions.
Co-Authors Burhanudin, Krisna Djaga Mesa, Grendhard Grand Pilar Sinukaban, Chalxhes Nazara, Imanuel