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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Realism: Law Review
Masrita, Wanda Eka Sri
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Keterangan Saksi Dalam Pembuatan Putusan Pidana Berkaitan Dengan Pasal 169 KUHAP (Studi Putusan Nomor: 575/Pid.B/2020/PN Cbi) Masrita, Wanda Eka Sri; Tanuwijaya, Fanny; Samosir, Samuel Saut Martua
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 1 (2024): June 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i1.6390

Abstract

A court decision is a judge's statement regarding the criminal justice process issued by the court. The verdict contains all the facts and circumstances related to the evidence and the judge's considerations at the trial. One of the pieces of evidence is witness testimony. The position of witness testimony occupies the first position in the hierarchy of Article 184 of the Criminal Procedure Code. Then how can a witness who is still in a husband and wife relationship with the defendant be used as evidence? However, the verdict is not explained explicitly in accordance with the provisions of Article 169 of the Criminal Procedure Code. If the verdict is not explained in detail, it will cause ambiguity. The author uses a normative legal research method with a statutory and conceptual approach. The verdict does not explicitly state that the witness has received approval from the public prosecutor and the defendant and the witness want it. Based on the provisions of Article 168 letter c of the Criminal Procedure Code, the testimony of a wife or husband who has a relationship with the defendant cannot be heard and can be withdrawn. A good verdict, the judge in his considerations must explain the facts and circumstances accompanied by evidence that proves the defendant's guilt. The results of this study are that a good verdict must contain all the facts during the trial process to ensure justice, certainty and benefit to the community.
KONSEP TINDAK PIDANA PEMBUNUHAN BIASA DAN PEMBUNUHAN BERENCANA DALAM KATEGORI KEJAHATAN TERHADAP NYAWA Masrita, Wanda Eka Sri; Fanny Tanuwijaya; Samuel Saut Martua Samosir
Realism: Law Review Vol. 2 No. 3 (2024): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v2i3.37

Abstract

The crime of murder is included in the category of crimes against life. The qualifications for the crime of murder consist several forms listed in Articles 338-350 of the KUHP. Broadly speaking, forms of murder are divided into two, the crime of ordinary murder and the crime of premeditated murder. These two forms of criminal acts of murder have differences, namely in the element of planning. The provisions of Article 338 of the Criminal Code explain murder in basic form, namely the intentional killing of another person. Meanwhile, Article 340 of the Criminal Code explains the deliberate taking of another person's life which is preceded by a plan. However, the meaning planning element in the Criminal Code is not explained in detail. This needs to be studied further regarding the differences between ordinary murder and premeditated murder. In analyzing this research, the author uses a normative juridical method with a statutory regulatory approach and a conceptual approach. The results of this research show that when it comes to planning elements, criminal events and the evidentiary process are seen which are linked to the theory of legal science doctrine applied by judges as a guide in making legal considerations in decisions
Co-Authors Fanny Tanuwijaya Fanny Tanuwijaya Samuel Saut Martua Samosir