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Tawang, Dian Adriawan Daeng
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Law, Crime, Criminology & Criminal Justice

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Journal : Amicus Curiae

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PERTIMBANGAN HAKIM DALAM PUTUSAN NO.10/PID.SUS-TPK/2021/PT.DKI.DIKAITKAN PENERAPAN PASAL 5 UU NOMOR.48 TAHUN 2009: Consideration Judges in Decision No.10/PID.SUS-TPK/2021/PT.DKI.Related of Article 5 of Law No. 48 2009 Sinaga, Cindy Clarance; Tawang, Dian Adriawan Daeng
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

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Abstract

The consideration of the DKI High Court judge in the Pinangki Malasari case which turned out to be not in accordance with the facts, and not in accordance with the provisions of Article 5 of Law No.48 of 2009. the formulation of the problem of how the judge's consideration in determining the verdict against the suspect in the crime of bribery in a corruption case in decision No. 10/PID.SUS.TPK/2021/PT and how the judge's consideration is related to the provisions in Article 5 of Law No. 48 of 2009. The rresearch method used is normative type, descriptive in nature, the main data is secondary data supported by interviews, how to collect data by literature study and interviews, qualitative analysis and how to draw conclusions using the deductive method. The results and discussion of this study are that judges have not been able to realize a sense of justice in their decisions. The conclusion of the research is that the considerations given by the panel of judges at the appellate level are not in accordance with the fact. Suggestion: The panel of judges in the future in providing consideration matters both mitigating and aggravating must always pay attention to legal principles.
TINJAUAN YURIDIS TINDAK PIDANA PENGANIAYAAN BERENCANA YANG DIPUTUS PASAL 351 AYAT 2 KUHP (PUTUSAN NOMOR 155/PID.B/2021/PN KDL): Juridical Review Of The Planned Criminal Action Decisioned Article 351 Paragraph 2 Of The Criminal Code (Decision Number 155/Pid.B/2021/Pn Kdl) Bastari, Fuad Ahil; Tawang, Dian Adriawan Daeng
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/vnqy6344

Abstract

The title of this research is "Legal Analysis of the Crime of Persecution Planned in Decision Number 155/Pid.B/2021/PN Kdl". This research aims to evaluate whether the actions of the accused, Beni Agus Tono Bin Mundakir, can be considered premeditated maltreatment according to the Criminal Code's Article 353 Paragraph 2. Additionally, the judges' perspectives on this case's legal aspects will be discussed. The research is conducted using a normative approach and descriptive analysis method. Secondary sources, primarily literature studies, are utilized as data sources. The analysis concludes that the accused's actions do not fully meet the criteria for severe maltreatment according to Article 351 Paragraph 2 of the Criminal Code. However, they are more appropriate to be classified as premeditated maltreatment resulting in serious injury according to Article 353 Paragraph 2 of the Criminal Code, based on the legal facts and requirements during the trial process.
TINJAUAN YURIDIS TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN DENGAN RENCANA (PUT.108/PID.B/2020/PN.RHL): Juridical Review of The Crime of Murder Commited with a Plan (Study of Decision Number 109/Pid.B/2020/PN.RHL) Akbar, Muhammad Fakhri Zaki; Tawang, Dian Adriawan Daeng
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/ebmn1x98

Abstract

This research is entitled Juridical Review of the Crime of Murder Committed with a Plan (Put No.109/Pid.B/2020/PnRhl). There are 2 (two) main issues raised in this thesis, namely how the perpetrator'sactions comply with the elements of the offense in Article 340 of the Criminal Code and how the basis forjudges in deciding criminal cases of murder. This research is a juridical-normative research, the natureof the research is descriptive-analytical, data collection uses secondary data and primary materials, thisdata is carried out through library research methods. The actions carried out by the perpetrators are notappropriate if they are terminated by Article 338 of the Criminal Code concerning ordinary Murder,because the actions of the perpetrators were carried out with a prior plan in committing the Criminal Actof Murder, therefore the more appropriate Article to be used by the perpetrators is Article 340 of theCriminal Code concerning Murder which carried out with a plan in advance because the perpetrator'sactions have fulfilled the elements of the offense of Article 340 of the Criminal Code.
Co-Authors Akbar, Muhammad Fakhri Zaki Bastari, Fuad Ahil Grace Angelia Purba Samantha Gloria Hoetama Sinaga, Cindy Clarance