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All Journal Reformasi Hukum Trisakti Amicus Curiae
Maria Silvya Elisabeth Wangga
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Law, Crime, Criminology & Criminal Justice

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Journal : Amicus Curiae

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PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA DUMPING LIMBAH B3 (STUDI PUTUSAN NOMOR 164/PID.SUS/PN SDA): Imposition Of Criminal Sanctions On Perpetrators Of Hazardous Waste (B3) Dumping Crimes (Case Study Of Decision Number 164/Pid.Sus/Pn Sda) Muhammad Renaldy Lapaso; Maria Silvya Elisabeth Wangga
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.23027

Abstract

Environmental damage has become a global issue with widespread impacts, one of which is caused by the illegal disposal of hazardous and toxic (B3) waste. Strict regulations are necessary to enforce sanctions against perpetrators of B3 waste dumping. However, in practice, there are cases where the enforcement of sanctions does not align with the Environmental Protection and Management Law (UU PPLH), as seen in Decision Number 164/PID.SUS/2023/PN SDA. This study examines the provisions of criminal sanctions for B3 waste dumping offenders under Article 104 of the UU PPLH and the fulfillment of special conditions in probationary sentences. Using a normative legal method with a descriptive approach, the findings result and the conclusion indicate that the imposed sanctions were not proportional to the environmental damage caused. According to B3 expert Muhammad Atjemain, such actions have the potential to cause severe and long-term environmental harm. Furthermore, the court did not impose the special conditions required for probation under Article 14c of the Indonesian Penal Code (KUHP), including the obligation to compensate for environmental damage.
TINDAK PIDANA PENGANIAYAAN DENGAN SENGAJA MENYEBABKAN CEDERA BERAT (PUTUSAN NOMOR 561/PID.B/2021/PN.SBY): The Crime Of Torture With Intentional Cause Serious Injury (Desicion Number  561/Pid.B/2021/PN.Sby) Syach Zaky Sultan; Maria Silvya Elisabeth Wangga
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24682

Abstract

The crime of assault perpetrated by the perpetrator against the victim has involved violent behavior that can cause various types of physical injuries to the victim. However, the victim may also experience serious psychological impacts due to the violence they have endured. The identification issues raised are: what are the criteria for intentional assault causing serious injury in Decision Number 561/Pid.B/2021/PN. Sby, and does the perpetrator's action of intentionally causing serious injury meet the qualifications of Article 351 Paragraph (2) in Decision Number 561/Pid.B/2021/PN.Sby. This research employs a normative research method with descriptive-analytical characteristics, utilizing both primary and secondary data obtained through literature review and analyzed qualitatively using deductive logical conclusion drawing. The research findings conclude that the defendant's actions have caused severe injuries to the victim by the criteria of Article 90 of the Indonesian Criminal Code (KUHP), which involves conditions of illness or injuries that do not provide hope for recovery or even result in death and there is appropriateness of the punishment and criminal sanctions given in this case. In the researcher's view, the charges that should have been brought forth are based on Article 351 Paragraph (2) of the Indonesian Criminal Code (KUHP) because the injuries suffered by the victim fall into the category of severe assault.
ANALISIS PENCABUTAN HAK MEMANFAATKAN ALAT KOMUNIKASI ELEKTRONIK TERHADAP PELAKU DALAM TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI PUTUSAN NOMOR 71/PID.SUS/2023/PN PDL): Analysis of the Revocation of the Right to Use Electronic Communications Against Perpetrators in Information and Electronic Transaction Crimes (Decision Study Number 71/Pid.SuS/2023/PN PDL) Zalfa Fattaya; Maria Silvya Elisabeth Wangga
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24996

Abstract

Revenge porn is a type of cyber crime (Cybercrime), the term revenge porn is the act of spreading someone's intimate content without permission, to humiliate or take revenge. The problems in this research are the provisions for revoking the right to use electronic communications for perpetrators of information and electronic transaction crimes in Article 10 of the Criminal Code and Law No. 19 of 2016 and what are the criminal sanctions for perpetrators of information and electronic crimes according to Law No. 1 in 2024 based on study decision number 71/Pid.Sus/2023/PN PDL. The research method used in this thesis is descriptive analytical. Results of research on Case Number 71/Pid.Sus/2023/PN Pdl related to the crime of Information and Electronic Transactions (ITE) which violates Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of the ITE Law. As well as the panel of judges who impose the main and additional penalties. This research discusses the judge's approach in imposing additional penalties that do not comply with statutory regulations. This decision creates a new legal precedent (judge-made law) by expanding the scope of the Criminal Code in the context of cyber crimes
Co-Authors Muhamad Akbar Asanudin Muhammad Renaldy Lapaso Rigo Ijaprana Purba Rostislav Farin La Unsu Syach Zaky Sultan Zalfa Fattaya