Yohanes Gemilang Febrian
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Delay of Death Crime Execution With A 10 Year Probation Period From A Human Rights Perspective Yohanes Gemilang Febrian; Tanudjaja
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 1 (2024): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i1.227

Abstract

The research objective in this research report is to find out how human rights consider that someone who threatens public safety can be sentenced to death and to find out how judges consider in deciding cases of executing the death penalty with a probation period of 10 years.The research method used in this research is a normative juridical research method where the data sources come from laws, books, journals and the internet. The research approach used in this research is a qualitative approach. The results of the research in this writing are firstly thatThe existence of the death penalty in the legal system in Indonesia is reviewed from a human rights perspective, namely that it is contrary to human rights, especially the right to life. The two judges imposed the death penalty with a probationary period of 10 (ten) years taking into account: a. the defendant feels remorse and there is hope to improve himself; or b. the role of the defendant in the crime. The death penalty with a probationary period as intended must be included in the court decision. The grace period for the 10 (ten) year trial period begins 1 (one) day after the court decision obtains permanent legal force. Postponement of the execution of the death penalty which has been stipulated in writing in Article 100 of the National Criminal Code. In Article 100 paragraph (1) of the National Criminal Code, it is stated that the execution of the death penalty is determined by postponing the death penalty for 10 (ten) years which takes into account two conditions, namely, a feeling of regret and efforts to improve oneself and the role of the death penalty defendant in the crime. Furthermore, Article 100 paragraph (4) of the National Criminal Code states that if the convict has good behavior, then with a presidential decision based on the consideration of the Supreme Court, the death penalty can be changed to life imprisonment. Based on this background, the problem formulation in this research report is: How do human rights consider that someone who threatens public safety can be sentenced to death and how do judges consider when deciding on death penalty execution cases with a probationary period of 10 years.
Corporate Involvement In People Trafficking Cases (Analysis of East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim) Yohanes Gemilang Febrian; Tanudjaja
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 4 (2024): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i4.219

Abstract

The research objective in this research report is to find out the position of corporations in criminal liability for human trafficking in trafficking cases(Analysis of East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim)and to find out howLegal certainty for victims of the crime of human trafficking committed by PT. Hassindo Karya Niaga (Analysis of the East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim).The research method used is a normative juridical method where data sources come from court decisions, books and journals and the internet. The research approach used in this research is a qualitative approach. The results of this research are pActions carried out by PT. Hassindo Karya Niaga is a criminal act of human trafficking as well asthere is no legal certainty for victims of the PT Person Trafficking Crime case. Hassindo Karya Niaga due to the absence of implementation of the provision of restitution for victims contained in the decision. Actions carried out by PT. Hassindo Karya Niaga and its work constitute a criminal act of human trafficking. There is no legal certainty for victims of TIP cases committed by PT. Hassindo Karya Niaga due to the lack of implementation of the right to compensation (restitution) obtained by victims of criminal acts of human trafficking. East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim)and howLegal certainty for victims of the crime of human trafficking committed by PT. Hassindo Karya Niaga (Analysis of East Jakarta District Court Decision Number: 289/Pid.Sus/2020/PN Jkt.Tim).