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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Arganova A, Dicky
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Law, Crime, Criminology & Criminal Justice

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Criminal Convictions from The Perspective of The Proportionality Principle Hisyam, Nurul; Arganova A, Dicky
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4065

Abstract

The absence of explicit guidelines and limitations for evaluating punishment based on the character of the offender creates a significant gap in the justice system. Without clear provisions, judges are left to rely solely on their own interpretation and knowledge when making decisions about punishment. This lack of guidance can lead to inconsistencies and potential biases in sentencing. To ensure fairness in the judicial process, it is essential for the principle of proportionality to be fully understood and applied when judges make their rulings. Proportionality refers to the idea that the severity of punishment should be directly proportional to the seriousness of the crime committed. The research aims to address two key problem statements. Firstly, it seeks to define punishment from the perspective of the proportionality principle. Secondly, the research aims to identify the factors that judges consider when imposing punishment. To achieve these research objectives, a normative research approach will be adopted. This approach involves analyzing legal principles, rules, and regulations to address the legal issues at hand
Principles of Circumstantial Evidence in Handling Criminal Cases Wibowo, Hari; Arganova A, Dicky
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5403

Abstract

There are no provisions related to circumstantial evidence in the handling of criminal cases. However, there are several judges' decisions that use circumstantial evidence in criminal cases, so that the decision does not reach the highest degree of justice and legal certainty in a decision, because it is not based on the minimum requirement of two pieces of evidence that must be met in terms of proof to impose a criminal sentence. As for the formulation of the problem in this study are: (1) the philosophy of circumstantial evidence from the perspective of criminal procedural law. (2)ius constituendum application of circumstantial evidence in the process of proving criminal cases. This research is a normative research, which is a technique or procedure of review based on several legal principles, legal principles, and legal principles relating to the substance of legislation that is general and specific in nature in order to answer the legal issues raised.Keywords: Circumstantial Evidence, Criminal Cases
Co-Authors Hari Wibowo Hisyam, Nurul