Kelen, Rosalia Martha Jawa
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Pertimbangan Hakim dalam Menjatuhkan Hukuman Ringan pada Kasus Perjudian (Studi Putusan Nomor 65 /PID.B/2013 /PN.LBJ) Samara, Finsensius; Rabawati, Dwityas Witarti; Kelen, Rosalia Martha Jawa; Umar, Sonya Prisilia; Bukifan, Francisco Tolentino Bukifan; Oelue, Jeremias
TATOHI: Jurnal Ilmu Hukum Vol. 4 No. 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2779

Abstract

Introduction: In 2024, Indonesia remains among the ten Asian countries with the lowest income. PPATK data reveals that 2.2 million low-income Indonesians are gamblers, threatening the vision of Indonesia Emas 2045. Gambling, categorized as a crime under Articles 303 of the Indonesian Criminal Code (KUHP), causes significant losses.Purposes of the Research: The objective of this research is to analyze the judge's considerations in giving light sentences in gambling cases, specifically those involving the offering of gambling games, using Decision Number 65/PID.B/2013/PN.LBJ as a case study.Methods of the Research: This research employs a normative legal research method with an analytical approach. The analysis is conducted on legal norms, court decisions, and related literature to understand the judge's considerations in the case.Results of the Research: The findings show that although the defendant fulfilled the elements of Article 303 of the KUHP, the judge considered mitigating circumstances, such as the defendant's age, pregnancy, respectful demeanor in court, admission of guilt, and remorse. The judge balanced legal certainty with justice and utility, demonstrating an educative and preventive approach in sentencing
Rethinking Overcriminalization in Indonesia: Proportionality, Ultimum Remedium, and the Limits of Criminal Law Ngompat, Yohanes Leonardus; Kelen, Rosalia Martha Jawa; Cahyani, Kayla; Werang, Veronika Katarina Gelalek; Teka, Richardus Wesly
TATOHI: Jurnal Ilmu Hukum Vol. 6 No. 7: Volume 6 Issue 7, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i7.4068

Abstract

Introduction: The expansion of criminal sanctions into administrative violations and private conduct raises concerns about the proper limits of criminal law in Indonesia. The central issue is how to distinguish legitimate criminalization from overcriminalization while protecting public interests and individual rights. Purposes of the Research: This study examines the forms of overcriminalization in Indonesian criminal law, evaluates their compatibility with proportionality and the ultimum remedium principle, and identifies normative directions for criminalization reform. Methods of the Research: This study employs normative legal research using statutory and conceptual approaches. Primary legal materials, including relevant criminal provisions, are examined alongside secondary legal scholarship. Qualitative legal analysis is used to assess the legitimacy, necessity, and proportionality of criminal sanctions. Findings of the Research: The analysis identifies three areas requiring critical scrutiny: criminal sanctions attached to administrative violations, criminal provisions affecting civil liberties, and criminalization of conduct within the private sphere. The article also discusses prison overcrowding and criminal justice system burdens as potential consequences of excessive penal intervention. However, the causal contribution of overcriminalization requires further assessment against other structural factors. A proportionate criminalization policy should consider the seriousness of harm, the necessity of penal intervention, the availability of less restrictive alternatives, and the relationship between the offense and the severity of sanctions. Conclusion: Criminalization reform in Indonesia should adopt a structured normative assessment grounded in legality, proportionality, necessity, and ultimum remedium. This framework can help legislators distinguish conduct requiring penal intervention from conduct more appropriately addressed through administrative, civil, or restorative mechanisms.