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All Journal MLJ Merdeka Law Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Nahdiya Sabrina
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Law, Crime, Criminology & Criminal Justice

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Perbandingan Hukum Pidana Penelantaran Anak di Indonesia dan Belanda Nahdiya Sabrina; Aris Hardinanto
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Child neglect in Indonesia is a type of child abuse with quite high cases. The problem raised in this research is the absence of clear limitations regarding child neglect, as well as the absence of specific regulations related to sanctions for child neglect in terms of obligations for the education of children of compulsory school age. Law Number 20 of 2003 concerning the National Education System. The formulation of the problem in this research is how child neglect is regulated in Indonesian criminal law and Dutch criminal law, as well as how appropriate child neglect is regulated in Indonesian criminal law. The research method used in this research is the normative legal research method, through a statutory approach and a comparative approach. Analysis of legal materials is carried out using qualitative descriptive methods. The comparison of criminal law in terms of child neglect in Indonesia and in the Netherlands is that the Netherlands adheres to a strict codification system, however in the Netherlands, there are still special regulations regarding guarantees for children in terms of getting an education through registration at a school as well as criminal sanctions for those in charge of the child if these obligations were not carried out. Meanwhile, in Indonesia Law No. 20 of 2003 concerning the National Education System does not contain specific sanctions regarding not providing basic education to children of compulsory school age. Law No. 23 of 2002 and Law No. 35 of 2014 concerning child protection also doesn't specifically regulate sanctions for parties who do not provide basic education for children of compulsory school age, and there are no clear limitations to the term child neglect. -
Disparitas Putusan Hakim Nomor 115/Pid.Sus/2023/PN Brb Dengan Putusan Hakim Nomor 116/Pid.Sus/2023/PN Brb Mengenai Tindak Pidana Jual Beli Narkotika Arianda, Hafiz Satria; Nahdiya Sabrina
MLJ Merdeka Law Journal Vol. 5 No. 2 (2024): November 2024, Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

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This research discusses criminal disparities, namely the imbalance in the application of sentences by judges for the same or comparable crimes without valid reasons. This research focuses on disparities in Judge's Decision Number 115/Pid.Sus/2023/Pn Brb and Judge's Decision Number 116/Pid.Sus/2023/Pn Brb regarding narcotics buying and selling cases. The research method used is the normative legal method. The results of the analysis show that disparities in judges' decisions are caused by legal factors (legislation), internal factors of the judge (personal condition of the judge), and external factors (condition of the defendant at trial). In Decision Number 115/Pid.Sus/2023/PN Brb, the judge took into account the history of the defendant who had been convicted of a narcotics crime in 2013 and served a sentence of 8 years and 6 months. The judge sentenced him to 7 years in prison and a fine of IDR 1 billion, taking into account aggravating circumstances such as not supporting the government's program to eradicate narcotics and a history of previous convictions. Meanwhile, in Decision Number 116/Pid.Sus/2023/PN Brb, the judge sentenced him to 5 years and 3 months in prison and a fine of IDR 1 billion, taking into account aggravating circumstances such as not supporting government programs and disturbing the community. If the fine is not paid, the defendant will serve an additional 3 months in prison Keywords: Disparity, Judge's Deci-sion, Buying And Selling Narcotics
Co-Authors Arianda, Hafiz Satria Aris Hardinanto