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Law Enforcement Against Perpetrators of Desertion by TNI Members in the Military Court Area III-12 Surabaya Imam Wahyudi; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 2 (2024): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i2.248

Abstract

The aim of the research is to determine the implementation of the law enforcement process against deserters at the III-12 Surabaya military court. research methods. Research methods Legal research using normative legal research methods. The results of the implementation by the judge in determining the provisions for the perpetrator in this case are in accordance with the elements of Article 87 paragraph (1) 2nd jo paragraph (2) where the judge has considered both the facts at the trial, the statements of the witnesses and the available evidence, as well as the judge's confidence in handing down a decision which will later have a deterrent effect on the defendant, gives fear to the convict and the Soldiers.
Criminal Punishment For Perpetrators of Group Fighting Criminal Acts M. Fahmi Ardiansyah; M. Hidayat; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 20 No. 4 (2025): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v20i4.266

Abstract

The aim of the research is to determine the implementation of Article 170 paragraph (2) 1 of the Criminal Code concerning criminal acts involving joint forces committing violence against people resulting in injuries at the Surabaya District Court. The research method used is normative research, with a conceptual approach, namely legal research that looks for principles, doctrines and sources of law in a juridical philosophical sense. Result The judge's basis for consideration in handing down a decision against the perpetrator of the criminal act of group fighting based on the study of Decision Number: 411/Pid.B/2022/PN Sby is 5 (five), namely: (a). based on the prosecutor's indictment; (b). based on evidence at trial (both witness evidence, letters and the defendant's statement); (c). based on articles in the Criminal Code and Criminal Procedure Code; (d). based on legal facts revealed at trial; (e). based on the circumstances that led to the crime.
Right To Restitution For Victims of Human Trafficking Criminal ACTS Widi Purnomo; Bastianto Nugroho; Adies Kadir
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 2 (2025): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i2.304

Abstract

The aim is to find out about the Judge's Considerations in Deciding on the Right to Restitution in Decision Number 738/Pid.Sus/2023/Pt Sby) according to Positive Law. The research method used in the research carried out is the Normative Juridical legal research method, also called normative legal research or doctrinal legal research. Results of the Surabaya High Court Decision Number 738/PID.SUS/2023/PT SBY The judge's consideration in granting restitution to the victim was in accordance with the law and justice for the victim.