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All Journal Formosa Journal of Multidisciplinary Research (FJMR) Journal of Legal and Cultural Analytics (JLCA) Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Prosiding Seminar Nasional Ilmu Hukum
Antonius Maria Laot Kian
Unknown Affiliation
Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of Legal Mathematics in Case Resolution Corruption Crime in Indonesia (Case Study of the Harvey Mouis Case at the Central Jakarta Corruption Court) Antonius Maria Laot Kian
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13305

Abstract

The purpose of writing this scientific article is to find out and analyze the implementation of legal mathematics in resolving criminal acts of corruption in Indonesia. This article is motivated by the many decisions of the panel of judges which impose varying lengths of sentences from one judge to another, so this raises questions among the public regarding the consistency and legal certainty in imposing sentences for perpetrators of criminal acts of corruption in Indonesia. Harvey Mouis' decision in a corruption case further strengthens the public's suspicions about the Panel of Judges who decided the case, that this decision did not provide justice considering that the punishment given was deemed not commensurate with the losses caused to the state. The results of this research show that differences in judges' decisions regarding the length of punishment in corruption cases are due to the absence of standard guidelines regarding the length of the sentence which are adjusted to the amount of loss caused to the state. What exists so far is only the minimum and maximum punishment limits without paying attention in detail to specific losses. Therefore, in resolving cases of criminal acts of corruption, legal mathematics is required so that judges can increase transparency and accountability in the decision-making process, as well as minimize the occurrence of criminal disparities that often occur in cases of criminal acts of corruption in Indonesia.
Analisis Hukum Terhadap Diskrepansi Peradilan Dalam Tindak Pidana Pengalihan Jaminan Fidusia: Studi Putusan Nomor 45/Pid.Sus/2023/PN.SMN Alex Sukadi; Antonius Maria Laot Kian; Cecep Tedi Siswanto
Prosiding Seminar Nasional Ilmu Hukum Vol. 2 No. 2 (2025): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v2i2.62

Abstract

This research examines judicial discrepancies in criminal cases of fiduciary transfer, focusing on Decision No. 45/Pid.Sus/2023/PN.SMN. Discrepancy is understood as the inconsistency between trial facts, the prosecutor’s evidence, and the judge’s considerations, which may lead to injustice and reduce public trust in the judiciary. The purpose of this study is to analyze the forms of discrepancy found in the decision and to assess their legal implications for the protection of the defendant’s rights and legal certainty. The research method employed is empirical juridical research with a sociological juridical approach, using statutory analysis, case studies, interviews with law enforcers, and literature review. The findings indicate disharmony in the assessment of intent (mens rea), the interpretation of written consent, and the proof of losses suffered by fiduciary recipients. Such discrepancies weaken the quality of the judgment, create legal uncertainty, and potentially violate the principle of fair trial. This study concludes that harmonization between trial facts, prosecutorial evidence, and judicial reasoning is necessary to maintain the integrity of the criminal justice system, improve the quality of judicial decisions, and strengthen legal protection for the parties involved.
The Contribution of Forensic Psychology to Improve the Protection of Rape Victims in Trials Patisina; Antonius Maria Laot Kian; Benedictus Renny See
Formosa Journal of Multidisciplinary Research Vol. 3 No. 4 (2024): April 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjmr.v3i4.8983

Abstract

This study aims to identify the contribution of forensic psychology in the preparation of rape victims to testify in court and analyze the legal framework applicable to the protection of rape victims in the legal system in Indonesia. This research is normative juridical by using secondary data such as laws and regulations, literature studies, and expert interviews of Forensic Psychologists. The results of the first research analysis of forensic psychology contribute to the preparation and recovery of rape victims in the context of trials. By taking into account regulations such as Law Number 18 of 2014 concerning Mental Health and Regulation of the Minister of Health of the Republic of Indonesia Number 45 of 2017, the practice of forensic psychology in Indonesia is directed to improve practice standards and protect the public from unethical practices. Second, legal protection for rape victims in Indonesia consists of two main aspects, namely preventive and curative protection. Preventive protection is established through regulations such as Law Number 1 of 2023 concerning rape in the Criminal Code and Law Number 12 of 2022 concerning Sexual Violence (TPKS Law), which guarantees fair and comprehensive treatment and holistic recovery for victims. Curative legal protection is regulated by Law Number 36 of 2009 Article 144, which emphasizes treatment and rehabilitation approaches for victims after the commission of crimes.
Tindak Pidana Korupsi Tanah Kas Desa di Yogyakarta: (Studi Kasus Putusan Pengadilan Negeri Yogyakarta Nomor 8/Pid.Sustpk/2023/Pn Yyk) Enrico Winadi; Benedictus Renny See; Antonius Maria Laot Kian
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 3 No. 3 (2024): Oktober : JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v3i3.7290

Abstract

This journal examines the criminal act of corruption related to village treasury land (tanah kas desa) in Yogyakarta, with a specific focus on the District Court Decision No. 8/Pid.Sus-TPK/2023/PN Yyk. The objectives are to identify the underlying reasons behind corruption practices, analyze the application of substantive criminal law, and assess the state losses as well as possible preventive measures for future land management. The study employs a qualitative research method through interviews, documentation, and literature review, involving key informants from the judiciary, prosecution office, police sector, and village administration. The findings reveal that corruption in village treasury land is driven by internal factors such as personal motives, economic background, moral integrity, legal awareness, and authority, as well as external factors including non-transparent bureaucracy, ingrained corruption culture, weak supervision, ineffective legal systems, and socio-economic pressures. The application of substantive criminal law is reflected in the assessment of elements of corruption, judicial considerations, and the interplay between legal norms, social impacts, and local wisdom. Furthermore, the study highlights significant economic and social losses, and recommends strategies for prevention, governance improvement, and strengthening accountability to minimize corruption risks in village land management.
Co-Authors Alex Sukadi Benedictus Renny See Cecep Tedi Siswanto Enrico Winadi Patisina