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All Journal JUDGE: Jurnal Hukum Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Potale, Mutiara
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Disparitas Putusan Hakim Terhadap Tindak Pidana Pencemaran Nama Baik Melalui Media Sosial Potale, Mutiara; M. Wantu, Fence; Apripari
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 3 No. 1 (2025): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v3i1.130

Abstract

This study aims to analyze disparities in judges' rulings regarding defamation crimes through social media by comparing Verdict No. 21/Pid.Sus/2020/PN.Lbo (3 months imprisonment) and No. 45/Pid.Sus/2022/PN.Lbo (4 months conditional sentence), using normative legal research methods through comparative analysis of verdicts. The results show that although both cases share similar legal elements under Article 27 paragraph (3) of the ITE Law, with defendants being first-time offenders who expressed remorse, there were significant sentencing disparities in terms of penalty types (immediate vs. conditional) and duration. The findings reveal that these disparities are influenced by three main factors: (1) the flexibility of the ITE Law which lacks minimum sentencing guidelines, (2) judges' subjective considerations based on Article 5 of the Judicial Power Law that account for societal justice values and trial facts, and (3) individual defendant characteristics such as age, legal history, and reconciliation efforts. The study concludes that sentencing disparities result from complex interactions between the ITE Law's unclear sentencing boundaries, judicial discretion, and personal defendant factors, necessitating clearer sentencing guidelines in the ITE Law and more measurable judicial considerations to establish legal certainty.
Questioning Gender: A Comparative Study of Gender Equitable Inheritance Distribution in Indonesia Potale, Mutiara
Judge : Jurnal Hukum Vol. 5 No. 04 (2024): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v5i04.1053

Abstract

This research aims to examine the distribution of gender-equitable inheritance in Indonesia with a qualitative approach using normative and socio-religious methods. The main focus of this research is to analyze gender gaps in inheritance distribution, as well as women's rights from a positive legal perspective. This research is descriptive qualitative in nature and uses a literature review which includes books, scientific articles, journals and related legal documents such as the Civil Code and the Compilation of Islamic Law. The analysis was carried out using thematic analysis techniques to identify main themes regarding the distribution of inheritance and the role of women in the context of Islamic inheritance law and Indonesian positive law. This research also makes a comparison between the two legal systems to explore gender gaps in their implementation. The research results show that gender-equitable distribution of inheritance is strongly influenced by the plurality of society's culture, which is a challenge in realizing a fair inheritance system for women. The main factors that influence equal inheritance rights between men and women include education, migration, economic factors, socio-cultural values, jurisprudence, and individual awakening. However, the customary system that is still dominant in some cultures requires women to follow their husband's clan or family, thus creating inequality in inheritance. It is hoped that this research will provide new insights into inequality in inheritance distribution and offer recommendations for fairer legal policies for women.
Co-Authors Apripari, Apripari Fence M Wantu