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All Journal Reformasi Hukum Trisakti
Dian Adriawan Tawang
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Law, Crime, Criminology & Criminal Justice

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PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PENCURIAN SECARA BERSEKUTU  STUDI PUTUSAN NOMOR. 315/Pid.B/2022/PN Mre: Sentencing of Perpetrators of the Crime of Theft Jountly Study of Decision Number. 315/Pid.B/2022/PN Mre Muhammad Ahsan Adiyatma; Dian Adriawan Tawang
Reformasi Hukum Trisakti Vol 7 No 2 (2025): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v7i2.22766

Abstract

Theft is a form of criminal offense often found in various mass media, both electronic and print media, which is motivated by the life circumstances of the perpetrator. The defendant Adi Candra committed the crime of theft in concert and was charged with Article 363 paragraph (1) point 4, but in PERMA Number 2 of 2012, it is included in a minor crime. The problems of this research are: How is the appropriate punishment in Decision Number 315/Pid.B/2022/PN Mre against the perpetrator of the theft crime in collaboration? Then, what is the basis for the judge's consideration in Decision Number 315/Pid.B/2022/PN Mre which decided the case with Article 363 paragraph (1) 4th of the Criminal Code? This research was conducted normatively, using secondary data, descriptive-analytical. This research result and concludes that the actions of the defendant Adi Candra are included in the class of minor crimes because the amount of loss is not more than Rp2,500,000. The judge in deciding the case was not right because it was not in accordance with applicable regulations. In handling cases, judges must reflect principles of legality and legal certainty, so that actions and facts that occur are in accordance with imposition of punishment.
PERBUATAN PENCEMARAN NAMA BAIK MELALUI MEDIA/SARANA ELEKTRONIK (PUTUSAN NOMOR 104/PID/2020/PT BNA) Jeremy Pradana Marpaung; Dian Adriawan Tawang
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.17319

Abstract

Defamation is an act of tarnishing one's reputation through spoken or written statements. The problem addressed is how the defendant's act of defamation through electronic media/means is dealt with in the decision number 104/PID/2020/PT BNA, and whether the verdict in decision number 104/PID/2020/PT BNA aligns with the elements of Article 27, paragraph (3) of the ITE Law (Information and Electronic Transactions Law). In providing answers to the problem, a normative juridical research method is employed using secondary data. The research findings are analyzed qualitatively. The results of the research and discussion indicate that Saiful Mahdi's act of defamation does not conform to Article 27, paragraph (3) of Law No. 11 of 2008 concerning Information and Electronic Transactions. Based on the analysis of the core issue, the judge should have applied Article 310, paragraph (2) of the Indonesian Criminal Code (KUHP), which deals with attacking someone's honor or reputation in writing. The conclusion drawn from this research is that Saiful Mahdi's act of defamation should have been judged under Article 310, paragraph (3) of the KUHP, as he wrote the statement in question with the aim of defending the public interest to prevent misunderstandings at the Faculty of Engineering, Unsyiah
Co-Authors Jeremy Pradana Marpaung Muhammad Ahsan Adiyatma