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All Journal Mutiara : Jurnal Ilmiah Multidisiplin Indonesia International Journal of Contemporary Sciences (IJCS)
Ni Ketut Wiratny
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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Penegakan Hukum terhadap Tindak Pidana Pencurian berdasarkan Putusan Nomor 60/PID.B/2024/PN Amlapura Ni Ketut Ratih Ganeshwari Jaya; Ni Ketut Wiratny; Ida I Dewa Ayu Dwiyanti
Mutiara: Jurnal Ilmiah Multidisiplin Indonesia Vol. 3 No. 3 (2025): JIMI - JULI
Publisher : PT. PENERBIT TIGA MUTIARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61404/mutiara.v3i3.423

Abstract

This study examines the enforcement of criminal law in relation to the offense of aggravated theft as adjudicated in the District Court Decision of Amlapura No. 60/PID.B/2024/PN Amlapura, wherein the Defendant, Jana alias Tobi, was found legally and convincingly guilty of committing aggravated theft as stipulated under Article 363 paragraph (1) point 4 of the Indonesian Penal Code (KUHP). The objective of this research is to analyze the application of criminal law in the aforementioned case, with a particular focus on two principal legal issues: (1) how law enforcement was implemented in the case in question, and (2) how the judicial decision aligns with the foundational legal principles of justice, legal certainty, and utility. The research employs a normative juridical method with a descriptive-analytical approach, and utilizes both the theory of law enforcement and the theory of criminal acts as the conceptual framework. The findings indicate that all elements of the criminal offense under Article 363 paragraph (1) point 4 of the Penal Code were fulfilled, and that the panel of judges duly considered both aggravating and mitigating factors in a balanced manner. Nonetheless, further analysis reveals that the Defendant’s role in the commission of the offense was more auxiliary in nature, thereby suggesting that the normative application of Article 55 of the Penal Code would have been more appropriate. This misapplication of legal provisions potentially gives rise to substantive injustice and opens the possibility for further legal remedies. The study concludes that although the formal procedures of law enforcement were conducted in accordance with prevailing legal standards, there exists a substantive deficiency in the identification of the perpetrator’s role, which adversely affects the overall fairness of the verdict. The novelty of this research lies in its critical analysis of the accuracy of judicial application of substantive criminal norms and the imperative of rigorous judicial reasoning in sentencing, aimed at reinforcing the integrity and consistency of the Indonesian criminal justice system.
Restorative Justice Settlement of Fraud Crime Case (A Case Study in The North Kuta Badung Police Sector) Wijaya, I Made Guna; I Made Mulyawan Subawa; Ni Ketut Wiratny
International Journal of Contemporary Sciences (IJCS) Vol. 1 No. 10 (2024): August 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijcs.v1i10.10656

Abstract

Restorative justice is an approach in law enforcement that focuses more on recovery and reconciliation between perpetrators, victims, and the community rather than just imposing penalties to repair the social and emotional impact of criminal acts and rebuild damaged relationships. Settlement through restorative justice in its application there is still a conflict of legal norms between the Criminal Code and Perkap Number 8 of 2021 concerning handling criminal acts based on restorative justice in criminal law enforcement in Indonesia, this is because the article to ensnare the perpetrators of fraud is already available and only needs to be implemented, but the reality in the field is that there is still a vital justice approach, even though there have been peace efforts that should have stopped the investigation but the investigators are continuing because settlement through restorative justice cannot necessarily eliminate investigations and or investigations. The problem in this study is the settlement of restorative justice against fraud cases in the North Kuta Sector Police and the obstacles faced in the settlement through restorative justice against fraud cases
Co-Authors I Made Mulyawan Subawa Ida I Dewa Ayu Dwiyanti Ni Ketut Ratih Ganeshwari Jaya Wijaya, I Made Guna