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All Journal Jurnal Hukum Lex Generalis
Hanafi
Universitas Islam Kalimantan MAB
Law, Crime, Criminology & Criminal Justice

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Kriteria Pertanggungjawaban dan Sistem Peradilan Pidana bagi Pelaku Tindak Pidana Pengancaman Mahasiswa di Media Sosial dalam Putusan Nomor : 172/PID.SUS/2019/PN.JKT.SEL Ni Made Purnawati; Akhmad Munawar; Hanafi
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Abstract

The aim of this research is to determine the factors that influenced the judge's decision in the case of criminal threats on social media in Decision Number: 172 / PID.SUS / 2019 / PN.JKT.SEL against children as sexual abuse perpetrators in South Jakarta City to analyze and analyze the decision. The statutory and case approaches are two examples of the normative research methodology that is employed. The information was gathered from theses, journals, legislation, and literature. In this study, data management and analysis were done in a deductive manner. According to the study's findings, the court continues to violate the proportionality principle while imposing a sentence on the offender. The judge's decision is then influenced by a number of factors, such as: 1. Elements that come from the judge. 2. Elements that come from the accused.
Integrasi Asas Legalitas dan Asas Oportunitas: Suatu Kajian Komparatif terhadap Penerapannya dalam Praktik Penuntutan Muhammad; Akhmad Munawar; Hanafi
Jurnal Hukum Lex Generalis Vol 4 No 7 (2023): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i7.790

Abstract

The integration of the legality principle and the opportunity principle in prosecutorial practice in Indonesia is a complex issue that requires in-depth study. The legality principle, which demands legal certainty, often clashes with the opportunity principle, which grants prosecutors discretion in decision-making. This study analyzes the dynamics of the interaction between these two principles through a literature review and case studies. The findings indicate challenges in achieving a balance between the two, particularly in defining the boundaries of prosecutorial authority and objective criteria for applying the opportunity principle. The study concludes that there is a need for regulatory improvements, increased transparency, and effective oversight mechanisms to ensure that the application of the opportunity principle does not deviate from the principles of justice and legal certainty.
Co-Authors Akhmad Munawar Muhammad Ni Made Purnawati