Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal JURNAL ILMIAH ADVOKASI Journal Publicuho
Maria Novita Apriyani
Universitas Pembangunan Nasional “Veteran” Jawa Timur
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PERKARA TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK (STUDI PUTUSAN NOMOR 2627/PID.Sus/2019/PN.Sby) Nazhif Aldimas Syahreza; Maria Novita Apriyani
Journal Publicuho Vol. 8 No. 2 (2025): May - July - Journal Publicuho
Publisher : Halu Oleo University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35817/publicuho.v8i2.776

Abstract

This study aims to analyse the Legal Considerations of Judges in Cases of Sexual Violence Against Children (Study of Decision Number 2627/Pid.Sus/2019/PN.Sby). In compiling this journal, the author conducted normative research. Normative research is conducted by approaching problems through laws and regulations, approaching problems conceptually, and approaching problems through cases. The author analysed to see how judges considered aggravating or mitigating criminal penalties that did not follow the prosecutor's demands and laws and regulations. The results of the study show that in case No. 2627/Pid.Sus/2019/PN Sby, the judge considered elements of aggravation and reduction of criminal penalties by considering legal and non-legal aspects, such as the condition of the defendant, trial facts, and laws and regulations. The judge also used his prerogative in handing down a criminal sentence against the defendant MEMET in the form of a 12-year prison sentence, a fine of Rp100,000,000 with a subsidiary of 3 months in prison, and an additional sentence of chemical castration for 3 years, as demanded by the public prosecutor in the case of sexual violence against children. This decision reflects law enforcement efforts that consider substantive justice and protection of victims.
PERTANGGUNGJAWABAN PIDANA ATAS KELALAIAN YANG MENGAKIBATKAN LUKA-LUKA DAN KEMATIAN: ANALISIS PUTUSAN NOMOR 13/PID.B/2023/PN SBY Moch Ilyas Akbar Rizki; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8068

Abstract

The increasing occurrence of negligence resulting in loss of life demonstrates the importance of criminal law enforcement that is capable of ensuring legal certainty and justice for both victims and perpetrators. In criminal law, negligence is understood as a form of culpability arising from a lack of caution, carelessness, or recklessness that causes harmful consequences to others. This study aims to analyze whether the element of fault was fulfilled in Decision Number 13/Pid.B/2023/PN Sby concerning the Kanjuruhan Riot Tragedy in Malang, as well as to examine the conformity of the judges’ considerations with the principles of criminal justice. This research employs a normative legal research method using statutory, case, and conceptual approaches through library research on court decisions, criminal law doctrines, and related regulations. The findings reveal that the judges’ considerations in determining the element of fault were predominantly based on trial facts and the testimonies of the defendants, thereby failing to fully accommodate the interests and sense of justice of the victims. Furthermore, this study identifies a normative gap in the application of the concept of negligence, which causes criminal liability to inadequately reflect the principles of substantive justice. Therefore, stronger parameters for assessing negligence and a more victim-oriented approach are necessary within Indonesia’s criminal justice system.Keywords: Negligence; Criminal Liability; Judicial Consideration; Substantive Justice; Kanjuruhan Tragedy
Co-Authors Moch Ilyas Akbar Rizki Nazhif Aldimas Syahreza