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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

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

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

SANTET DALAM KUHP BARU: ANALISIS KRIMINALISASI TERHADAP PELAKU YANG MENYATAKAN DIRINYA MEMPUNYAI KEKUATAN GAIB PADA PASAL 252 UNDANG-UNDANG NOMOR 1 TAHUN 2023 Navadz Syaikhul Radzakani; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8341

The phenomenon of witchcraft or claims of having supernatural powers is a social reality that often causes unrest and deception in society. Article 252 of Law No. 1 of 2023 stipulates that anyone who claims to possess supernatural powers and offers services that could cause harm to others can be punished. Such actions are not judged based on the truth or falsehood of supernatural abilities, but rather on the act of claiming or offering services that could have legal consequences. This research aims to determine the elements of criminal acts that can be imposed on individuals who claim to possess supernatural powers (black magic), and the second research question is whether perpetrators who claim to have supernatural powers can be given criminal sanctions. This research uses a normative legal method with a statutory approach and a conceptual approach. Where the author uses primary legal materials such as Law No. 1 of 2023, secondary legal materials such as legal journals, and non-legal materials such as news related to the issue. The research results indicate that the existence of Article 252 of Law No. 1 of 2023 is a progressive step in addressing the social problems that have long been developing in Indonesian society. This regulation provides legal certainty and protects the public from disturbing and potentially criminal practices of witchcraft.Keywords: Criminalization, Perpetrator, Supernatural Power, Black Magic

INDIKASI KEDARURATAN MEDIS DALAM TINDAK PIDANA ABORSI OLEH TENAGA MEDIS: ANALISIS PUTUSAN NOMOR 36/PID.SUS/2024/PN DPS Salman Naufal Haq; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8323

The involvement of medical personnel in unlawful abortion practices raises complex legal issues because it contradicts their professional obligation to provide healthcare services in accordance with ethical standards, professional competence, and applicable legal regulations. Although Law Number 17 of 2023 concerning Health permits abortion under limited circumstances, its implementation is strictly regulated through medical emergency indications, professional competence requirements, and healthcare service procedures as stipulated in Government Regulation Number 28 of 2024. This study aims to analyze the fulfillment of the legal requirements for medical emergency indications and to examine the judicial reasoning underlying the non-imposition of additional criminal sanctions in Decision Number 36/Pid.Sus/2024/PN Dps. This research employs a normative legal method with a descriptive-analytical approach using statutory, case, and conceptual approaches. Primary legal materials, consisting of the Indonesian Criminal Code, Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Decision Number 36/Pid.Sus/2024/PN Dps, were analyzed qualitatively through legal interpretation and doctrinal analysis of the court's legal reasoning. The findings demonstrate that the abortion performed by the defendant did not satisfy the legal criteria for a medical emergency because there was no condition threatening the life or health of the pregnant woman or the fetus, the procedure was not carried out by a physician possessing the legally required professional competence and authority, and the mandatory healthcare procedures prescribed by the applicable legislation were not fulfilled. The study further reveals that the court did not impose the additional penalty of revoking the defendant's professional rights because the defendant did not possess a valid Certificate of Registration (Surat Tanda Registrasi—STR), Practice License (Surat Izin Praktik—SIP), or any legally recognized professional authority that could be revoked under Indonesian criminal law. The novelty of this study lies in its comprehensive analysis of the relationship between medical emergency indications, the professional authority of medical personnel, and the application of additional criminal sanctions within the framework of Indonesia's post-reform health law under Law Number 17 of 2023. This study concludes that consistent legal interpretation of medical emergency indications, coupled with strengthened supervision of professional competence among medical personnel, is essential to ensuring legal certainty, protecting patients' rights, and enhancing accountability within the healthcare profession.Keywords: Medical Emergency Indications; Abortion; Medical Personnel; Criminal Liability; Court Decision

IMPLEMENTASI PERLINDUNGAN KORBAN KEKERASAN DALAM RUMAH TANGGA MELALUI KEADILAN RESTORATIF DI KEPOLISIAN DAERAH JAWA TIMUR Daniel Mangara Tua Pandiangan; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8444

The increasing incidence of domestic violence (DV) in Indonesia indicates that legal protection for victims continues to face significant challenges, particularly in ensuring case resolution mechanisms that not only emphasize the punishment of offenders but also guarantee victims' recovery, safety, and access to justice. Within this context, restorative justice has emerged as an alternative approach implemented during the criminal investigation process to resolve certain domestic violence cases. This study aims to analyze the implementation of victim protection through restorative justice during the investigation stage at the East Java Regional Police (Polda Jawa Timur), evaluate the fulfillment of victims' rights throughout the case resolution process, and identify the obstacles affecting the effectiveness of victim protection. The research employed a normative-empirical (socio-legal) approach, using statutory, conceptual, and empirical approaches through document analysis and interviews with investigators and other relevant stakeholders. The findings indicate that victim protection has been implemented through compliance with formal and substantive requirements, the conduct of restorative mediation, and the termination of investigations when agreements adequately safeguarding victims' interests are reached. However, the effectiveness of victim protection remains constrained by unclear procedural time limits, varying interpretations among investigators regarding the application of restorative justice, the psychological vulnerability of victims, and technical challenges encountered during the mediation process. These obstacles have prevented the optimal implementation of victim protection, highlighting the need for clearer implementation guidelines, enhanced investigators' capacity, and stronger inter-agency coordination to ensure more effective protection for victims of domestic violence.Keywords: victim protection; domestic violence; restorative justice; criminal investigation; East Java Regional Police.

PERLINDUNGAN HUKUM BAGI ANAK PEKERJA RUMAH TANGGA DALAM TINDAK PIDANA PERDAGANGAN ORANG Saqinah Nazzia; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.7665

Human trafficking is a serious criminal offense involving the illegal recruitment, movement, or control of individuals for the purpose of exploitation, including forced labor, servitude, and sexual exploitation. Children working as domestic workers are particularly vulnerable to such practices, especially in countries where their legal status as workers is not explicitly recognized or adequately protected. In Indonesia, child domestic workers have not been formally acknowledged within labor or domestic worker protection laws, resulting in fragmented and limited legal safeguards against human trafficking. This situation contrasts with the Philippines, which provides explicit legal recognition and comprehensive protection for child domestic workers under Republic Act No. 10361 (the Domestic Workers Act).This study aims to comparatively analyze the legal frameworks of Indonesia and the Philippines in protecting child domestic workers from human trafficking. Employing normative legal research with statutory and comparative law approaches, the study finds significant differences between the two countries, particularly in terms of legal recognition, the construction of trafficking offenses, and the scope of criminal sanctions imposed on perpetrators. The findings highlight the urgency of strengthening Indonesia’s regulatory framework to ensure comprehensive and effective legal protection for child domestic workers against human trafficking.Keywords: Comparative Law; Child Domestic Workers; Human Trafficking

IMPLEMENTASI PENUNTUTAN TERHADAP PENGEDAR SEDIAAN FARMASI ILEGAL BERDASARKAN UNDANG-UNDANG KESEHATAN DI KEJAKSAAN NEGERI TUBAN Narita Tarasari; Maria Novita Apriyani
Jurnal Ilmiah Advokasi Vol 14, No 2 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i2.8443

The increasing circulation of illegal pharmaceutical products, particularly Double L pills, reflects weak compliance with health regulations and poses a significant challenge to criminal law enforcement in Indonesia. This issue highlights the need for an effective prosecution mechanism as an integral part of the criminal justice system to ensure legal certainty and protect public health. This study aims to analyze the implementation of prosecution against distributors of illegal pharmaceutical products under Law Number 17 of 2023 concerning Health at the Tuban District Prosecutor’s Office, as well as to identify the obstacles encountered and the measures undertaken to address them. This research employs a normative-empirical legal research (socio-legal) method using statutory, conceptual, and empirical approaches. Data were collected through library research, field observations, and interviews with public prosecutors and other relevant officials at the Tuban District Prosecutor’s Office, and were analyzed using a qualitative descriptive approach. The findings indicate that the prosecution process has generally been conducted in accordance with the applicable legal framework through the application of the dominus litis principle. However, its effectiveness remains constrained by delays in case completion due to the repeated return of case files (P-19), differences in legal interpretation between investigators and public prosecutors, and the absence of explicit legal provisions governing the time limit for returning case files during the pre-prosecution stage. These findings underscore the need to strengthen institutional coordination among law enforcement agencies and to establish clearer legal regulations governing pre-prosecution procedures in order to enhance the effectiveness of criminal law enforcement against the illegal distribution of pharmaceutical products.Keywords: prosecution; illegal pharmaceutical products; health law; Tuban District Prosecutor’s Office; dominus litis.

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