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Y. A Triana Ohowaitun
University of Jember, Indonesia

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Criminal Responsibility in Documents Forgery of Applying Credit Card Silvia Anggraini; Y. A Triana Ohowaitun; Ainul Azizah
Rechtenstudent Vol. 5 No. 1 (2024): Rechtenstudent April 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i1.324

Abstract

This research discusses criminal liability in cases of forgery of documents in credit card applications which contain an element of inclusion. Forgery of documents in Articles 263 to 276 of the Criminal Code. This research uses a normative juridical research method using three approaches, namely the statutory approach, conceptual approach, and case approach. Consisting of two problem formulations, namely 1) What is the article alleged by the Public Prosecutor in Decision no. 357/Pid.B/2019/PN.Jkt.Pst and Decision No. 358/Pid.B/2019/PN.Jkt.Pst are in accordance with the acts of participation carried out by the defendant? 2) What is the judge's consideration in handing down a decision against the perpetrator of the crime of document forgery in Decision No. 357/Pid.B/2019/PN.Jkt.Pst and Decision No. 358/Pid.B/2019/PN.Jkt.Pst are in accordance with the defendant's guilt? This research results that 1) the element of inclusion in the indictment made by the public prosecutor is not clear about the direction of participation, because the articles being targeted are different, so the indictment must be statedobsciuur libel. 2) the judge's considerations in handing down a decision regarding the criminal act of forgery of documents in decision no. 357/Pid.B/2019/PN.Jkt.Pst is in accordance with the defendant's error, namely fulfilling the element of error by intentionally falsifying a letter, and decision no. 358/Pid.B/2019/PN.Jkt.Pst has fulfilled the element of error by deliberately using a fake letter. However, because one of the elements of the indictment, namely the inclusion element, is considered unclear, one of the decisions must be null and void.
Examining Disparities in Religious Court Decisions on Voluntary Itsbat Nikah and Underage Siri Marriages Hadi Nur Ikhwan; Y. A Triana Ohowaitun; Dominikus Rato
Rechtenstudent Vol. 5 No. 2 (2024): Rechtenstudent August 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i2.377

Abstract

This study examines two Religious Court decisions in Indonesia, Case Number 9/Pdt.P/2025/Pa.Ngr and Case Number 23/Pdt.P/2025/Pa.Klp, both concerning applications for marriage validation (itsbat nikah). The two cases share similar characteristics because the marriages were unregistered and the wife was underage at the time of marriage. Although both cases were decided by a single judge, their rulings and legal considerations differ, offering insight into judicial discretion and legal interpretation in voluntary cases. This research uses a normative juridical approach focusing on the analysis of Indonesian positive law, including legislation, judicial decisions, and literature. The study aims to identify the legal basis, reasoning, and implications behind the different judicial outcomes. Findings show that in cases of unregistered marriages, judges may either grant or reject marriage validation requests depending on their interpretation of legal norms and the specific circumstances. These differences may create legal uncertainty and disadvantage parties seeking recognition of their marital status. Therefore, it is important for individuals to comply with the legal marriage age requirement of 19 years to ensure the legality and protection of their marital rights under Indonesian law.
Co-Authors Ainul Azizah Dominikus Rato Hadi Nur Ikhwan Silvia Anggraini