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All Journal Indonesian Journal of Social Sciences and Humanities
Sari, Diana Lukita
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Penjualan Bayi oleh Ibu Kandung dalam Perspektif Hukum Pidana Triana, Ramadhani; Sari, Diana Lukita; Zulfiani, Anita
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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Abstract

The sale of babies by biological mothers is a form of human trafficking that violates the law, humanitarian values, and children's rights. This phenomenon demonstrates a shift in the family's role from protector to exploiter of children. This study aims to analyze the legal regulations regarding baby selling from the perspective of human trafficking and the forms of criminal liability imposed on biological mothers as perpetrators. The research method used is normative legal research with a statutory and case-based approach. Primary and secondary legal materials were analyzed qualitatively and normatively. The results indicate that the act of baby selling fulfills the elements of a crime as stipulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking and Law Number 35 of 2014 concerning Child Protection. In Decision Number 328/Pid.Sus/2023/PN Pal, the judge applied the idealist concursus theory because a single act violates more than one criminal provision. The biological mother, as the perpetrator, can be held criminally responsible if she meets the elements of capacity to take responsibility and culpability. Strict law enforcement and preventive measures are needed to prevent the recurrence of similar crimes.
Penerapan Concursus Realis dalam Tindak Pidana Pembunuhan Berencana dan Pemerkosaan Anak Meliala, Farah Nabila Zahran; Sari, Diana Lukita; Zulfiani, Anita
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

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Abstract

This study aims to analyze the application of concursus realis in cases of premeditated murder accompanied by child rape, as well as to examine the sentencing in such circumstances. The research employs a normative juridical method with statutory and conceptual approaches. The results indicate that in judicial practice, concursus realis is applied when multiple independent criminal acts are committed by the same perpetrator within a single series of events. Normatively, Article 65 of the Indonesian Criminal Code stipulates that the sentence shall be based on the most severe punishment increased by one-third. However, in practice, judges do not always apply this mathematical calculation and may impose life imprisonment or even the death penalty by considering the severity of the crime, its impact, and aggravating circumstances. This discrepancy between normative provisions and judicial practice may lead to legal uncertainty. Therefore, stronger juridical reasoning is required in judicial considerations to ensure consistency and transparency in sentencing within the framework of concursus realis.
Penerapan Concursus Realis dalam Tindak Pidana Pembunuhan Berencana dan Pemerkosaan Anak Meliala, Farah Nabila Zahran; Sari, Diana Lukita; Zulfiani, Anita
Indonesian Journal of Social Sciences and Humanities Vol. 6 No. 1 (2026): Indonesian Journal of Social Sciences and Humanities (IJSSH)
Publisher : Indonesian Publication Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the application of concursus realis in cases of premeditated murder accompanied by child rape, as well as to examine the sentencing in such circumstances. The research employs a normative juridical method with statutory and conceptual approaches. The results indicate that in judicial practice, concursus realis is applied when multiple independent criminal acts are committed by the same perpetrator within a single series of events. Normatively, Article 65 of the Indonesian Criminal Code stipulates that the sentence shall be based on the most severe punishment increased by one-third. However, in practice, judges do not always apply this mathematical calculation and may impose life imprisonment or even the death penalty by considering the severity of the crime, its impact, and aggravating circumstances. This discrepancy between normative provisions and judicial practice may lead to legal uncertainty. Therefore, stronger juridical reasoning is required in judicial considerations to ensure consistency and transparency in sentencing within the framework of concursus realis.
Co-Authors Anita Zulfiani, Anita Meliala, Farah Nabila Zahran Meliala, Farah Nabila Zahran Triana, Ramadhani