Lex Stricta : Jurnal Ilmu Hukum
Vol. 5 No. 1 (2026)

Analisis Yuridis Putusan Hakim Nomor 1362/Pid.B/2024/PN Plg Tentang Perkara Tindak Pidana Bersama Sama Menggunakan Kekerasan Terhadap Korban Yang Mengakibatkan Luka-Luka

Satya Palinsa Putra (Sekolah Tinggi Ilmu Hukum Sumpah Pemuda)
Hendi Romadoni (Sekolah Tinggi Ilmu Hukum Sumpah Pemuda)
Kurniadi Kurniadi (Sekolah Tinggi Ilmu Hukum Sumpah Pemuda)
Dedy Irawan (Sekolah Tinggi Ilmu Hukum Sumpah Pemuda)



Article Info

Publish Date
17 Jul 2026

Abstract

Criminal acts of violence committed jointly are offenses that can disrupt public order and cause physical and psychological harm to victims. This study aims to analyze the legal considerations of the panel of judges in the Palembang District Court Decision No. 1362/Pid.B/2024/PN Plg, as well as the factors that hinder judges in imposing criminal penalties on perpetrators of joint acts of violence. This study employs a mixed-methods legal approach combining normative and empirical perspectives. Data were collected through a review of legislation, court decisions, legal literature, and interviews with the judges who adjudicated the case. The analysis was conducted using a descriptive qualitative method. The results show that judges consider both legal and non-legal aspects, including the fulfillment of the elements of Article 170 of the Criminal Code, trial facts, evidence, the consequences of the act, motive, the defendant’s circumstances, and recidivism status. Challenges in sentencing are influenced by differences in case characteristics, the wide range of potential criminal penalties, and the lack of uniform sentencing guidelines. This study concludes that the judges’ rulings are in accordance with applicable legal provisions; however, clearer sentencing guidelines are needed to reduce sentencing disparities and ensure legal certainty, justice, and public benefit.

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Journal Info

Abbrev

lexstricta

Publisher

Subject

Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Published by Sekolah Tinggi Ilmu Hukum Sumpah Pemuda (STIHPADA), contains scientific writings, results of research discussions, book discussions and supporting opinions. The legal articles published in this journal are scientific works of students and lecturers who have met the Author Guidelines ...