Sri Kusriyah
Faculty of Law, Universitas Islam Sultan Agung

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Legal Protection against Women Which Do Criminal Actions of Abortion from Victims of Rape for Justice Farida Farida; Sri Kusriyah
Jurnal Daulat Hukum Vol 3, No 4 (2020): December 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i4.13108

Abstract

This study aims to identify and describe the legal protection of women perpetrators of the crime of abortion, victims of rape based on positive law in Indonesia in order to realize justice. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are legal protection for women perpetrators of abortion, victims of rape based on positive law in Indonesia to achieve justice that in Article 48 of the Criminal Code that the perpetrator's actions are committed due to coercion, then they will not be convicted. The perpetrator was released from punishment on the grounds of forgiveness, whereas in the Republic of Indonesia Act No. 36 of 2009, that abortion is allowed due to indications of a medical emergency that threatens the life of the mother and pregnancy due to rape, given the trauma caused by rape that must be experienced by women who are victims of rape is very severe.
Role Of Public Prosecutors In Corruption Crime Prosecution Agung Nugroho Santoso; Sri Kusriyah
Law Development Journal Vol 3, No 2 (2021): June 2021
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.105 KB) | DOI: 10.30659/ldj.3.2.198-204

Abstract

The aims of this study are as follows: To identify and analyze the role of the Public Prosecutor in prosecuting defendants for corruption. To find out and analyze the efforts that will be made by the Public Prosecutor if the decision handed down by the Judge of the Corruption Court is not in accordance with the demands of the Public Prosecutor. The approach method used in this study is a sociological juridical research method. The specifications in this study are analytical descriptive. Based on the results of this study, the role of the Public Prosecutor in Prosecuting Defendants of Criminal Acts of Corruption, namely the public prosecutor in carrying out prosecutions for criminal acts of corruption has been sufficient to prove the fulfillment of the elements of criminal acts of corruption that were violated by the defendant as a result of the actions committed. Starting from the investigation, prosecution, legal action which then if it already has permanent legal force, the prosecutor's office as in making charges against criminal acts of corruption is regulated in Article 137, Article 139 and Article 143 of the Criminal Procedure Code as well as Act No. 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. Indonesia, thus giving confidence to the judge that the defendant's actions had violated the criminal provisions he was charged. Examination of the Cassation Level for Legal Interests (Article 259 of the Criminal Procedure Code). Review of Court Decisions that have Permanent Legal Force (Article 263 of the Criminal Procedure Code).