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ANALISA PEMIDANAAN PELAKU TINDAK PIDANA PENGGELAPAN DI PARIGI MOUTONG (PUTUSAN NOMOR 85/PID.B/2020/PN PRG) Yoga Gunandy Dananjaya; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

This research relates to the punishment of several acts of embezzlement known as concurrence of acts or concursus. The problems are: is there a combination of crimes in this crime of embezzlement in decision number 85/Pid.B/2020/PN.PRG. and what are the criminal sanctions against the perpetrators of the crime of embezzlement according to the Criminal Code (KUHP)? The research is a normative juridical and analytical descriptive. The results of the research and discussion are that in the case of the Parigi District Court decision Number 85/Pid.B/2020/PN PRG there is a combination of criminal acts in the form of concurcus realis. The form of criminal sanctions for the crime of embezzlement in the decision of the Parigi District Court Number 85/Pid.B/2020/PN PRG for the type of combined criminal acts concurrently/concurcus realis adheres to the criminal system of the heaviest punishment system where the judge only imposes the most severe punishment with added weighting. This research suggests that the Panel of Judges of the Parigi District Court pay more attention to the applicability of the principles of criminal law, especially the arrangements regarding the combination of criminal acts or concursus realis and the forms of criminal sanctions that are applied.

- “Pemidanaan Oleh Hakim Dalam Pencurian Pada Malam Hari Di Rumah (Putusan Nomor 638/ Pid. B/ 2020/ PN MRE)”: - Diastika Fajar Anggraeni; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15859

Regarding nighttime stealing at home, decision number 638/Pid.B/2020/PN MRE was made. In Decision Number 638/Pid.B/2020/PN MRE, the issue is whether the author's actions are in accordance with Article 363 paragraphs (1), fourth and fifth, of the Criminal Code, and what sentencing guidelines the judge took into account when imposing a decision on the case. Legal research, which is descriptive analysis in nature, is the research methodology used. This study's findings and debate led to the development of sentencing recommendations and goals. The conclusion of this study is that the judge's judgment is asynchronous when employing the requirements of Article 363 paragraphs (1) 4 and 5 of the Criminal Code and sentencing standards that are considered by judges in applying criminal sanctions to perpetrators must be objective so that later the judge will fully fulfill the goals of security and justice. The conclusion of this study: the defendant's actions in this case do not meet the requirements of Article 363 paragraph (1) 5, but the requirements of Article 363 paragraph (2) of the Criminal Code and the sentencing guidelines used are evidence, legal facts, witness statements from victims, and statements from the accused. These sentencing guidelines have not yet been regulated in the Criminal Code and have only been found in the 2019 Draft Criminal Code.

ANALISA PEMIDANAAN PELAKU TINDAK PIDANA PENGGELAPAN DI PARIGI MOUTONG (PUTUSAN NOMOR 85/PID.B/2020/PN PRG) Yoga Gunandy Dananjaya; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13620

This research relates to the punishment of several acts of embezzlement known as concurrence of acts or concursus. The problems are: is there a combination of crimes in this crime of embezzlement in decision number 85/Pid.B/2020/PN.PRG. and what are the criminal sanctions against the perpetrators of the crime of embezzlement according to the Criminal Code (KUHP)? The research is a normative juridical and analytical descriptive. The results of the research and discussion are that in the case of the Parigi District Court decision Number 85/Pid.B/2020/PN PRG there is a combination of criminal acts in the form of concurcus realis. The form of criminal sanctions for the crime of embezzlement in the decision of the Parigi District Court Number 85/Pid.B/2020/PN PRG for the type of combined criminal acts concurrently/concurcus realis adheres to the criminal system of the heaviest punishment system where the judge only imposes the most severe punishment with added weighting. This research suggests that the Panel of Judges of the Parigi District Court pay more attention to the applicability of the principles of criminal law, especially the arrangements regarding the combination of criminal acts or concursus realis and the forms of criminal sanctions that are applied.

- “Pemidanaan Oleh Hakim Dalam Pencurian Pada Malam Hari Di Rumah (Putusan Nomor 638/ Pid. B/ 2020/ PN MRE)”: - Diastika Fajar Anggraeni; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15859

Regarding nighttime stealing at home, decision number 638/Pid.B/2020/PN MRE was made. In Decision Number 638/Pid.B/2020/PN MRE, the issue is whether the author's actions are in accordance with Article 363 paragraphs (1), fourth and fifth, of the Criminal Code, and what sentencing guidelines the judge took into account when imposing a decision on the case. Legal research, which is descriptive analysis in nature, is the research methodology used. This study's findings and debate led to the development of sentencing recommendations and goals. The conclusion of this study is that the judge's judgment is asynchronous when employing the requirements of Article 363 paragraphs (1) 4 and 5 of the Criminal Code and sentencing standards that are considered by judges in applying criminal sanctions to perpetrators must be objective so that later the judge will fully fulfill the goals of security and justice. The conclusion of this study: the defendant's actions in this case do not meet the requirements of Article 363 paragraph (1) 5, but the requirements of Article 363 paragraph (2) of the Criminal Code and the sentencing guidelines used are evidence, legal facts, witness statements from victims, and statements from the accused. These sentencing guidelines have not yet been regulated in the Criminal Code and have only been found in the 2019 Draft Criminal Code.

SANKSI PIDANA TERHADAP IBU KANDUNG YANG MENGAKIBATKAN MATINYA ANAK (STUDI PUTUSAN NOMOR 47.PID.SUS/2021/ PN.JKT.PST) Kharisma Nabila Sapeva; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.17223

This research is about criminal sanctions imposed on biological mothers who act violently against their children by hitting them, resulting in the child's death. By reviewing decision No.47/Pid.Sus/PN.JKT.PST, the formulation of the research problem is whether the judge considers the punishment of the biological mother based on Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 in Decision no. 47/Pid.Sus/2020/Pn.Jkt is in accordance with the theory of the purpose of punishment. This research is of a normative juridical type which is descriptive in nature, through the use of secondary data with qualitative processing and drawing conclusions deductively. The results of his research showed that the judge did not consider the formulation of norms in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 concerning child protection, namely the punishment increased by 1/3 so that the prison sentence for the perpetrator becomes 20 years. The conclusion from this research is that considering the sanctions that the judge imposed for the punishment of the biological mother in Article 80 paragraph (3) in conjunction with Article 76 C of Law no. 35 of 2014 does not match the theory of the purpose of punishment based on contemporary theory

ANALISIS TINDAK PIDANA PENCABULAN ATAU MEMASUKI RUMAH TANPA IZIN MENURUT KUHP (PUTUSAN NOMOR 137/PID.B/2020/PN RKB) Abiyyu Ghaly; Maria Silvya E. Wangga
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18552

Obscene behavior is a form of crime involving decency and modesty. In this context, the defendant Sukiyono als Yono bin Soekarno was involved in a case of the crime of obscenity, but in decision no 137/Pid.B/2020/PN Rkb, the perpetrator's actions were linked to Article 167 paragraph (1) of the Criminal Code (KUHP) which regulates forcing to enter a house without permission. This study aims to understand the judge's interpretation of the perpetrator's actions, whether as a criminal offense of sexual abuse or as a violation of Article 167 of the Criminal Code, and whether the perpetrator's actions meet the qualifications of the criminal offense of sexual abuse in accordance with Article 289 of the Criminal Code. This research methodology is normative and descriptive using secondary data obtained through literature study. The results show that the perpetrator's actions do not meet the elements in Article 167 (1) of the Criminal Code on forcing to enter a house without permission, so that the perpetrator's actions are more appropriate to be associated with Article 289 of the Criminal Code which regulates the crime of sexual abuse with threats of violence and is subject to criminal sanctions with a maximum imprisonment of nine years.

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