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TINJAUAN YURIDIS TINDAK PIDANA PEMBANTUAN PENCURIAN DENGAN PEMBERATAN (PUTUSAN NOMOR 241/PID.B/2021/PN SBG) Ronaldo; Aprima Suar
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

There are circumstances or a chronology of cases that are essentially this is a qualification of the elements of Article 363 Paragraph 1, 3 in conjunction with Article 56 of the Criminal Code that regulates the crime of assisting theft with weighting. As a defendant named Ranto Silaban, it has been decided and declared legally and convincingly proven guilty of committing the crime of collection in Article 480 1st of the Criminal Code. Problem statement: In the case study of Decision Number 241/Pid.B/2021/PN Sbg, is there a distinction between stealing by weighting and theft by receiving? Also, how are criminal penalties applied in this instance? The study is normative, descriptive-analytical, employs secondary data sources, qualitatively analyses, and applies the deductive technique to generate conclusions. The difference between stealing and weighting is defined in Article 363 Paragraph 1. Third of the Criminal Code, whereas collection is defined in Article 480. First of the Criminal Code, according to research findings, discussion, and conclusion. The penalty for violating Article 480 1 of the Criminal Code, which deals with receiving the strongest threat, is four years in prison. In this case, defendant Ranto helped commit theft with weighting in order to profit.

Tindak Pidana Penganiayaan Terungkap Direncanakan Terlebih Dahulu Mengakibatkan Korban Luka-Luka (Studi Putusan PN Brebes Nomor: 57/ Pid.B /2020 / PN.BBs.).” Adde Pramana Putra; Aprima Suar
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.v5i2.15827

Based on how these actions affect the victims, material criminal law is applied to acts of persecution. The elements of the persecution offense that were broken will determine how the victim of the crime is punished. The issue is whether the criminal act of persecution in the case of Brebes District Court Decision No: 57/Pid.B/2020/PN.BBs., satisfies the criminal elements of Article 351 paragraph (1) of the Criminal Code, and how the criminal act of persecution in the case of the Brebes District Court Decision is subject to material criminal law. The research approach makes use of a particular sort of study, namely normative legal research, which has an analytical descriptive research nature. and the type of data used is secondary data, analyzed qualitatively to then draw conclusions deductively. The results of the research, discussion and conclusion are that the abuse committed by the Defendant against the Victims and concluded from witness statements, the confessions of the accused and from the results of the Visum Et Repertum, fulfill the criminal elements of Article 351 paragraph (1) of the Criminal Code. However, the application of the material criminal law by the Panel of Judges at the Brebes District Court was inappropriate, because the legal facts revealed at trial showed that the sickle used by the Defendant had been prepared beforehand, so that the application of material punishment to the case was a criminal act of premeditated persecution under Article 353 of the Criminal Code.

- Tinjauan Pidana Kesusilaan Dimuka Umum Yang Dilakukan Oleh Militer (Put. No. 110-k/PMT-K/BDG/AD/XI/2019) (Studi Putusan No.26/Pid.Sus/2021/PN Kph): - Azhari Halin Hutapea; Aprima Suar
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16836

The military personnel of the TNI are subject to the law. Regarding the exercise of judicial authority, a military court must be used for the trial. In this instance, using military justice to construct of the personnel. The military personnel of the TNI is breaking the law. Problem statement: What is the penalty for military personnel who violate public decency laws? And why did the judge impose further military criminal sanctions on personnel who commit crimes against decency in public? Analytical descriptive in character, normative legal studies is the study methodology used. The study's findings, analysis, and conclusion, which pertain to Article 281 of the prosecutor's indictment against those who committed the crime of decency In this case, the prosecution is only seeking a sentence of seven months in prison since the defendant planned to receive that sentence, and the author believes that the Auditor made mistakes during the prosecution. The maximum prison term is 2 years and 8 months due to the requirement in Article 281, Paragraph 1 of the Criminal Code, and this decision is also in conformity with the provisions in STK Panglima TNI No. 198 of 2005 connected to decency.

TINDAK PIDANA PENGGELAPAN KARENA PENGUASAAN BARANG DISEBABKAN ADANYA HUBUNGAN KERJA: The Criminal Action Of Embracing Due To Control Of Goods Caused By An Work Relationship Yeka Sapitri; Aprima Suar
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19531

It started from the Paseban Motor Showroom, which has an inventory of motorbikes in the showroom that are used by employees who have a working relationship to commit embezzlement. The formulation of the problem in this writing is whether the crime of embezzlement due to the possession of goods is caused by a working relationship following Article 372 of the Criminal Code and how the sentence is canceled by a judge for one year and eight months in prison according to the purpose of sentencing. The research was conducted normatively with the nature of descriptive-analytical research and concluded using deductive logic methods. Of the offender's actions, it is not appropriate to be subject to Article 372 of the Criminal Code, so it is more appropriate to be subject to Article 374. The form of punishment is also inappropriate considering that there was an error in the application of the article so that the Judge cannot decide on the ultra petite and can only be guided by the existing indictment as Article 182 paragraph (3) ) and (4) Criminal Procedure Code.

TINJAUAN YURIDIS TINDAK PIDANA PEMBANTUAN PENCURIAN DENGAN PEMBERATAN (PUTUSAN NOMOR 241/PID.B/2021/PN SBG) Ronaldo; Aprima Suar
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15137

There are circumstances or a chronology of cases that are essentially this is a qualification of the elements of Article 363 Paragraph 1, 3 in conjunction with Article 56 of the Criminal Code that regulates the crime of assisting theft with weighting. As a defendant named Ranto Silaban, it has been decided and declared legally and convincingly proven guilty of committing the crime of collection in Article 480 1st of the Criminal Code. Problem statement: In the case study of Decision Number 241/Pid.B/2021/PN Sbg, is there a distinction between stealing by weighting and theft by receiving? Also, how are criminal penalties applied in this instance? The study is normative, descriptive-analytical, employs secondary data sources, qualitatively analyses, and applies the deductive technique to generate conclusions. The difference between stealing and weighting is defined in Article 363 Paragraph 1. Third of the Criminal Code, whereas collection is defined in Article 480. First of the Criminal Code, according to research findings, discussion, and conclusion. The penalty for violating Article 480 1 of the Criminal Code, which deals with receiving the strongest threat, is four years in prison. In this case, defendant Ranto helped commit theft with weighting in order to profit.

Tindak Pidana Penganiayaan Terungkap Direncanakan Terlebih Dahulu Mengakibatkan Korban Luka-Luka (Studi Putusan PN Brebes Nomor: 57/ Pid.B /2020 / PN.BBs.).” Adde Pramana Putra; Aprima Suar
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.v5i2.15827

Based on how these actions affect the victims, material criminal law is applied to acts of persecution. The elements of the persecution offense that were broken will determine how the victim of the crime is punished. The issue is whether the criminal act of persecution in the case of Brebes District Court Decision No: 57/Pid.B/2020/PN.BBs., satisfies the criminal elements of Article 351 paragraph (1) of the Criminal Code, and how the criminal act of persecution in the case of the Brebes District Court Decision is subject to material criminal law. The research approach makes use of a particular sort of study, namely normative legal research, which has an analytical descriptive research nature. and the type of data used is secondary data, analyzed qualitatively to then draw conclusions deductively. The results of the research, discussion and conclusion are that the abuse committed by the Defendant against the Victims and concluded from witness statements, the confessions of the accused and from the results of the Visum Et Repertum, fulfill the criminal elements of Article 351 paragraph (1) of the Criminal Code. However, the application of the material criminal law by the Panel of Judges at the Brebes District Court was inappropriate, because the legal facts revealed at trial showed that the sickle used by the Defendant had been prepared beforehand, so that the application of material punishment to the case was a criminal act of premeditated persecution under Article 353 of the Criminal Code.

- Tinjauan Pidana Kesusilaan Dimuka Umum Yang Dilakukan Oleh Militer (Put. No. 110-k/PMT-K/BDG/AD/XI/2019) (Studi Putusan No.26/Pid.Sus/2021/PN Kph): - Azhari Halin Hutapea; Aprima Suar
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16836

The military personnel of the TNI are subject to the law. Regarding the exercise of judicial authority, a military court must be used for the trial. In this instance, using military justice to construct of the personnel. The military personnel of the TNI is breaking the law. Problem statement: What is the penalty for military personnel who violate public decency laws? And why did the judge impose further military criminal sanctions on personnel who commit crimes against decency in public? Analytical descriptive in character, normative legal studies is the study methodology used. The study's findings, analysis, and conclusion, which pertain to Article 281 of the prosecutor's indictment against those who committed the crime of decency In this case, the prosecution is only seeking a sentence of seven months in prison since the defendant planned to receive that sentence, and the author believes that the Auditor made mistakes during the prosecution. The maximum prison term is 2 years and 8 months due to the requirement in Article 281, Paragraph 1 of the Criminal Code, and this decision is also in conformity with the provisions in STK Panglima TNI No. 198 of 2005 connected to decency.

TINJAUAN YURIDIS TINDAK PIDANA KESUSILAAN DI MUKA UMUM OLEH MILITER (PUTUSAN NO 07–K/PM.III-12/AD/I/2020) : Juridical Review of Criminal Acts of Public Decency by the Military (Decision No. 07-K/PM.III-12/AD/I/2020) Muhammad Haritza Ardeanny Kurniawan; Aprima Suar
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18928

The crime of adultery committed by the military is tried using general criminal provisions because adultery carried out militarily, as in the case of Decision No. 07-K/PM.III-12/AD/I/2020. The formulation of the problem in question is are the actions of the defendant in the crime of adultery by Article 281 paragraph (1) of the Criminal Code or Article 284 paragraph (1) of the Criminal Code? (Decision No. 07-K/PM.III-12/AD/I/2020) and how is the punishment of the military for committing the crime of adultery? (Decision No. 07-K/PM.III-12/AD/I/2020). This research was conducted using normative juridical research type with descriptive-analytical nature with secondary data which was analyzed qualitatively, followingand a conclusion was drawn based on deductive logic. The results of the research show that the actions of the defendant are not in accordance with the provisions of Article 281 paragraph (1) of the Criminal Code because the actions of the perpetrator should be included in the Crime of Adultery based on Article 284 paragraph (1) to 2a of the Criminal Code and the punishment given to the perpetrator is not appropriate which the defendant should be declared free from all legal charges (Onslaag van Alle Recht Vervolging).

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