Abstract:This study aims to determine the application of the elements of the crime of premeditated murder under Article 340 of the criminal code in Decision No : W20.U1/25 / AT.05.02/12/2019 and to find out the legal considerations…
ns of the panel of judges in the imposition of penalties against perpetrators of premeditated murder in the decision No. W20.U1/25 / AT.05.02/12/2019.The method used in this study is the technique of data collection by way of research study of documents conducted in the Gorontalo District Court and reading literature and other reading sources as well as interview techniques in which the authors conduct direct questioning to the parties concerned in this case Gorontalo District Court judges, prosecutors and legal experts concerning the object research. The results of this study showed that the application of elements of the crime of premeditated murder law and Decision No: W20.U1/25 / AT.05.02/12/2019 is accurate.the public prosecutor uses the indictment of the first indictment primair Article 340 of KUHP ,indictment subsidiair 338 of KUHP indictment more subsidair 351 paragraph(3) of KUHP and the second indictment 285 of KUHP
Abstract:The death penalty is the heaviest criminal sanction in the criminal system in Indonesia. It can be said that this is because the death penalty takes a person's life, where the right to life is the basic right of every person.…
rson. In Indonesia, the death penalty is applied to general crimes with serious qualifications and special crimes which are classified as serious crimes. One specific crime that can be sentenced to death is corruption because its impact is so dangerous for the survival of a country. This article will analyze the existence of the death penalty in anti-corruption laws. The results of this research indicate that the existence of the death penalty in anti-corruption law is specifically for corruption committed under certain circumstances. The particular situation in question is corruption carried out in an emergency situation.
Abstract:For the sake of realizing a prosperous, just and prosperous Indonesian society based on Pancasila and the 1945 Constitution. The quality of Indonesia's human resources must be continuously improved for national development…
nt capital and making Indonesia a developed country. It also includes attention to youth and children as the next generation, so that one day they can bring Indonesia into a developed country. Talking about the problem of adolescents and children is an interesting subject to be discussed and discussed hotly these years of years the level of juvenile delinquency in narcotics abuse, brawl that leads to criminal acts, more specifically criminal acts of theft perpetrated by children. In the current era, we hear a lot of theft, both adults and young children. According to article 1 number 1 of the Child Protection Act, "a child is someone who is not yet 18 years (eighteen) years old, including those still in the womb". In juvenile criminal law, hereinafter referred to as Delinquency / (crime) against several acts that are against the law. According to Romli Atmasasmit Juvenile (15), Delinquency is any act or behavior of a child under the age of 18 years and has not married which is a violation of applicable legal norms, and can endanger the child's personal development.
Abstract:Based on research results witness or victim protection is regulated in Law no. 13 of 2006 and to find out how the legal protection of the rights of the defendant in criminal cases in Gorontalo the violation of the defendant…
ant was carried out by the investigator both from the beginning of the process until the end of the process. The human rights law must be fulfilled and there are several violations committed by the investigator both intentionally or unintentionally. The defendant's human rights are listed in Law No. 8 of 1981 concerning criminal procedural law in article 98 paragraph 1 explains"If an act which forms the basis of an indictment in an examination of a criminal case by a district court results in a loss for another person, the presiding judge may at the request of that person determine to incorporate the case for the compensation claim to the criminal case".Paragraph (2) explains;"The request referred to in paragraph (1) may only be submitted at the latest before the public prosecutor recommends a criminal charge. In the event that the public prosecutor is not present, the request is submitted no later than before the judge passes the sentence ".The defendant's human rights law is a right that must be carried out by the investigator from the beginning of the process until the end of the investigation process.
Abstract:Responding to the emergency of sexual violence in Indonesia which occurs from year to year, the Government of the Republic of Indonesia in 2022 passed Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. This…
is law complements a series of regulations that already regulate crimes of sexual violence. The specialty of this law is that it provides more comprehensive regulation of sexual violence crimes, which are currently increasingly diverse. One of the interesting things regulated in the law is related to rehabilitation efforts for perpetrators of criminal acts of sexual violence. This article will discuss rehabilitation efforts for perpetrators of sexual violence which aim to recover perpetrators from their deviant acts, namely sexual violence. This research uses normative research methods with a conceptual approach and a statutory approach. The results of this research indicate that providing rehabilitation measures according to the Criminal Code is a type of action that can be imposed simultaneously with criminal sanctions or separately by referring to the judge's considerations. Meanwhile, the provision and mechanism of rehabilitation measures for perpetrators of sexual violence as regulated in Law Number 12 of 2022 concerning the Crime of Sexual Violence still requires further regulations issued by the Ministry of Social Affairs and the Ministry of Health to be implemented optimally
Abstract:This study examines the phenomenon of siri’ killing in the Bugis-Makassar community, which has received limited attention in global discussions on honor-based killings. The background of this research is rooted in the strong…
strong value of siri’ as a system of collective honor that not only regulates social behavior but also has the potential to generate violence as a means of restoring dignity. The research problem focuses on how the construction of siri’ shapes collective honor, how patterns of honor-motivated killings occur, and how Indonesian criminal law responds to this phenomenon without legitimizing violence. This study employs a normative legal method with statutory, case, and conceptual approaches to analyze the relationship between legal norms and cultural values. The findings indicate that siri’ is understood as a collective family identity that significantly influences individual behavior, with women becoming the most vulnerable group due to the unequal distribution of moral burden. Patterns of siri’ killing are generally associated with control over sexuality and marriage and are driven by social pressure and collective moral legitimacy. The response of criminal law tends to be ambivalent, as cultural motives are not justified but are often considered as background factors. The conclusion emphasizes that siri’ killing is a complex phenomenon that cannot be understood merely as a criminal act, but rather as the result of interactions among culture, gender, and law. The novelty of this study lies in the integration of cultural, criminal law, and gender perspectives in explaining siri’ killing as a localized form of honor killing with distinctive characteristics in Indonesia.
Abstract:This study examines the enforcement of criminal law in relation to the offense of aggravated theft as adjudicated in the District Court Decision of Amlapura No. 60/PID.B/2024/PN Amlapura, wherein the Defendant, Jana alias…
s Tobi, was found legally and convincingly guilty of committing aggravated theft as stipulated under Article 363 paragraph (1) point 4 of the Indonesian Penal Code (KUHP). The objective of this research is to analyze the application of criminal law in the aforementioned case, with a particular focus on two principal legal issues: (1) how law enforcement was implemented in the case in question, and (2) how the judicial decision aligns with the foundational legal principles of justice, legal certainty, and utility. The research employs a normative juridical method with a descriptive-analytical approach, and utilizes both the theory of law enforcement and the theory of criminal acts as the conceptual framework. The findings indicate that all elements of the criminal offense under Article 363 paragraph (1) point 4 of the Penal Code were fulfilled, and that the panel of judges duly considered both aggravating and mitigating factors in a balanced manner. Nonetheless, further analysis reveals that the Defendant’s role in the commission of the offense was more auxiliary in nature, thereby suggesting that the normative application of Article 55 of the Penal Code would have been more appropriate. This misapplication of legal provisions potentially gives rise to substantive injustice and opens the possibility for further legal remedies. The study concludes that although the formal procedures of law enforcement were conducted in accordance with prevailing legal standards, there exists a substantive deficiency in the identification of the perpetrator’s role, which adversely affects the overall fairness of the verdict. The novelty of this research lies in its critical analysis of the accuracy of judicial application of substantive criminal norms and the imperative of rigorous judicial reasoning in sentencing, aimed at reinforcing the integrity and consistency of the Indonesian criminal justice system.
Abstract:The enactment of Law Number 3 of 2024, as the second amendment to Law Number 6 of 2014 concerning Villages, has introduced new challenges in the governance of village administration, particularly in the legal accountability…
ity of village heads in managing village finances. Although the law outlines the authority of village heads, it does not explicitly stipulate provisions for criminal or civil sanctions in cases of abuse of power. This normative gap poses potential risks of harm to village communities due to the weak legal accountability mechanisms. This study aims to examine and analyze the legal implications of the normative vacuum in village regulations and to emphasize the urgency of establishing more specific and binding implementing regulations. Employing a normative juridical research method through statutory and conceptual approaches, this study analyzes relevant legislation and supporting legal literature. The findings reveal that the absence of clear legal sanction provisions in the Village Law creates a legal grey area that can be exploited for administrative misconduct and corruption. Therefore, regulatory reform is required in the form of amendments or the formulation of implementing regulations that explicitly define the types of sanctions and legal accountability mechanisms for village heads. The novelty of this study lies in its systematic identification of legal loopholes that have received limited attention in existing village law literature, as well as its concrete proposals for regulatory reformulation aimed at strengthening accountability and transparency in village financial management.
Abstract:The aim of this research is to analyze specifically and in depth the urgency of registering marriages in Jambi Province based on the Compilation of Islamic Law from the Maqāṣid al-Syarīah perspective. The research method…
thod used is a type of qualitative research with the field research category. This research is also normative legal research, where the object can be public law, criminal law, civil law, family law, marriage law and so on. This research was conducted at the KUA in Jambi Province. The data sources in this research consist of primary and secondary data sources. The data collection techniques used in this research are observation, interviews and documentation. The results of this research show that marriage registration for the people of Jambi Province is very important. Based on the Maqāṣid al-Syarīah perspective, there is maṣlahah in registering marriages, namely to provide protection for the husband, wife and children in the family. If we pay attention to the legality of marriages in Indonesia, the state only recognizes registered marriages, on the basis of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law.
Abstract:This research aims to analyze and evaluate the criminal liability imposed on tourists who damage the Uma Lengge Maria cultural heritage in Maria Village, Wawo District, Bima Regency. Bima is an area that has cultural and…
tourism diversity. One of the cultural and tourism diversity is the Uma Lengge Maria Cultural Reserve which is located in Maria Village, Wawo District, Bima Regency. Uma Lengge is a traditional house of the Bima people which has existed for a long time and must be maintained in its existence and beauty so that it remains intact and its beauty can be enjoyed for the future. This research use desciptive qualitative approach. A descriptive approach is an approach that aims to systematically describe the facts and characteristics of a particular population or in a particular field factually and carefully. Data collection methods were carried out by observation, interviews and documentation. The data analysis method is carried out in the stages of data collection, data reduction, data presentation, and drawing conclusions. The results of the research show that legal action is taken against criminal liability for tourists who damage the cultural heritage at Uma Lengge Maria. Uma Lengge in the Maria Village Tourist Area, there are 13 uma lengge and 103 jompa. The existence of uma lengge must be maintained so that its existence remains well into the future. there are sanctions and criminal liability for tourists who damage the Uma Lengge Maria cultural heritage in Wawo District, Bima Regency, West Nusa Tenggara.