MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi

PENGATURAN DAN PENANGANAN TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP ANAK DALAM HUKUM PIDANA INDONESIA

Katharina Yohana — 2025-04-01

The government, local governments, and other state institutions have the obligation and responsibility to provide special protection to child victims of sexual violence. Therefore, it is very interesting and important to further study how the regulation of sexual violence against children in Indonesian criminal law? And how to handle sexual violence against children? To answer these problems, a normative legal research method is used with a statutory and conceptual approach method. Data obtained from primary, secondary, and tertiary legal sources are collected and then analyzed using qualitative data analysis techniques. The results of the study showed that the form of child protection against sexual violence in Indonesia has been regulated in positive legislation. The form of legal protection provided starts from preventing acts of sexual violence against children, protection for child victims of sexual violence and protection for children who are in conflict with the law (child perpetrators) of sexual violence. The form of legal protection for children in Law No. 17 of 2016 is by providing children's rights. The rights of children as victims to the fulfillment of the right to obtain health services and social security according to physical, mental, spiritual, and social needs. On that basis, this handling effort has been mandated by law, not only as a task for the state and government, but more broadly, where the state must provide protection responsibility for children and the entire community regarding the right to obtain health services and social security according to physical, mental, spiritual, and social needs as an effort to restore the condition of children as victims of sexual violence who have long-term trauma.

PENERAPAN PIDANA DENDA PENGGANTI DALAM TINDAK PIDANA NARKOTIKA (ANALISIS PUTUSAN NOMOR : 2050/PID. SUS/2021/PN TNG)

Mohamad Elang Pramudya — 2025-04-01

In 2021, the Tangerang District Court in verdict number 2050/Pid. Sus/2021/PN Tng, sentenced the defendant to 9 (nine) years of imprisonment for drug abuse and a fine of IDR 3,000,000.00, provided that if the fine is not paid, it will be replaced by imprisonment for 3 (three) months. The formulation of the problem, How is the application of substitute fines in Decision Number: 2050/Pid. Sus/2021/PN Tng ? and How is the application of substitute fines in Decision Number: 2050/Pid. Sus/2021/PN Tng ?. This research method uses normative legal research methods with a statutory approach and conceptual approach and uses secondary, primary and tertiary data. The results of the research obtained that the substitute fine imposed by the judge is lower than the maximum fine as stipulated in article 114 paragraph (2) Jo article 132 paragraph (1), namely the maximum fine as referred to in paragraph (1) plus 1/3 (one third), if you look at article 114 paragraph (1) the maximum fine is 10 (ten) billion if added by one third to around 13 (thirteen) billion while the judge's decision is 3 (three) billion. In this case, the judge considers the decision not only for economic purposes or just to increase state financial income, but is related to the achievement of the objectives of punishment, which considers the values of legal certainty, justice and expediency, the application of substitute fines in Decision Number: 2050/Pid.Sus/2021/Pn.Tng is in accordance with the provisions of Law Number 35 of 2009 concerning Narcotics Crimes. It is suggested that the substitute fine be given to the defendant as much as possible to provide a deterrent effect.

UPAYA PENDEKATAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA KECELAKAAN LALU LINTAS DI WILAYAH HUKUM POLRES JAKARTA BARAT

Jasman — 2025-04-01

The resolution of criminal cases through restorative justice at the investigation stage is regulated in the Chief of Police Circular Letter Number 8 of 2018 concerning the Implementation of Restorative Justice in the Settlement of Criminal Cases. This circular stipulates that cases must be resolved through restorative justice before the Notification Letter on the Commencement of Investigation (SPDP) is sent to the Public Prosecutor. Additionally, the application of restorative justice is only applicable to crimes that do not result in human victims, leading to various challenges in its implementation.This study employs a normative-empirical juridical method with a legislative and case approach. Primary data collection was conducted through field research, while secondary data was obtained through literature review. The research findings indicate that the implementation of restorative justice in resolving serious traffic accident cases at the West Jakarta Metro Police was carried out by investigators after a peace agreement was reached between the perpetrator and the victim’s family. However, this reconciliation occurred after the investigators had already sent the SPDP to the West Jakarta Attorney General’s Office, resulting in the discontinuation of the case proceedings.Several factors influence the implementation of restorative justice in resolving serious traffic accident cases, including law enforcement factors, legal substance factors, and legal culture factors. Law enforcement factors relate to the knowledge and understanding of investigators regarding the applicable laws and regulations. Legal substance factors refer to the content of the Chief of Police Circular Letter, which sets material requirements that do not accommodate the resolution of cases involving human victims, as well as formal requirements that limit the application of restorative justice only to the investigation stage before the SPDP is sent. Meanwhile, legal culture factors reflect the values, attitudes, and behaviors of society in social life, which also influence decisions to resolve traffic accident cases through a restorative justice approach. The combination of these three factors demonstrates the complexity of implementing restorative justice, particularly in cases involving loss of life, highlighting the need for further adjustments and evaluation of existing regulations.

ANALISA HUKUM PELAKU TINDAK PIDANA PENGANIAYAAN KEPADA SESEORANG DITINJAU DARI PASAL 351 AYAT (1) KUHP (STUDI KASUS PUTUSAN NOMOR : 287/PID.B/2016/PN.JKT.SEL)

Martina Azizah — 2025-04-01

This study aims to find out and understand and examine the legal regulation of the Crime of Persecution in the Criminal Code, analyze the suitability of the application of the Law in Decision Number: 287/Pid.B/2016/PN.JKT.Sel with Legal Provisions. The background further analyzes the conformity of the Law of Perpetrators of Crimes of Persecution with legal provisions, reviewed from Article 351 paragraph (1) on the defendant Rizal Irfan Shahab Bin Muhammad who beat the victims Yani Mulyani Als Vanesa, and Vindi Namirah Isman. In this case, the defendant persecuted Vindi Namirah Isman in the form of a hairpin and beating on the temples of the eyes and ears, and Yani Mulyani Als Vanesa in the form of beating on the forearm, left and right, left and right hand, and fingers of the right hand, right and left lower limbs, and left knee, pain in the tailbone, resulting in Yani Mulyani Als Vanesa's death unconscious. based on Visum Et Repertum from dr. Binsar, a doctor at Jakarta Hospital Therefore, the defendant was then sentenced to 2 (two) months in prison. This research is a normative juridical legal research, or conducted by researching secondary data sources, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection techniques used are document studies and literature studies, the instrument of this research is the decision Number: 287/Pid.B/2016/PN JKT.Sel The results of this study show, first, the provisions of the criminal law against the crime of persecution that have been regulated in article 351 paragraph (1) of the Criminal Code with the result of not causing serious injury and not dying to a person can be punished with a maximum prison sentence of 2 years and 8 months or a maximum fine of four thousand five hundred rupiah, the penalty can be increased If the act results in serious injuries, then the guilty person is threatened with imprisonment for a maximum of 5 years and if the act results in death for a maximum of 9 years. Second, the sentencing by the Judge in Decision Number: 287/Pid.B/2016/PN JKT.Sel are not in accordance with the provisions of the law and do not fulfill the sense of justice based on the theory of retributive justice.

PELAKSANAAN PENYIDIKAN TINDAK PIDANA NARKOTIKA OLEH PENYIDIK POLRI DI WILAYAH HUKUM POLDA METRO JAYA (PERIODE 1 JANUARI 2023 S/D 31 DESEMBER 2023)

Indri Yanto — 2025-04-01

The National Police plays a very important role in overcoming and enforcing the law related to narcotics crime cases. Investigators are members of the police who have duties and responsibilities in carrying out investigations into criminal acts. Investigators are responsible for gathering strong evidence to determine whether a criminal act has occurred and who is responsible for the act. In this research, we will discuss the Regulation of Narcotics Crimes and Their Investigations by Police Investigators in Indonesian Criminal Law and the Obstacles to Investigating Narcotics Crimes by Police Investigators in the Legal Area of Polda Metro Jaya for the Period 1 January 2023 to 31 December 2023. The legal research method used is normative juridical legal research methods supported by empirical data. Using a statutory approach and a conceptual approach obtained from primary, secondary and tertiary legal material sources. Regulation of Narcotics Crimes and Investigations by National Police Investigators in the Indonesian Criminal Law which is currently in force is regulated by Law Number 35 of 2009 concerning Narcotics and Investigation of Human Trafficking Crimes Based on the Indonesian Criminal Law which is currently in force is regulated in the Republic of Indonesia State Police Regulations Number 6 of 2019 concerning Criminal Investigations and on January 2 2026 regulated in Articles 609, 610 and 611 of Law Number 1 of 2023 concerning the Criminal Code. /d 31 December 2023 namely Limited Facilities and Infrastructure, Limited Human Resources for Investigators, Overlapping Authority with Other Institutions, Risks and Threats and Community Attitudes.

PERTANGGUNGJAWABAN PIDANA PEJABAT PEMBUAT AKTA TANAH (PPAT) SEBAGAI PELAKU TINDAK PIDANA PENGGELAPAN (ANALISIS PUTUSAN PN BALIKPAPAN NOMOR 685/PID.SUS/2019/PN.BPP)

Made Dita Tisnadewi — 2025-04-01

A PPAT receiving the certificate may not use the entrusted certificate for personal interests. It can be interpreted that the certificate is a State document which is in the custody of the Notary/PPAT office. In connection with this authority, PPAT can be burdened with responsibility for actions that are not in accordance with applicable regulations or are carried out unlawfully. Therefore, it is very interesting and important to study further how the crime of embezzlement is regulated in Indonesian criminal law? and what are the legal considerations of the panel of judges in the Balikpapan District Court decision Number 685/PID.SUS/2019/PN.BPP regarding the criminal liability of Land Deed Officials (PPAT) as perpetrators of the crime of embezzlement? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that the criminal act of embezzlement has been regulated in Article 372 of the Criminal Code and Article 486 of Law 1/2023 concerning the new Criminal Code which is valid for 3 years from the date of promulgation, namely 2026. Based on decision number 685/PID.SUS/2019/PNBPP, this is true. committing unlawful acts based on the provisions of Article 372 of the Criminal Code. PPAT (defendant) fulfills the elements, namely the element of who; intentionally and unlawfully; owning an item in whole or in part; the goods are in his control, not because of someone else's crime. The PPAT (defendant) must be held accountable for the crime in prison for a maximum of 4 years.

ANALISIS PEMBUKTIAN DALAM PERKARA PEMBUNUHAN YANG DIRENCANAKAN DI PENGADILAN NEGERI JAKARTA SELATAN (STUDI KASUS PUTUSAN NO 309/PID.B/2023/PN.JKT.SEL)

Kevin Daniel Patar — 2025-04-01

Importance of Evidence in premeditated murder cases often involves complex and in-depth evidence. The problem formulation for this thesis is 1) How is the evidence in premeditated murder cases in the Criminal Code Laws and Regulations? And 2) Is Decision No. 309/Pid.B/2023/PN.Jkt.Sel is it in accordance with statutory regulations? The purpose of this research is to determine the evidence in premeditated murder cases in statutory regulations. This research method uses normative research, namely research carried out by analyzing written laws from library materials or secondary data. The results of this research concluded that evidence in premeditated murder cases in statutory regulations is regulated explicitly in Article 184 of the Criminal Procedure Code, namely witness statements, expert statements, letters, instructions and statements from the defendant. Conformity of Decision No. 309/Pid.B/2023/PN.Jkt.Sel with statutory regulations is in accordance with the elements of the offense committed by the defendant as stated in Article 355 paragraph (2) of the Criminal Code, namely the element of whoever commits serious abuse, which is carried out with prior planning, and the act causes death. After the stabbing, the victim was rushed to hospital and based on evidence from Visum et Repertum No. HK.06.03/VIII.1/75/2023 victim Stefanus Benny Sugiharto was found to have open wounds on his head, back, chest and limbs due to sharp and blunt violence, followed by skull fractures and brain bleeding due to sharp violence which could cause death.

TINJAUAN YURIDIS TERHADAP PENANGANAN KECURANGAN DALAM PILKADA 2020 OLEH BAWASLU KABUPATEN NUNUKAN

Inah Anggraini — 2025-04-10

The implementation of the 2020 Regional Head Election (Pilkada) in Nunukan Regency presents its own challenges, especially related to the potential for fraud that can damage the integrity of the democratic process. This study aims to legally examine the forms of fraud that occurred and how the handling was carried out by the General Election Supervisory Body (Bawaslu) of Nunukan Regency based on the latest regulations. The method used is normative legal with a statutory and case approach, and is strengthened by empirical data through interviews and documentation. Based on the results of the study, Bawaslu has carried out its supervisory and violation handling functions in accordance with the provisions of Law Number 10 of 2016 and Bawaslu Regulation Number 9 of 2024 concerning amendments to Bawaslu Regulation Number 8 of 2020. The process of handling alleged fraud is carried out through the stages of receiving reports, initial studies, clarification, to providing recommendations for administrative sanctions or delegation to law enforcement through the Gakkumdu Center. The effectiveness of the implementation can be seen from the response to public reports and findings of violations, especially related to money politics and violations of health protocols. However, implementation in the field still faces various obstacles such as limited human resources, difficult geographical access in border areas, low legal literacy of voters, and less than optimal collaboration between election organizing institutions. This study concludes that although normatively Bawaslu has a strong legal basis, in practice it still needs to strengthen institutional capacity and increase community participation in order to create more effective and comprehensive election supervision, especially in areas with social and geographical complexity such as Nunukan Regency.

SANKSI DAN PERLINDUNGAN HUKUM TERHADAP ANAK YANG TERLIBAT TINDAK PIDANA TERORISME BERDASARKAN HUKUM PIDANA INDONESIA

Joko Setiawan — 2025-04-01

Anak terkait terorisme itu sebenarnya merupakan korban dari perekrutan karena mudah dicuci otaknya dan korban indoktrinasi konsep jihad yang kebablasan. Oleh karenanya sangatlah menarik dan penting untuk mengkaji lebih lanjut bagaimana pengaturan anak sebagai pelaku tindak pidana terorisme berdasarkan Hukum Pidana Indonesia? dan bagaimana perlindungan hukum terhadap anak sebagai pelaku tindak pidana terorisme berdasarkan Hukum Pidana Indonesia? Untuk menjawab permasalahan tersebut, digunakan metode penelitian hukum normatif, dengan pendekatan peraturan perundang-undangan dan konseptual serta menggunakan data sekunder yang diperoleh dari sumber bahan hukum primer, sekunder, dan tertier, serta menggunakan teknik analisis data kualitatif. Dari hasil penelitian didapat bahwa perlindungan Hukum terhadap anak yang terlibat dalam tindak pidana terorisme terdapat dalam Undang-Undang No 35 Tahun 2014 tentang Perlindungan Anak, Undang-Undang Nomor 5 Tahun 2018 tentang Pemberantasan Tindak Pidana Terorisme (UU PTPT) pasal 19 dan16A dan UU SPPA belum mengatur penanganan Anak terlibat dan terkait terorisme. Akan tetapi anak tetaplah anak yang harus dilindungi dan dipenuhi semua hak-haknya. Anak sebagai pelaku terorisme tidak bisa dianggap sebagai pelaku kejahatan, melainkan korban kejahatan, korban jaringan terorisme, korban doktrin, eksploitasi pemikiran, propaganda dari ajakan orang tua atau orang dewasa di sekitarnya sehingga harus dilindungi secara khusus. BNPT, Kementerian Sosial dan Kementerian Pemberdayaan Perempuan dan Perlindungan Anak (Kemen PPPA) membuat peraturan bersama tentang perlindungan hukum terhadap anak yang terlibat dalam tindak pidana terrorisme dalam melindungi anak korban jaringan terorisme secara lebih komprehensif.

PERTANGGUNGJAWABAN TINDAK PIDANA MEMBAWA SENJATA API TANPA IJIN DI WILAYAH HUKUM PENGADILAN NEGERI PONTIANAK (ANALISIS PUTUSAN PENGADILAN NEGERI PONTIANAK NOMOR: 379/PID.SUS/2023/PN.PTK)

Mirojul Umam Ma'arif — 2025-04-01

Every Indonesian citizen who wants to own a firearm must meet the requirements stipulated in Article 1 Paragraph (1) of Emergency Law Number 12 of 1951 concerning Firearms. This law is an amendment to Law of the Republic of Indonesia Number 8 of 1948. An example of a criminal act without the right to carry and control a firearm and its ammunition is in Decision Number 379/Pid.Sus/2023/PN.Ptk. The formulation of the problem raised is how to regulate the responsibility of perpetrators of criminal acts of carrying firearms without a permit based on Indonesian criminal law and How is the responsibility of perpetrators of criminal acts of carrying firearms without a permit in the jurisdiction of the Pontianak District Court? The purpose of this study is to find out and understand and examine the regulation of the responsibility of perpetrators of criminal acts of carrying firearms without a permit based on Indonesian criminal law. To find out and understand and examine the responsibility of perpetrators of criminal acts of carrying firearms without a permit in the jurisdiction of the Pontianak District Court. This type of research is normative legal research with a normative system regarding the principles, norms, rules of laws and regulations, agreements. This research approach uses the statute approach method, case approach and conceptual approach. In Decision Number 379/Pid.Sus/2023/PN.Ptk, the judge sentenced the defendant to 10 (ten) months in prison based on legal and non-legal considerations. Legal considerations include the prosecutor's indictment, criminal charges, evidence, elements of the article of the Emergency Law of the Republic of Indonesia Number 12 of 1951 concerning Firearms and Explosives, not Article 1 paragraph (1) of the same Law, even though the article actually regulates carrying firearms without a permit. In terms of non-legal considerations, it can be seen from the background of the perpetrator, the condition of the perpetrator, the religion of the perpetrator, and the attitude of the perpetrator when undergoing the examination process in court.

PERTANGGUNGJAWABAN PIDANA OKNUM LEMBAGA SWADAYA MASYARAKAT (LSM) SEBAGAI PELAKU TINDAK PIDANA PEMERASAN DALAM HUKUM PIDANA INDONESIA (ANALISIS PUTUSAN PENGADILAN NEGERI JAKARTA UTARA NOMOR 276/PID.B/2020/PN JKT.UTR)

Irsal — 2025-04-01

Nowadays, several non-governmental organizations or NGOs have deviated and are no longer guided by the rules as they should be. These NGOs carry out their goals and functions, a handful of NGOs carry out illegal services billing and extortion carried out in the area of the NGO itself. Therefore, it is very interesting and important to study further how the criminal act of extortion by non-governmental organizations (NGOs) is regulated in Indonesian criminal law? and What were the considerations of the Panel of Judges in the North Jakarta District Court Decision Number 276/Pid.B/2020/PN Jkt.Utr in convicting the Defendant of a Non-Governmental Organization (NGO) as the perpetrator of the crime of extortion. To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that the criminal act of extortion with violence is regulated in Article 368 of the old Criminal Code which is still in effect at this time and the new Criminal Code, namely Article 482 of Law 1/2023 which comes into effect from the date of promulgation, namely 2026. Analysis of Decision Number 276/Pid .B/2020/PN Jkt.Utr for the criminal act of extortion committed by a Non-Governmental Organization (NGO) against Slamet Riyanto, the defendant was sentenced to 6 (six) months in prison. The things that mitigate the defendant include that the defendant has never been punished, admits and regrets his actions.

PENERAPAN SISTEM PERADILAN TERHADAP ANAK PELAKU PENGULANGAN PIDANA KASUS PEMBUNUHAN BERENCANA MENURUT SISTEM PERADILAN PIDANA ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012

Maheswara Pamungkas Djati — 2025-04-01

This research aims to analyze how the juvenile justice system is applied to children involved in recidivist crimes, particularly in premeditated murder cases, with reference to the provisions of the Juvenile Justice System Act No. 11 of 2012. The research method used is a case study, focusing on Court Decision No. 3/Pid.Sus-Anak/2022/PN Buntok. Data was collected through the analysis of court decisions and interviews with legal practitioners and related parties. This study examines the application of the juvenile justice system in the context of premeditated murder cases involving repeat juvenile offenders and evaluates how well the law is implemented in judicial practice.The results indicate that the application of the juvenile justice system in recidivist cases, especially in premeditated murder, faces significant challenges in balancing the protection of the child's rights with societal justice. Law enforcement needs to be more sensitive to the rehabilitation needs of juveniles and prevention of recidivism through a more integrated approach and greater attention to the underlying factors driving the child's behavior.

URGENSI PENGELOLAAN RUANG UDARA DALAM MENJAMIN KEAMANAN NASIONAL DITINJAU DALAM PERSPEKTIF HUKUM

I Gede Putu Sugiartha — 2025-04-01

The state has full and exclusive sovereignty over its airspace. A sovereign state has the right to regulate flight routes and secure its airspace, considering the strategic nature of airspace for defense and security. Violations of Indonesian airspace by both civil and state aircraft often occur. The problem studied is how to regulate and enforce the law against violations of state sovereignty according to international law and Indonesian national law. The research method used is normative legal research with a statute approach, historical approach, conceptual approach, and comparative approach. The results of the study are presented in analytical descriptive form. The results of the study conclude that both international and national law are not firm in determining the parameters of the legal status of an aircraft, whether a state aircraft or a civil aircraft. This can cause serious problems related to the laws that should apply to the aircraft. Another important thing that needs attention is the absence of firm regulations regarding the vertical limits of airspace sovereignty. Conditions and problems in airspace require regulations regarding comprehensive integrated airspace management into an integrated effort in planning, utilizing, controlling, and supervising airspace as a single area with land and sea space and space within the earth. It is necessary to review the applicable laws and whether their implementation has been maximized and the violators have been given sanctions so that it does not happen again. Therefore, the author is very interested in discussing the urgency of airspace management in ensuring national security reviewed from a legal perspective so that violations do not occur again and strict sanctions are given so that they can be a deterrent effect for violators.

TINJAUAN YURIDIS TERHADAP ANAK DIBAWAH UMUR YANG MELAKUKAN PELANGGARAN LALU LINTAS HINGGA MENGAKIBATKAN KECELAKAAN SAMPAI MENIMBULKAN KORBAN JIWA DI LINGKUNGAN PATROLI JALAN RAYA (PJR) KORLANTAS POLRI

Lian Maulidiyono Dwiputra — 2025-04-01

In this research, one form of traffic violation is a minor who drives a motorized vehicle and does not have a driving license (SIM). This research examines a) what is the juridical review of minors who commit traffic violations that cause accidents and cause fatalities in the area of the National Police's traffic police highway patrol, b) what is the responsibility of minors who commit traffic violations that cause accidents and cause fatalities. The research method used in this research is through normative juridical research which is supported by interviewing sources and collecting data using library research. The conclusions of this research are: a) a judicial review of traffic accident cases involving minors. Minors are regulated by special laws, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This law regulates various legal aspects related to minors who commit criminal acts, including traffic accidents. b) a child who is still a minor can be held responsible for the actions he has committed, based on the provisions of the child's age, as regulated in the provisions of the juvenile justice system, which regulates the imposition of sanctions based on the provisions of the child's age, namely over 14 years of age, as there is a requirement to look at age in determining sanctions as regulated in Law No. 11 of 2012, in Article 69 paragraph (1).