Cassation Decision Research Articles

The Criminal Liability in the Context of Fertilizer Trade in Indonesia

Indonesia is an agricultural country and its agricultural sector which important in meeting food needs. On its journey, the agricultural sector in Indonesia is developing to improve the quality and production of food needs. Then, the fertilizer process has an important role in increasing the production of agricultural products, and the government needs to implement policies to subsidize the price of fertilizers for fertilizer distributors and arrange the regulations underlying the policy. If the fertilizer trade for fertilizer distributors is based on more than clear regulations, how can Indonesia's agricultural journey run. Thus, this study aims to attempt to describe the criminal liability of fertilizer trade based on court decisions at the first level up to the cassation level (namely, Decision Number. 137/pid.sus/2020/PN.Btg, Court of Appeal (Number. 487/Pid.Sus/2020/PT SMG and Cassation Decision Number. 78/Pid.Sus/2022). This study is normative research with a case approach, requiring secondary data in legal documents and references relevant to the subject matter. Data were collected by identification and inventory and then analyzed using the basic principles of criminal law. The novelty is fulfilling criminal liability is not enough regarding the psychological aspects (adult, healthy mind). However, it must also fulfill the normative measure of the act. The results showed that the defendant in the first instance and appellate level decisions were able to take liabilitybut was not sentenced because the element of the action in the prosecutor's charge, which stated "conducting trading business activities without having a license in the field of trade granted by the Ministry" was not fulfilled/proven, because the defendant had a trading business license (SIUP) issued by the Integrated Investment and Licensing Agency Number: 519/054/2014 dated June 04, 2014, under the name of the Agricultural Facilities and Organic Fertilizer Shop "Tani Jaya." The cassation verdict of the defendant can be held responsible and sentenced to punishment because measures from the psychological aspect are fulfilled. The measurements are from the normative aspect demanded by the public prosecutor, especially the elements that are also fulfilled. It can be consluded that based on the court's decision to measure the perpetrator's liability for a criminal offense, two measures must be met in imposing punishment.

Legal Protection for Employees of Land Deed Officials in Submitting Applications for Transfer of Rights (Case Study of Cassation Decision 175/K/PDT/2021)

Legal Protection for Employees of Land Deed Officials in Submitting Applications for Transfer of Rights (Case Study of Cassation Decision 175/K/PDT/2021)

Sprzeciw od decyzji kasatoryjnej – perspektywa konstytucyjna

The subject of the article is an analysis of the compatibility of the solutions adopted within the institution of opposition to a cassation decision with the Polish Constitution. As part of the introduction of the institution of objection to a cassation decision, the legislator provided for special solutions within the framework of administrative court proceedings aimed at speeding up the proceedings from the objection. However, the speed of the proceedings is not an absolute value and must not violate the right of the individual to a fair trial. Hence, the purpose of the study is to answer the question of whether the adopted solutions meet the constitutional standard, taking into account the interpretation of the legislation adopted in case law and doctrine. The subject of the study are, among other things, the following solutions: shortening the time limit for the issuance of a ruling by an administrative court, limited cognition of an administrative court, participation in judicial-administrative proceedings only of the authority and the objector, restriction of the possibility of taking part in the proceedings of social organizations, lack of the possibility of filing a cassation complaint against a ruling allowing an objection, linguistic analysis of the provisions in terms of meeting the standard arising from the principle of correct legislation. In addition, the authors make a de lege ferenda postulate not to stop at a mere critical assessment of the adopted legislative solutions.

Justice in the balance: The crucial role of disclosure in ensuring justice in Jordanian arbitration

AbstractAs an alternative to traditional court litigation, arbitration has gained prominence in Jordan's legal landscape for its distinct attributes like speediness, confidentiality, autonomy, and efficiency. Central to the sanctity of this mechanism is the arbitrator's duty of disclosure, ensuring that the arbitration process remains impartial, transparent, and devoid of any potential bias. This paper explores the profound significance of the duty of disclosure in Jordan by analyzing the latest Jordanian Court of Cassation Decision No. 1479 of 2023, where nondisclosure by the Arbitral Tribunal led to the annulment of the arbitral award. Through juxtaposing international arbitration norms and thoroughly examining Jordanian legislation, this study underscores the consequences of nondisclosure and the paramount importance of transparency in arbitration. The insights drawn from this case reaffirm that the foundation of arbitration's credibility and trustworthiness rests on the rigorous adherence of arbitrators to disclosure, ensuring that justice is not only served but is transparently perceived.

Legal Considerations Judex Factie Acquittal and Guilty Judgments by Judex Juris

The corruption case involving the former North Konawe regent, Aswad Sulaiman, was acquitted by the Kendari Corruption Court in 2017, according to decision Number 56/Pid.Sus-TPK/2016/PN.Kdi. While the Supreme Court Cassation decision number 1964 K/PID.SUS/2017 decided that Defendant Aswad Sulaiman was proven legally and convincingly guilty of committing a crime by jointly committing an ongoing criminal act of corruption, imposing a prison sentence of 6 years and an IDR 200 million fine. If not paid, it will be replaced with imprisonment for 6 months, punished for producing a compensation of IDR 3,310,639,545 (three billion three hundred ten million six hundred thirty-nine thousand five hundred and forty-five rupiah). This study focuses on the legal ratio of the panel of judges in imposing an acquittal in the corruption case Number 56/Pid.Sus-TPK/2016/PN.Kdi and decision number 1964 K/PID.SUS/2017. This study used normative legal research with a statutory approach and a case approach, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which was last amended by Law Number 20 of 2001. The results are that the recovery of state financial losses must be investigated as the starting point that the defendant has committed corruption by not releasing him from criminal responsibility but only as a basis for mitigating considerations for the defendant. The judges deciding this case have at least gone through 3 stages: constating, qualifying, and constituting.

Juridical Analysis of Rejection of Cancellation of the Deed of Sharing Collective Rights Based on Ruling Number:803K/AG/2017

The aim of this research is to analyze concept and regulation of sharing of joint rights in positive law and to analyze the judge's considerations in refusing to cancel the deed of sharing of joint rights based on Decision Number:803k/Aug/2017. This type of research is normative research. The problem is how the concept and regulation of the distribution of joint rights in positive law and how the judge considers the rejection of the cancellation of the deed of distribution of joint rights based on Decision Number:803k/Aug/2017. the results of this research are PemSharing of joint rights is a legal action carried out by holders of joint rights to land so that it becomes the right of each of the joint rights based on the Deed of Sharing of Joint Rights. Arrangements for the distribution of joint rights are contained in various regulations, namely Porder Government Regulation Number 24 of 1997 concerning Land Registration Article 31 paragraphs 4 and 5, and Article 51 paragraph 1, Regulation of the Minister of State for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for Implementing Government Regulation Number 24 of 1997 concerning Land Registration. Article 94 paragraph 2, article 95, article 96, article 105 article 111 paragraph 4, article 136 paragraphs 1 and 2, and Explanation PRegulation of the Government of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats and Land Registration in Article 67 paragraph 1. and dIt can be seen from the judge's various considerations that the reason for filing this cassation is actually the cancellation of the deed of sharing of joint rights made by the defendants legally in the PPAT and in accordance with existing provisions. The other reasons in this cassation cannot be justified because they are based on reality and no errors were found so they cannot be considered in this cassation decision in accordance with the provisions in Law Number 14 of 1985 concerning the Supreme Court Article 30.

Paradigma Konstruktivisme Dalam Penegakan Hukum Kasus Pembunuhan Berencana Oleh Ferdy Sambo

This research discusses the Supreme Court decision Number: 813 K/Pid/2023 regarding the criminal law enforcement of premeditated murder committed by Ferdy Sambo. This decision changed the sentence for convicts from the death penalty to life imprisonment. This penal reduction needs to be studied using a constructivist paradigm. The constructivist paradigm will examine the operation of law in society which is influenced by people's experiences, whether social, religious, cultural, including ideological. The Supreme Court's decision provides legal considerations regarding mitigating reasons for the convict. This is the difference with the decisions of the lower courts. From a constructivist perspective, this is not quite right. It is necessary to state the factors of community experience in making decisions for convicts. Moreover, there was a dissenting opinion by the judge in adjudicating the Supreme Court's cassation decision Number: 813 K/Pid/2023. The difference of opinion is based on legal considerations that the reason for self-defense is forced, the self-respect or honor of the convict does not need to be considered. Then there are allegations of immoral acts whose truth has not been clarified by the convict to the victim. The reality of the experience was not explored enough in the decision, both social factors and environmental factors of the convict.This research discusses the Supreme Court decision Number: 813 K/Pid/2023 regarding the criminal law enforcement of premeditated murder committed by Ferdy Sambo. This decision changed the sentence for convicts from the death penalty to life imprisonment. This penal reduction needs to be studied using a constructivist paradigm. The constructivist paradigm will examine the operation of law in society which is influenced by people's experiences, whether social, religious, cultural, including ideological. The Supreme Court's decision provides legal considerations regarding mitigating reasons for the convict. This is the difference with the decisions of the lower courts. From a constructivist perspective, this is not quite right. It is necessary to state the factors of community experience in making decisions for convicts. Moreover, there was a dissenting opinion by the judge in adjudicating the Supreme Court's cassation decision Number: 813 K/Pid/2023. The difference of opinion is based on legal considerations that the reason for self-defense is forced, the self-respect or honor of the convict does not need to be considered. Then there are allegations of immoral acts whose truth has not been clarified by the convict to the victim. The reality of the experience was not explored enough in the decision, both social factors and environmental factors of the convict.

The Review 0f Sharia Economic Law in Applying Prudential Banking Principles in Musyarakah Agreements : A Study of Supreme Court Cassation Decision Number 624 K/Ag/2017

The Review 0f Sharia Economic Law in Applying Prudential Banking Principles in Musyarakah Agreements : A Study of Supreme Court Cassation Decision Number 624 K/Ag/2017

Auction for the Execution of Dependent Rights Related to Customers in Default at Bri Kalianda (Case Study of Supreme Court Decision Cassation Number: 310/K/Pdt/2023)

The bank as a creditor cannot be harmed by bad credit. Efforts to avoid bad credit are carried out by taking anticipatory steps in the form of a guarantee mechanism for debt repayment. This mechanism is an anticipatory step in the event of bad credit by the debtor. The problem formulation in this research is (1) Does the auction execution have to meet the on-rechtmatige daad? (2) What are the legal consequences of the auction for the execution of mortgage rights in the Cassation Decision Number: 310/K/Pdt/2023? (3) What are the obstacles in carrying out the auction for the execution of mortgage rights? The method used in this research is descriptive normative, with data sources obtained from laws, books, journals, articles, etc. The results of this research are the conditions for an unlawful act, namely, firstly, there is an unlawful act, decision Number 310/K/Pdt/2023, the plaintiff is a bad credit debtor, which is an unlawful act. Since August 2018, the debtor has been in arrears in carrying out his obligations to make credit payments in installments, secondly there is an error, namely he has committed a default (default) on working capital credit, thirdly there is a loss, there is causality. The legal consequences of the Auction for the Execution of Mortgage Rights in the Cassation Decision Number: 310/K/Pdt/2023 do not conflict with applicable law, and have met standard requirements. The implementation of the auction in decision 310 K/Pdt/2023 has been carried out by KPKNL Bandar Lampung in accordance with the provisions of the regulation of the Minister of Finance of the Republic of Indonesia Number 27/PMK/06/2016/ Concerning instructions for implementing the auction and based on the auction minutes number 255/20/2020/ dated 16 April 2020 there was an auction winner, namely Ms Eva.S. Judex Facti/ Tanjong Karang District Court in this case does not conflict with the law and/or statute, so there are no obstacles in carrying out the auction, because the plaintiff has defaulted (breach of contract).

PERLINDUNGAN HUKUM BAGI PEMEGANG MEREK DAGANG TERDAFTAR DENGAN PENERAPAN PRINSIP FIRST TO FILE TERHADAP PIHAK LAIN (STUDI KASUS PUTUSAN MA NOMOR 161K/PDT.SUS-HKI/2023)

<p><em>This research aims to determine and analyze the form of legal protection for registered trademark holders based on the first-to-file principle against other parties who have bad intentions in the form of resembling the reputation of the registered trademark. The research uses a statutory approach and a case approach related to applying the first-to-file principle for registered brand owners toward parties passing off the registered mark. Like the case of the registered trademark MS Glow in the Supreme Court cassation decision Number: 161K/Pdt.Sus-HKI/2023). The qualitative analysis method is built based on data and substance originating or sourced from various literature, books, journals scientific works, laws, and regulations.</em></p><p><em>The result of this research is the legal protection for the registered trademark holder (MS Glow) to have the right to their trademark and the right to produce their cosmetic brand, and for other parties (PS Glow) to no longer use their brand because the principle of first to use and first to file exists in the owner of the MS Glow trademark. As a legal consequence of the Supreme Court's cassation decision, PS Glow must stop cosmetic products (PS Glow) and withdraw all PS Glow brand products from the cosmetics business. Considering that the result of this decision is a decision at the cassation level, the decision has permanent legal force.</em></p>

Hak Milik Di Atas Tanah Hak Ulayat Negeri Halong

This research discusses the Juridical Analysis of Property on Negen Halong Customary Land (Case Study of Supreme Court Cassation Decision Number 2879 K/Pdt/2019) which is the disputed land. This study aims to further discuss the juridical ownership rights over the customary land of Negen Halong. This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach. The results of the research show that the Supreme Court Judge’s Consideration in the Cassation Decision Number 2879 K/Pdt/2019) considers that against these reasons the Supreme Court is of the opinion that the reasons for cassation cannot be justified, due to legal consideration and the decision of the judex facti/Ambon High Court which annulled the decision of the Ambon District Court was correct and correct and not wrong in applying the law. Dictum of the Supreme Court Decision in Decision Number 2879 K/Pdt/2019 that after this final decision was notified to the applicant for cassation on 15 February 2019, then the petition for cassation was filed against him on 27 February 2019, as it turns out from the Deed of Request for cassation Number 6K/Pdt.G/2019/PN.Amb made by the Registrar of the Ambon District Court, the application was followed by a cassation memory containing the reasons received at the Registrar’s office of the District Court on March 6 2019.

Akibat Hukum Pembatalan Perkawinan Terhadap Status Anak Dikaitkan dengan Kedudukannya dalam Mewaris (Contoh Kasus Putusan Kasasi Nomor 450 K/Pdt/2022)

Marriages that have taken place and even one of the partners has passed away, in fact, can still be submitted for annulment of marriage from the family where this will affect the status of the child in occupying it as heir. This study aims to analyze the status of children due to the annulment of marriages based on Cassation Decision Number 450 K/Pdt/2022 and the inheritance rights of children which have an impact on the annulment of marriages based on the Civil Inheritance System in Indonesia. The problem studied is the status of children due to the cancellation of marriages based on Cassation Decision Number 450 K/Pdt/2022 and the inheritance rights of children which have the impact of canceling marriages based on the Civil Inheritance System in Indonesia. The research used is in the form of juridical-normative. In addition, this research is descriptive analytical. The type of data used is secondary data. The data collection tool used is document study with the technique used is qualitative. The results of this study indicate that the status of children who have been born from the (annulled) marriage, then as explained in the provisions of Article 28 paragraph (2) of the Marriage Law that the cancellation of marriage does not apply retroactively to children born from said marriage where the child is still considered as a legitimate child and the parents still have obligations to the child until the child can stand alone even though the marriage of the parents has been annulled. Furthermore, with regard to the inheritance rights of children affected by the cancellation of marriages, referring to Article 28 paragraph (2) of the Marriage Law, the child is still said to be a legitimate child so that he still has his position as an heir.Marriages that have taken place and even one of the partners has passed away, in fact, can still be submitted for annulment of marriage from the family where this will affect the status of the child in occupying it as heir. This study aims to analyze the status of children due to the annulment of marriages based on Cassation Decision Number 450 K/Pdt/2022 and the inheritance rights of children which have an impact on the annulment of marriages based on the Civil Inheritance System in Indonesia. The problem studied is the status of children due to the cancellation of marriages based on Cassation Decision Number 450 K/Pdt/2022 and the inheritance rights of children which have the impact of canceling marriages based on the Civil Inheritance System in Indonesia. The research used is in the form of juridical-normative. In addition, this research is descriptive analytical. The type of data used is secondary data. The data collection tool used is document study with the technique used is qualitative. The results of this study indicate that the status of children who have been born from the (annulled) marriage, then as explained in the provisions of Article 28 paragraph (2) of the Marriage Law that the cancellation of marriage does not apply retroactively to children born from said marriage where the child is still considered as a legitimate child and the parents still have obligations to the child until the child can stand alone even though the marriage of the parents has been annulled. Furthermore, with regard to the inheritance rights of children affected by the cancellation of marriages, referring to Article 28 paragraph (2) of the Marriage Law, the child is still said to be a legitimate child so that he still has his position as an heir.

Korupsi sebagai Kesalahan Administratif yang Menimbulkan Kerugian Keuangan Negara

This study aimed to analyze corruption as an administrative error that causes state losses. This analysis was another perspective that arises as a result of the Supreme Court's Cassation Decision regarding the BLBI fund corruption case. The type of research used in this study was normative legal research that focuses on doctrinal law, which examines and analyzes the provisions of the applicable laws and regulations relating to the issues being examined. The study results showed that if there was a loss to state finances due to an administrative error, the government official concerned was obliged to return the state financial loss no later than 10 days after it was decided and the results of supervision were issued. However, the return of state financial losses did not eliminate the punishment of criminals.

PEMBERIAN GANTI KERUGIAN PEMBANGUNAN JALAN TOL DI KABUPATEN OGAN ILIR

In order to implement the supply of fair and appropriate compensation during land acquisition for the public benefit, the implementation of compensation must be founded on land acquisition principles. The question being addressed is whether or not the compensation being granted for the construction of Phase I of the Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is appropriate or not in light of the principles of land acquisition, as well as whether the provisions of the cassation decision No. 701 K/Pdt/2021 regarding the compensation being granted are appropriate or not in light of those principles. Normative legal research is the research method used to address the issues in the study, and analytical descriptive, secondary data kinds are the research's nature and making judgments based on deductive reasoning. The study's findings demonstrate that the provision of compensation for the Phase I Simpang Indralaya-Muara Enim Toll Road in Ogan Ilir Regency is not in accordance with the principles of agreement and openness, and the contents of the appeal decision number 701 K/Pdt/2021 regarding the provision of compensation strengthen the decision of the Kayuagung district court number 39/Pdt.G/2020/PN Kag which is not in accordance with the principles of agreement on land acquisition.

Study of Living Hadith; the Phenomenon of Different Religious Inheritance through Wasiat Wajibah

The Compilation of Islamic Law specifies that wills are only required for adopted children and their adoptive parents. The parties involved may petition the courts, even though these regulations are less binding. This research uses the type of normative legal research because what is examined in this research is the norm contained in the hadith texts related to the inheritance law above. The case approach is used as an approach in research because the case of inheritance of different religions that are discussed in a separate case within the family sphere, where there is no legal argument or norm that can answer the case above, so the case approach. The research results show that in Article 209 of the Kompilasi Hukum Islam (KHI), describe the law of Wasiat Wajibah. It cannot, therefore, be regarded contrary to Islamic law. Because leaving a bequest to an adopted kid or adoptive parent does not conflict with the general requirements of the Qur'an and the Prophet's Sunnah. The Cassation Decision No. 368 K/Ag/1995, issued 16 July 1998, marked the beginning of the practice of non-Muslim heirs obtaining a portion of the inheritance from Muslim heirs via Wasiat Wajibahs, which created a body of law within the Religious Courts. Non-Muslims inherit the same proportion of their Muslim parents' required bequests as other Muslim heirs. This necessary will is intended to preserve the integrity of the family and accommodate the multicultural, multiethnic, and multireligious nature of Indonesian society. In addition, implementing a sense of fairness is an advantage of this decision. Giving wills to non-Muslim spouses, children, parents, and relatives has contributed to the revival of Islamic law in Indonesia, demonstrating a sense of social fairness.

Legal Review of the Cancellation of Peace (Homologation) of PKPU Savings and Loans Cooperatives and their Legal Consequences (Case Study of Supreme Court Decision Number: 874 K/ Pdt.Sus -Bankrupt/2022)

This article aims to find out the insolvency that occurred for the cancellation of the pkpu peace (homologation) in the Savings and Loans Cooperative and the legal consequences that occurred for the insolvency. This research uses normative or doctrinal legal research methods that are perspective or applied. This research uses primary and secondary sources of legal material. The analyst technique used is the syllogism method which uses a deductive thinking pattern. Based on the results of this study can be concluded. The analyst technique used is the syllogism method which uses a deductive thinking pattern. Based on the results of this study can be concluded. The cancellation of peace (Homologation) for the Cassation decision with Register Number: 874K/ Pdt.Sus -Bankruptcy/2022 resulted in the bankruptcy of the Intidana Savings and Loan Cooperative and had an impact on the dissolution of the Intidana Savings and Loans Cooperative. In this case, based on Articles 170, 171, 291 of Law No. 37 of 2004 concerning Insolvency and PKPU as well as Articles 46 and 47 of Law No. 25 of 1992 concerning Cooperatives. In addition, the legal facts state that the Intidana Savings and Loan Cooperative (defendant) has neglected its agreement on the peace agreement (homologation) causing the losses suffered by the plaintiffs. Meanwhile, the legal consequences of Decision No. 874K / Pdt.Sus -Bankrupt / 2022, namely the Intidana Savings and Loans Cooperative cannot manage, control the cooperative's property and lose the ability to carry out legal actions that provide losses to bankruptcy assets. In addition, another impact was the dissolution of the legal entity of the Intidana Savings and Loans Cooperative which resulted in the Cooperative being unable to operate and resume its business.

Payment of the Advance on Costs, Procedural Loyalty and Access to Justice. Note on French Cour de Cassation Decision of 9 February 2022

Access to arbitral justice can be obstructed by the refusal of the respondent to pay its share of the advance on costs. Such default can be the result of dilatory tactics or of the respondent’s impecuniosity. Likewise, a claimant that has consented to arbitration may later be unable to resort to arbitration for lack of financial means. In these circumstances, how can the arbitration agreement be enforced? French courts have long attempted to guarantee effective access to justice (whether arbitral or court justice) in the presence of an arbitration agreement and to balance the need to enforce the arbitration agreement with the parties’ right to have their day in court. The decision rendered by the French Cour de Cassation on 9 February 2022 relied on “the principle of procedural loyalty governing parties to an arbitration agreement” to hold that a party that had caused the withdrawal of the arbitration proceedings by failing to pay its share of the advance on costs, was not entitled to rely on the arbitration agreement to object to the jurisdiction of the French courts. Although this solution is not new, it has divided the doctrine in France.

Violation of the Right to A Fair Trial in Arbitration: Analysing the Turkish Court of Cassation’s Decision of 10 February 2021

Based on a recent Turkish Court of Cassation decision, this article puts forward that the right to a fair trial, embodied nearly in all legal systems and fundamental international regulations such as ECHR, must be respected in arbitration proceedings as well. Since member states indirectly exercise control over arbitration proceedings during the annulment or enforcement phase, member states’ courts ensure that arbitrators comply with the principles of ECHR, specifically with the right to a fair trial. Additionally, most national laws impose a duty on arbitrators to observe the equality of the parties, which in turn serves to the application of fair trial principles. The right to a fair trial is also an essential part of public order, a violation of which shall lead to the annulment of arbitral awards or dismissal of the recognition and enforcement thereof. As a basic element of the right to a fair trial, the right to be heard encompasses the right to be informed about the allegations, defenses, and evidence that occupy the foreground of this article. This article first reviews the decision of the court of first instance, followed by the Court of Cassation decisions rendered upon the request for appeal and later, request for revision.

Violation of the Right to A Fair Trial in Arbitration: Analysing the Turkish Court of Cassation’s Decision of 10 February 2021

Based on a recent Turkish Court of Cassation decision, this article puts forward that the right to a fair trial, embodied nearly in all legal systems and fundamental international regulations such as ECHR, must be respected in arbitration proceedings as well. Since member states indirectly exercise control over arbitration proceedings during the annulment or enforcement phase, member states’ courts ensure that arbitrators comply with the principles of ECHR, specifically with the right to a fair trial. Additionally, most national laws impose a duty on arbitrators to observe the equality of the parties, which in turn serves to the application of fair trial principles. The right to a fair trial is also an essential part of public order, a violation of which shall lead to the annulment of arbitral awards or dismissal of the recognition and enforcement thereof. As a basic element of the right to a fair trial, the right to be heard encompasses the right to be informed about the allegations, defenses, and evidence that occupy the foreground of this article. This article first reviews the decision of the court of first instance, followed by the Court of Cassation decisions rendered upon the request for appeal and later, request for revision.

Pertimbangan Hakim dalam Penjatuhan Uqubat Jarimah Pelecehan Seksual terhadap Anak di Aceh (Analisis Putusan No 8/Jn/2020/MS.Ttn)

Aceh is one of the provinces that has a high number of cases of sexual violence against women and children. The Syar'iyah Court is a court within the Religious Courts which hears cases related to sexual crimes including sexual harassment, adultery, and rape as regulated in Qanun number 6 of 2014 concerning Jinayat Law. Ideally, the punishment or 'uqubat for child sexual abuse in the jinayat law is at least the same as the child protection law or heavier with the increasing number of cases of sexual abuse of both women and children. This paper was written to find out what things are considered by the Panel of Judges of the Syar'iyah Court on cases of sexual violence against children in Aceh by analyzing decision number 8/JN/2020/MS.Ttn so that it can provide an ideal picture. Jinayat law enforcement image. especially in cases of child sexual abuse. This research is a type of normative research using a case approach, carried out using case studies related to the issues at hand which have become court decisions with permanent legal force, related to the themes discussed which were obtained from primary materials in the form of decisions at the level of The first was tried by the Panel of Judges of the Tapaktuan Syar'iyah Court number 8/JN/2020/MS.Ttn, then the appeal decision of the Aceh Syar'iyah Court Judges number 17/JN/2020/MS.Aceh and the last was the Supreme Court's cassation decision number 11 K/AG/JN/2020. The results of this study need a minimum penalty for sexual abuse against children due to its special handling and has become a serious problem in Indonesia, so that there is no uqubat disparity imposed between the Syar'iyah Courts in Aceh.