Immaterial Losses Research Articles

Kajian Yuridis terhadap Kerugian yang ditimbulkan Akibat Kecelakaan Perkeretaapian Berbasis Nilai Keadilan

Railway transportation is one of the mass transportation modes widely used by the Indonesian people. However, train accidents often occur and cause losses to the victims. Therefore, the value of justice becomes very important as a basis for examining the issue of losses due to train accidents. This research aims to analyze the regulation of liability and compensation related to railway accidents in Indonesian law and evaluate whether these regulations are based on the value of justice. This research is a normative legal research that analyzes the relevant laws and regulations using a statutory and conceptual approach. The type of data used is secondary data in the form of primary legal materials such as laws and government regulations, as well as secondary legal materials such as books and journals, using analytical-prescriptive descriptive qualitative analysis methods. The research results explain that the regulation of liability and compensation related to railway accidents in Indonesia is regulated in several laws and regulations such as the Railway Law, Government Regulations, and related ministerial regulations. In general, these regulations require railway facility operators to provide compensation to service users who suffer material and immaterial losses due to accidents caused by the operator's fault. The amount of compensation is determined based on the calculation of losses suffered by the victim, considering factors such as medical expenses, loss of property, and physical or psychological suffering. Although it attempts to accommodate the values of justice, there are still shortcomings in terms of unclear criteria, types, and amounts of compensation that must be given, as well as the potential for differing interpretations or inconsistent implementation, which could lead to injustice for accident victims.

The Termination Access of Unregistered Private Scope Electronic System Operators in Human Rights Perspective

The policy of terminating access to Private Scope Electronic System Operators, to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, which occurred on July 30, 2022. The government's policy in terminating access to unregistered private scope electronic system operators has resulted in material and immaterial losses to citizens who use the platform of unregistered private scope electronic system operators. This research uses normative legal research method, that using a statutory, conceptual, and cases approach to analyze issues related to the termination of access to unregistered Private Scope PSEs. This research concludes that the government's policy of terminating access to unregistered private electronic system operators is contrary to human rights regulation. These rights include the right to access, communicate and obtain information and the right to an economy for citizens who are harmed by the termination of access to unregistered private scope electronic system operators.

Right to Sue (Citizen Law Suit) Air Pollution as an Alternative Dispute Settlement

A good and healthy environment is a human right of every Indonesian citizen. The mandate of the 1945 Constitution is not obtained by citizens as they should. The proof is that high air pollution, such as air quality in some areas, causes environmental damage. As for the negative impact of air pollution, in addition to material losses, it also causes immaterial losses in poor air quality. Facing the occurrence of environmental damage due to air pollution in the city of Jakarta, citizens have the right to sue the government as state administrators who have neglected to protect the rights of their citizens, as regulated in Article 91 paragraph (1) and (2) of Law no. 32 of 2009. The results of this study are that the Citizen Lawsuit lawsuit becomes a forum for the community if they experience losses due to pollution and environmental damage. This Citizen Lawsuit lawsuit only asks for accountability for Government policies that result in losses for citizens, such as the lawsuit filed by the Optimistic Capital Coalition on Number 374/Pdt.G/2019/Pn.Jkt.Pst which was received by the Panel of Judges in 2021.

Design of smoke detection system using deep learning and sensor fusion with recursive feature elimination cross-validation

The fire safety system is an important component that controls material and immaterial losses. Fire disasters are generally indicated by the appearance of excess smoke and changes in temperature, pressure, and changes in other parameters in the environment. Conventional smoke sensors are limited in reading parameter changes around their environment, making them less effective in early fire detection. This study aims to design a smoke detection system as an early fire detection system, using sensor fusion based on deep learning using the recursive feature elimination method with cross-validation (RFECV) using a random forest classifier used to select optimal parameters from public datasets as the basis for determining the sensor to be used. Based on the RFECV optimal feature, a deep learning algorithm was performed and obtained an accuracy of 0.99, a precision of 0.99, a recall of 1.00, and an F1 score of 0.99, with a latency time of 34.02 μs, which is 71.76% times faster than the original model.

Ganti Rugi Terhadap Masyarakat Atas Kebakaran yang Disebabkan oleh Pencurian Energi Listrik Persfektif Wahbah Al-Zuhaili: Studi Kasus Desa Blangkejeren, Kecamatan Blangkejeren, Kabupaten Gayo Lues

It cannot be denied that electricity has become a necessity in people's lives, almost all of people's daily life activities are inseparable from the use of electricity. The existence of these electricity facilities is often not balanced with the development of the community's economic capacity. As a result, people often have difficulty meeting their daily needs with various supporting facilities that require electrical energy sources. This is one of the reasons why people try to obtain electrical energy supplies illegally, namely by stealing electrical energy. Of course, this is not only detrimental to PT. PLN is the electricity supplier, but it also has a detrimental impact on society. Because the theft of electrical energy is carried out with minimal understanding and equipment, of course it does not meet the standards of the General Electrical Installation Regulations (PUIL) that apply in our country, so this has a low level of security and can cause various consequences, including causing the voltage to fluctuate resulting in damage to the equipment. -household electronic equipment, and can even cause fires which cause harm to many parties, both material and immaterial losses, as experienced by the people of Blangkejeren Village. The aim of this research is to find out how fire incidents caused losses due to theft of electrical energy in Bangkejeren Village, and to find out how compensation for fires caused by theft of electrical energy in Blangkejeren Village was resolved, as well as how to resolve compensation for fires caused by Electrical energy theft in Blangkejeren Village seen from Wahabah al-Zuhaili's opinion. This research uses field research. This research is descriptive qualitative in nature. Data collection was carried out by means of interviews, observations and existing literature. The results of the research found that the Blangkejeren community prioritizes the elements of deliberation and peace through customary justice in resolving the issue of compensation for fire incidents resulting from the theft of electrical energy. In accordance with the results of the research above, it can be concluded that the Blangkejeren gampong customary court is correct in upholding the values ​​of Islamic law and traditional values ​​and is in line with the opinion of Wahbah al-Zuhaili and in accordance with the peace concepts that have been put forward by Wahbah al-Zuhaili.

Legal Protection for Citizens Affected by The Termination of Access Policy of Unregistered Private Scope Electronic System Operators

Legal Protection for Citizens Affected by The Termination of Access Policy of Unregistered Private Scope Electronic System Operators

Premature Lawsuit in Capital Market Dispute against Losses in Shares of The Sejahtera Bersama Savings and Loans Cooperative (Study Decision No. 160/PDT/2021/PT DKI)

The capital market is a gathering place for companies and investors to carry out securities transactions such as shares, bonds and other securities. The capital market sector is very important for a country because it is the driver of a country's economy. Indonesia has a capital market sector which is regulated in Law Number 8 of 1995 concerning Capital Markets, this law explains the capital market regulations that must be obeyed by capital market players, namely investors and companies. The Indonesian government is aware of the potential for fraud, which is defined as violations or unlawful acts that are detrimental to the state and society. Regulations regarding capital markets seek to provide legal clarity and law enforcement in the capital markets sector, so that they remain important components for the development of the capital markets industry. Violations that occur in the capital market are often caused by an act carried out by an individual, in a group, directly, or by orders or influence from another party which causes losses to certain parties. These losses can be in the form of material losses and immaterial losses. As is the case with the capital market dispute in Decision no. 160/PDT/2021/PT DKI which strengthens Decision no. 745/Pdt.G/2019/PN JKT SEL. In Decision No.745/Pdt.G/2019/PN JKT SEL, the Panel of Judges stated that the lawsuit submitted by the Plaintiff could not be accepted based on several Judges' considerations, including because there was a premature lawsuit, namely a capital market dispute without first going through an examination by the Financial Services Authority. The plaintiff resubmitted the capital market dispute lawsuit by filing an appeal against Decision No. 160/PDT/2021/PT DKI and the Panel of Judges stated that they accepted the appeal by affirming the previous decision.

TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH SEMENTARA (PPATS) AKIBAT KELALAIAN DALAM PEMBUATAN AKTA JUAL BELI TANAH ATAS PERALIHAN HAK ATAS TANAH.


 
 
 
 Negligence in making a sale and purchase deed carried out by the sub-district head as a temporary PPAT will give rise to legal consequences. Thesis research aims to analyze the legal consequences of the Land Sale and Purchase Deed due to the negligence of the Temporary Land Deed Official (PPATS) regarding the transfer of land rights. As well as the responsibility of the Temporary Land Deed Making Officer (PPATS) for negligence in making a land sale and purchase deed for the transfer of land rights. The theory used in this writing uses the theory of legal consequences and the theory of responsibility. The method used is a normative juridical research method by examining library materials or secondary data. How to approach legislation (Statute Approach), Case Approach (Case Approach), and Analytical Approach (Analytical Approach). Sources of legal materials consist of primary, secondary and tertiary legal materials. As well as legal interpretation techniques known in legal science, including Grammatical Interpretation, interpretation based on grammar or linguistics (de gramatikale of taalkundige interpretatie) and Systematic Interpretation, namely research on legal systematics that can be carried out in legislation. From the research results, it was concluded that the legal consequences of the Land Sale and Purchase Deed due to the negligence of the Temporary Land Deed Official (PPATS) regarding the transfer of land rights resulted in the deed being null and void. Such cancellation may cause material and/or immaterial losses to the parties concerned. The responsibility of the Official Making the Temporary Land Deed (PPATS) for negligence in making the Land Sale and Purchase Deed for the transfer of land rights requires individual responsibility and legal responsibility. Legal responsibility takes the form of civil and administrative responsibility. The suggestions from this thesis are that it is hoped that the National Land Agency should further improve its formal and informal guidance to Temporary PPATs. It is best for the Land Deed Making Officer or Temporary Land Deed Making Official to make a land sale and purchase deed to be thorough, careful and careful.
 
 
 

Lesson Learned from Mass Antibody Rapid Diagnostic Used in the Early COVID-19 Pandemic in Indonesia Contributors.

Laboratory examination is extremely important in handling the COVID-19 pandemic. In the first era of the pandemic, the molecular and antigen tests were limited. Hence, at that time, it was necessary to carry out antibody Rapid Diagnostic Tests (RDT). However, many antibody RDTs were yet to obtain Food and Drug Authorization (FDA)'s approval. Therefore, The Indonesian Association of Clinical Pathology and Medical Laboratory (PDS PatKLIn) decided to conduct a validity test of RDT antibodies to find out the quality of SARS-CoV-2 diagnosis performance based on these RDTs used. This is a descriptive observational design with diagnostic analysis. The retrospective secondary data were collected from 34 provinces in Indonesia from May to June 2020. Data analysis was carried out on the sensitivity and specificity values of each antibody RDT brand to the RT-PCR result and analyzed descriptive data. The amount of secondary data of antibody RDT and RT-PCR results collected was 139,908, consisting of 59 RDT brands of which 44% were authorized by The Indonesian COVID-19 Response Acceleration Task Force (Gugus Tugas Percepatan Penanganan COVID-19 Indonesia). There were huge variations of SARS-CoV-2 antibody RDT performance between total antibody types (sensitivity 59.18%, specificity 62%), IgM RDT (sensitivity 16-100%, specificity 7-97%), and RDT IgG (sensitivity 33-96%, specificity 19-100%). The variations in the RDT antibodies'performance can cause errors in diagnosis leading to significant material and immaterial losses. Therefore, cooperation from various parties is needed for the pre- and post-marketing surveillance process to assess the performance and the characteristics of each RDT kit and other diagnostic methods to assist the rapid pandemic response process.

Rights of Restitution to Child Victims Under Law No. 35 of 2014 Concerning Child Protection

Restitution is the compensation paid by a perpetrator, as determined by a court with a final legal decision, to cover the material and/or immaterial losses suffered by the victim or their heirs. In cases involving child victims, restitution becomes obligatory for the perpetrator to compensate the victim for their losses. This demonstrates the perpetrator's responsibility for actions that have harmed the victim, their family, or heirs, in accordance with Article 71 D Paragraph (2) of Law Number 35 of 2014, which amends Law number 23 of 2002 concerning Child Protection. Restitution, as a form of compensation for victims of crimes, aligns with the Principle of Restoration to its Original Condition (restitutio in integrum), aiming to restore victims to their state before the crime, although complete restoration may not be possible. It emphasizes a holistic recovery approach, addressing various aspects resulting from the crime's consequences. Through restitution, victims can recover their freedom, legal rights, social status, family life, citizenship, residence, employment, and assets. The research will be conducted at the Belawan Police, Medan LPSK, and Bagan Deli Belawan Village.

Pelaksanaan Kewenangan Pemerintah Daerah Dalam Upaya Rehabilitasi Pasca Bencana Gempa Bumi Di Nagari Kajai Pasaman Barat

Natural disasters seem to be daily events and news in Indonesia, and even the world. Various forms of disasters have caused enormous losses, both moral and material losses. The earthquake that occurred on February 25 2022, centered in Talamau District, West Pasaman Regency, was a major disaster. As the epicenter of the earthquake, Talamau District was the worst affected area. It was recorded that 25 people were killed and 465 people were injured, 14 of whom were residents of East Pasaman. Apart from immaterial losses, the earthquake that occurred in West Pasaman Regency also resulted in material losses such as heavily damaged public facilities, schools and houses of worship (mosques). Due to this disaster, thousands of West Pasaman residents are waiting for development assistance from the government, however the expected assistance is still being delayed before it can be realized immediately by the Regional Government. This problem needs to be formulated into two problem statements. First, how is the implementation of regional government authority in post-earthquake rehabilitation efforts in Nagari Kajai, West Pasaman Regency? Second, what are the obstacles to implementing Regional Government Authority in post-earthquake rehabilitation efforts in Nagari Kajai, West Pasaman Regency? This research is a type of normative legal research or doctrinal legal research. The results of this research show that as a form of disaster management, the West Pasaman Regional Government carries out rehabilitation activities, one of these activities is providing assistance to repair houses for people affected by the disaster. This development is carried out through three systems, namely: independent reinbuce, facilitator reinbuce, and self-sufficiency. In an effort to exercise its authority to carry out post-disaster rehabilitation, the Regional Government encountered obstacles, including APIP's finding that there was an error in collecting data on houses of disaster victims which required data collection again, which took quite a long time and the regional financial capacity was inadequate.

Breaking The Promise to Marry Unlawful Acts or Default

This study aims to find civil law arrangements regarding the juridical analysis of breaking a promise to marry or what is commonly referred to as Broken Marriage Promises as an unlawful act. What are the legal consequences of breaking a marriage promise as unlawful? This study uses a normative legal research type with a statutory approach. The types and sources of legal materials use primary, secondary, and tertiary legal materials. Analysis of legal materials uses deductive logical reasoning, which is studied from a qualitative perspective. The results of the study show that breaking a promise to marry or commonly called promises of marriage as an unlawful act, is regulated in Article 58 of the Civil Code and several judges' decisions such as Supreme Court Decision Number 3191 K/Pdt/1984, Supreme Court Decision Number 3277 K/Pdt/2000, Decision of the Supreme Court Number 1644 K/Pdt/2020. The legal consequences of breaking a marriage promise as an unlawful act, namely if a person suffers a loss due to breaking of the marriage promise, both material and immaterial losses, then he can be sued for compensation following the loss suffered if the element of the unlawful act is fulfilled according to Article 1365 of the Civil Code. Keywords: Marriage promise; Unlawful act; Default.

Legal Protection for Consumers in E-commerce Expeditions

This study investigates the legal protection afforded to consumers in the context of e-commerce, focusing on the liabilities of expedition services in cases of delayed or damaged goods. The primary objective is to explore the forms of legal protection provided to consumers for losses due to delays or damages in goods transported by expedition services, and to understand the legal responsibilities of these services in such scenarios. Utilizing a normative research method, the study examines relevant consumer protection laws and regulations governing shipment agreements. The findings reveal that consumers are entitled to various forms of legal protection, including the right to compensation in the form of refunds, replacement of goods, or payments based on the value of loss; entitlement to indemnities for healthcare costs or beneficiary allowances in cases of life-threatening harm; and the right to compensation from expedition services for material and immaterial losses beyond mere refunds. Additionally, the study underscores the government and consumer protection agencies' duty to educate and guide businesses, including expedition services. The legal responsibility of expedition services extends to compensating consumers for delayed shipments or lost goods, through either refunds or replacements. Moreover, the services are obligated to provide compensation or replacements for undelivered or damaged goods. Consumer claims for compensation can be resolved through direct negotiation with the expedition service, legal action, or alternative dispute resolution mechanisms like BPSK. The study concludes that while consumers are legally protected to obtain compensation from expedition services, the enforcement of these services' responsibilities needs to be strengthened for more optimal fulfillment of consumer rights.Highlights:
 
 Legal Protections: Consumers have the right to compensation, including refunds, replacements, or payment for losses, and indemnities for life-threatening damages.
 Expedition Services' Obligations: These services must compensate for delays, lost, or damaged goods, with options for direct negotiation, legal action, or alternative dispute resolution.
 Enforcement Needs: Despite existing protections, there is a necessity to strengthen the enforcement of expedition services' responsibilities to better fulfill consumer rights.
 
 Keywords: Consumer Protection, E-commerce, Legal Responsibilities, Expedition Services, Compensation Claims

Analisis Yuridis Putusan Hakim Terhadap Tindak Pidana Pencurian Dengan Pemberatan Yang Dilakukan Oleh Anak (Studi Kasus Putusan Nomor : 2/Pid.Sus-Anak/2022/PN.Brb)

Various criminal acts that occur in people's lives, one of which is the crime of theft which has recently been widespread and has increased in the mass media reports and electronic media. The crime of theft is really very disturbing security, order, welfare and greatly causes material and immaterial losses to the community. Therefore, it is necessary to immediately anticipate and deal with it by responding quickly and appropriately to its resolution through the applicable legal mechanism, by punishing the perpetrator/suspect with a sufficiently aggravated criminal threat, so that the crime of theft in question can be suppressed and minimized. In the court examination process in the application of criminal sanctions against the crime of theft in a burdensome situation by a child based on case Number 2/Pid.Sus-Anak/2022/PN. Brb, the problems were; a. What is the basis for the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child and b. How is the content/order of the judge's decision against the crime of theft in a burdensome situation by a child. To answer the problem formulation listed above, the theory of sentencing, the theory of judges' legal considerations and the theory of law enforcement are used. This research is normative juridical and empirical juridical research. The type of data included primary and secondary law materials. Technique of collecting legal sources used was library study/document study on literature, legislation, and document, and also interview. From the results of the study, reflected in the basis of the judge's legal considerations in passing a criminal decision against the crime of theft in a burdensome situation by a child firearms against the defendant, with the decision to sentence the defendant to 4 (four) months, based on the decision of the case Number 2/Pid.Sus-Anak/2022/ PN.Brb. Whereas in Article 363 paragraph (2) of the Criminal Code which is violated the maximum penalty is 9 (nine) years. So it is felt that the application of the criminal decision is still very light and not optimal. The suggestion put forward is that the maximum sanctions should be given specifically to children who have repeatedly committed similar crimes as long as they are in accordance with the applicable legal provisions.

Increased Public Legal Awareness of the Primary Rights of Road Users That Need to be Prioritized

The rampant violations of the main rights of road users that need to be prioritized can cause material and immaterial losses for those who get the main priority for road use. These violations can occur while driving or when utilizing road functions, due to intent, negligence, or ignorance. As a result of a lack of legal understanding and awareness, there is still a tendency to use and use roads not according to their designation, such as disruption of traffic order, delays for users of priority rights to obtain road access, and the potential for legal problems. The priority rights of road users that must be preceded are not fully understood by the community, especially regarding actions, criminal sanctions, and the importance of community participation. With this activity, people can add insight and knowledge to prevent and anticipate violations of the main rights of road users that need to be prioritized. The community is moved to orderly traffic to create conditions of obeying and obeying the law. As well as being able to provide awareness and increase legal awareness to prevent traffic violations in the future.

Design and implementation of an IoT-based Automatic Water Level Recorder (AWLR) as a tool to mitigate the risk of tidal flood disasters in the coastal area of Jakarta

Jakarta’s land continues to sink, and rising sea levels pose a high risk of tidal flooding in Jakarta Bay. From 2022 until May 2023, three tidal floods in Jakarta have been recorded due to high-intensity rainfall, causing the sea level to rise above normal. This threat is of public concern due to its material and immaterial losses. To address this issue, a real-time monitoring system that can provide accurate information on sea level heights on the coast of Jakarta needs to be developed. The research aims to develop a web-based Automatic Water Level Recorder (AWLR) system tool to support flood disaster mitigation in Jakarta’s coastal areas. This system integrates several sensors to measure sea level heights, temperature, humidity, and data transmission through a telemetry system. Based on running tests conducted from December 2022 to February 2023, the AWLR recording had been validated with BMKG’s Tide Gauge data installed in the same waters. The results show the data recording performance with high accuracy (98%). The successful performance of the sensors in this device is supported by monitoring devices involving temperature and humidity sensors. The initial calibration stage also shows significant accuracy test results with an error range of 2 -5%. The measurement accuracy of the pressure, temperature, and humidity sensors are 98%, 97%, and 95%, respectively, so the data obtained is reliable. This IoT-based AWLR data recording can be an input for coastal management decision-making, especially for monitoring coastal disasters.

JURIDICAL REVIEW RETURN OF PERSONAL PROPERTY PROPERTY AGAINST CONVICTED CRIMINAL ACTS OF CORRUPTION

The purpose of this study is to find out what assets can be confiscated in criminal acts of corruption and to find out whether the confiscation of assets carried out by investigators against criminal acts of corruption is in accordance with the rule of law and what legal remedies can be taken to return these assets. In this study, the author uses a normative legal research method using a statutory approach, a case approach, and a conceptual approach. Based on the results of the study, it shows that property that is not the result or instrument of a criminal act of corruption cannot be confiscated unless the convict does not pay replacement money within 1 (one) month after the court decision that has obtained permanent legal force is read, the assets can be confiscated by the prosecutor. and auctioned to cover the replacement money and the confiscation should not be the property that is used as the defendant's livelihood. Legal remedies that can be taken for the convict if the investigator exceeds his authority in carrying out confiscation actions, pretrial legal remedies can be carried out at the investigation stage. Legal remedies for appeal, cassation and review can be carried out if the panel of judges has rendered a decision. A civil lawsuit can be filed if during the confiscation process it is known that assets that are not instruments or proceeds of a criminal act of corruption are also confiscated, causing material and immaterial losses to the plaintiff .

Legal Aspect of a Will Made Before a Notary by Divorced Parents

This study aims to determine the legal aspects of a will made before a notary by divorced parents, with the formulation of the problem: What are the legal aspects of a will whose object is joint property made after the parent’s divorce?; What is the legal protection for beneficiaries of wills made by divorced parents? This study uses a normative legal research method, using a literature study approach, also equipped with an analysis of laws and regulations related to bequests of joint property objects, as well as reviewing some of the literature, research results related to the topic of writing, opinions of competent experts and several scientific journals. Furthermore, the collected data was processed and analyzed qualitatively and then described descriptively. As for the research hypothesis, everyone who is going to make a will must first know and study the limits of his assets that he can bequeath to other people and must first issue the rights of heirs before bequeathing his inheritance to other parties. Regulations regarding the rights of the longest living partner have been explicitly and in detail contained in the BW, such as regarding Legitime Portie rights. Legal protection for the recipient of the will, when examined from article 1365 BW, the recipient of the will actually can experience material and immaterial losses. Material losses can be in the form of a joint price because the Notary is without the knowledge of the Treasure Hall and the reading and submission to the wrong party.

Evaluation of Time, Cost, and Factors Causing Delay of Grounding and Lightning Protection Installation Project

The problem faced by one of the private construction companies in Jakarta, Indonesia is the delay in completing the grounding and lightning protection installation project. This delay resulted in both material and immaterial losses for the company. Factors that are thought to cause delays in this grounding and lightning protection installation project include man, machine, material, and environment factors. The method used in this research is the Critical Path Method (CPM) and Crashing method to accelerate the project duration and determine the effective time and cost that can be used to complete the grounding and lightning protection installation project and the root cause analysis method with fishbone diagrams and 5 why analysis as tools to find out the root causes of problems and formulate corrective actions that may be taken by the company. The most effective and efficient acceleration alternative in terms of time and cost that can be applied by the company is the alternative of additional labour. The additional labour alternative is able to reduce the duration of work with the smallest additional cost compared to other alternatives. Meanwhile, the factors that cause delays in project work can be seen from the root causes of each factor. The root cause of each factor is then used as the basis for formulating corrective actions that can be taken by the company.

Tinjauan Yuridis Terhadap Visum Et Repertum Dalam Pembuktian Tindak Pidana Penganiayaan

This research was carried out with the aim of knowing and analyzing the legal force of Visum et Repertum and analyzing how the basic considerations of judges in deciding criminal cases of persecution in decision number: 221/Pid.B/2022/PN.Mtr. This is because in this decision the defendant was sentenced to imprisonment for 7 (seven) months reduced while the defendant was in detention to 5 (five) months and 10 (ten) days. According to the authors, the sentence was light enough considering that the victim did not only suffer immaterial losses in the form of pain due to the abuse but also suffered material losses which caused the victim to be unable to move for 1 (one) month and unable to carry out her job as a go-kart driver. The method used is a normative research method with legal material collection techniques through literature studies and documentation studies. Furthermore, using descriptive analysis by describing, analyzing, concluding and reporting the research results obtained. The theory used is the theory of evidence and relative theory. The results of the study show that Visum et Repertum has the same legal force as other evidence, but in making a decision the element of the Judge's belief is the most decisive thing about the guilt or innocence of the defendant with at least 2 (two) pieces of evidence as the basis for the Judge's consideration. Judge's consideration in decision Number: 221/Pid.B/2022/PN.Mtr. based on witness testimony, expert testimony, and documentary evidence in the form of the results of the Visum et Repertum examination stating that the victim was truly injured. The basis for the Visum et Repertum is Visum et Repertum Number: VER: Sket/Ver/324/XII/2021/Rumkit signed by the examining doctor, dr. Dyah Mayang Ramadhani.