Juridical Considerations Research Articles

Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika

Abstract One of the goals of criminal law is as a social institution that includes several things, namely as part of a social reaction when there is a violation of applicable norms. When the judge's decision by imposing a conditional criminal sentence on narcotics, it often invites debate and dissatisfaction from various parties. The problem of this journal is what is the basis for the judge's consideration of imposing a conditional criminal sentence and what are the inhibiting factors for the application of the judge's decision. This research is an empirical legal research that prioritizes field data using the analytical descriptive specification method. The results of the study that the judge's consideration of imposing a conditional sentence in a narcotics crime case at the Palembang Class IA District Court was based on juridical considerations (legal certainty), namely Article 14a to Article 14f of the Criminal Code, Article 127 paragraph (1) letter c of the Narcotics Law and sociological considerations and philosophical considerations. The inhibiting factors for applying conditional criminal penalties at the Class IA Palembang District Court are the law factor, law enforcement officers, infrastructure, and the cultural factor of the community itself.

Application of A Judge's Ruled In A Civil Dispute

In 2005, the trial of land grant dispute was held between the Diocese of Amboina as the plaintiff against MR et al. as a defendant in the District Court Tual Southeast Moluccas. This trial was won by the Diocese of Amboina. The defendant then filed an appeal, Cassation and judicial review up to the level of the Supreme Court. Based on the Supreme Court decision no. 166/Pk / year 2010, the panel of judges ruled that the Diocese of Amboina as the legal owner of the land and sentenced the defendant to pay a fine and return the object of dispute without any conditions. Since the issuance of the decision until now, the Diocese of Amboina has not executed the land object, because the Diocese of Amboina has not submitted an application for execution to the District Court in accordance with the provisions of Article 196 HIR due to normative juridical considerations of the church; humanitarian reasons and the urgency of utilizing the object of dispute.. The purpose of this research is to understand the application of Supreme Court decision No. 166/Pk/Pdt / 2010 in dispute over land grant Diocese of Amboina. The author uses normative juridical methods and also through interviews to obtain information as a support in writing this thesis. The result of the research found that decision has permanent force and for the realization of justice and legal certainty for the parties, especially the Diocese of Amboina, the execution action must be carried out immediately in cooperation with the local district court.

Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts

This paper aimed at exploring judges’ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judges’ decision and the results of judges’ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.

Analysis of Lack of Basis for Judge Considerations in Cases of Abortion by Teenagers

The purpose of this writing is to analyze what the judges consider about the crime of abortion (Decision Study Number: 90/Pid.Sus/2021/PN/Gto). The writing method used is Normative writing, using 2 approaches namely; law (statute approach) and a case approach (case approach). The results of this writing show; In decision Number: 90/Pid.Sus/2021/PN/Gto. Judges are not based on strong juridical considerations by applying the principle of lex specialist derogate legi general and the principle of lex posterior derogate legi priori,

IMPLEMTASI PERMA NOMOR 02 TAHUN 2012 TENTANG PENYESUAIAN BATASAN TINDAK PIDANA RINGAN DAN JUMLAH DENDA DALAM KUHP TERHADAP PELAKU PENCURIAN RINGAN

This study discusses the application of Perma No. 02 of 2012 concerning adjustments to the limits of minor crimes and the amount of fines in the Criminal Code against perpetrators of minor theft. The data collection technique is carried out by the author by means of: literature study, field study, and interviews. The results of this study: 1. The application of punishment to the perpetrators of the crime of minor theft in case Number 2/Pid.C/2020/PN Bbu, namely that in this case of minor crimes, the judge's decision is only recorded in the register, that is, it is enough in the book not to make a decision. separately and the verdict of the trial is carried out on the same day or time at the same time this is so that it does not take protracted time because this minor crime is fast so that cases go to court such as traffic violations cases, 2. Basis for judges' considerations Sentencing the perpetrators of the crime of minor theft in case Number 2/Pid.C/2020/PN Bbu, was based on juridical considerations, namely based on the indictment of the public prosecutor, witness statements, statements of the defendant, evidence, while the considerations made by the public prosecutor non-juridical, namely the background of the defendant and the religion or belief held by the defendant, the physical and mental condition of the defendant and the consequences of the defendant's actions.

The decision of constitutional justices: Between juridical considerations and Islamic values in the Indonesian legal system

The decision of constitutional justices: Between juridical considerations and Islamic values in the Indonesian legal system

What is a Personal Ordinariate? Ecclesiological and Juridical Considerations

What is a Personal Ordinariate? Ecclesiological and Juridical Considerations

PERTIMBANGAN HAKIM TERHADAP PUTUSAN PEMIDANAAN PADA TINDAK PIDANA PEMBUNUHAN (STUDI PUTUSAN NOMOR 299/PID.B/2013/PN.GST)

At Gunungsitoli District Court Decision Number 299/Pid.B/2013/PN.Gst), the defendant wassentenced to 12 years in prison for committing a joint murder. In this verdict, the defendantclearly acted as the main perpetrator or intellectual of the murder and the defendant alsothreatened one of the witnesses with the aim of making the witness participate in the murder.So the act of the defendant should be punished more severely in accordance with theprovisions of the criminal law. Based on these descriptions, the researcher interested inconducting research entitle “Pertimbangan Hakim Terhadap Putusan Pemidanaan Pada TindakPidana Pembunuhan (Studi Putusan Nomor 299/Pid.B/2013/PN.Gst).”Based on the results and discussion, it is concluded that the Judge's consideration in theconviction of the crime of murder (case study decision number 299 / Pid.B / 2013 / PN.Gst), thejudge has a non-juridical basis for consideration, namely where the defendant is polite in court,has never been convicted, and the defendant acknowledged and regretted his actions, whilethe juridical consideration was that based on the facts of the trial, the defendant legallycommitted the crime of murder. So the judge should have sent a conviction to the defendant asstipulated in Article 340 Jo 55 paragraph (1) of the Criminal Code.
 Keywords: Judges Considerations, Criminal Decisions, Murder Criminal Act

National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic

The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.

Law Enforcement Against the Crime of Trading in Protected Animals (Case Study Decision Number: 3295/Pid.B/Lh/2019/Pn.Sby)

The purpose of this study is to analyze law enforcement practices on the criminal acts of protected wildlife trade and analyze legal considerations by judges on Decision No. 3295/Pid.B/LH/2019/PN. Sby. The results show that law enforcement practices on the criminal act of trafficking protected animals is referring to Law No. 5 of 1990 on Conservation of Biological Natural Resources and Ecosystems. The results also showed that the legal consideration by the judge on The Verdict Number: 3295/Pid.B/LH/2019/PN. Sby has considered sociological, philosophical and juridical considerations so that the granting of imprisonment for 1 (one) year and a fine of Rp 25,000,000 (twenty-five million rupiah) provided that if the fine is not paid will be replaced with a fine of 1 (one) month in prison is considered appropriate and effective.

Tindak Pidana Penyalahgunaan Narkotika oleh Remaja di Kabupaten Gianyar

The increase in the use of narcotics has recently shown a higher number. This creates problems for both the general public and individuals. The actions of drug abusers are very disturbing, starting from the family environment to the surrounding environment. As a result, many children are physically and mentally damaged. Of course, this will greatly affect their future. This study aims to examine the legal regulations for the criminal act of narcotics abuse by adolescents in Gianyar Regency and examine the judge's considerations in imposing criminal sanctions on narcotics abusers in Gianyar Regency. This research was designed using normative legal research with a statutory approach and a conceptual and problem approach. The data used were primary and secondary legal data. The data were obtained through field research using note-taking and documentation techniques. Furthermore, the data were analyzed descriptively qualitatively. The results showed that the application of material criminal law by the judge in case Number 516/Pid.Sus/2015/PN.Mks was fitting with the fulfillment of the elements of Article 127 Paragraph (1) letter a of Law Number 35 of 2009 concerning Narcotics by declaring the defendant legally and convincingly guilty of committing a crime of narcotics abuse. The judge's legal considerations in deciding the case Number 516/Pid.Sus/2015/PN.Mks were appropriate based on normative and sociological juridical considerations and by looking at valid evidence

An Analysis About Drugs Dealers

This research was motivated by two accused drugs dealers who came from Mandailing Natal who were caught by members of the Padangsidimpuan City Police on January 8, 2020 in Field I Tor Simarsayang with evidence of narcotics class I, type of marijuana weighing 250 kilograms and was sentenced by a judge with sanctions sentence of 20 years in prison. The purpose of this study is to determine the application of the panel of judges regarding material law in the decision, to determine the judge's considerations in imposing the penalty. and to find out how the perspective of Islamic criminal law is related to the decision No.177/Pid.Sus/2020/Pn/Psp. The research used in this research is field research which is qualitative in nature, namely research conducted by collecting primary and secondary data. Research data that becomes primary data is data obtained directly from research subjects, namely the results of interviews with the Padangsidimpuan City District Court judges and the defendants in in social institution of Padangsidimpuan. While the secondary legal materials for researchers were obtained from laws and regulations, books, articles, expert opinions, and other sources deemed relevant and related to this research. The data collection technique is done by interview, and documentation. The data is processed by identification, clarification and analysis techniques to obtain final conclusions. The results of this study are the application of material law in No.177/Pid.Sus/2020/Pn/Psp is involvement as a narcotics courier, conspiracy in narcotics couriers and evidence. As well as the consideration of the panel of judges in decision No.177/Pid.Sus/2020/Pn/Psp in imposing a 20-year sentence, there are two considerations, namely juridical considerations and non-juridical considerations, in which the juridical considerations consist of the demands of the public prosecutor, a memorandum of defense for the defendant, statements the defendant, the statements of the witnesses, and mitigating and aggravating and non-juridical matters are sociological aspects. So that in imposing a sentence, the judges really consider the sanctions that will be decided based on the facts in the trial.

Pertimbangan Hakim dalam Menangani Tuntutan Pengembalian Uang Belanja Pada Pengadilan Agama

One of the problems faced by a judge when deciding on a divorce case is the case of refunding spending money. Regarding spending money, it becomes a new problem and legal case when a wife files for divorce (khulu) to her husband in court (especially if the wife has not been interfered with), then her husband demands a refund of the spending money.This study uses a type of field research (field research), namely research in which data collection is carried out in the field, in this study is a legal sociology approach. The sociology of law approach is used to evaluate and examine the influence of law on social behavior, the beliefs held by people in the social world in relation to customary justice, social organizations, social developments and legal institutions, social conditions that give rise to law.The results of the study show that (1) the basis for the judge's consideration in deciding cases of demands for a refund of expenditures to settle cases of demands for a refund of expenditures there are 3 methods, namely: The method of juridical considerations bases its decision on the provisions of the legislation formally in the form of evidence. namely, documentary evidence (written), witness evidence, suspicion (allegations), confessions and oaths, the Sociological Method. And Philosophical Methods. (2) The judge in handling the demands for the refund of spending money is based on Islamic law, by conducting ijtihad or legal discovery by tying up or analogizing spending money with a dowry because of Qobla Dukhul. Because no legal basis is found in the Qur'an and al-Hadith.

Pertimbangan Hakim terhadap Penegakan Hukum Tindak Pidana Korupsi Dana Desa

This study aimed to analyze law enforcement efforts against criminal acts of corruption and legal considerations of judges in deciding cases related to criminal acts of corruption in village funds. This type of research was empirical research. The data source came from data obtained directly from the community or commonly referred to as primary data and other data obtained from library materials or commonly referred to as secondary data. The analysis qualitative was used for analyzing data. Law enforcement against criminal acts of corruption in village funds carried out by the prosecutor’s office was still repressive. There were no preventive actions to educate the village government about the dangers of corruption. Enforcement of village funds corruption by the High Court still very weak even though the actions taken by law enforcers were in accordance by the provisions stipulated in the Corruption Crime Law. Judges’ considerations regarded law enforcement on criminal acts of corruption in village funds consisted of juridical and non-juridical considerations.

The Impact of Cases Termination Against Suspects Through Pretrial In The Process Of Investigating Tax Crimes

There are various criminal acts or tax violations that can be punished to criminal sanctions. Hence, by the publication of the Criminal Procedure Code, abbreviated as KUHAP, a pretrial is formed to maintain the orderliness in the investigation and protect the suspect against the actions of investigators and public prosecutors that violate the law and harm the suspect. This research aims to find out and examine normatively the pretrial institution that has the authority to examine and adjudicate the application for termination the investigations submitted by the suspect. Also, to determine juridical considerations as the basis of the petition for the pretrial authority cases against the applications for termination of investigations submitted by the suspect. This research is a normative juridical research. The conclusion is obtained that pretrial is the authority of the district court to examine and make decision according to the method regulated in this law, regarding the legality of an arrrest and / or at the request of the suspect or his family or other parties on the power of the suspect and the legality of the termination of investigations or prosecution on requests for the sake of upholding law and justice. Furthermore, based on Article 50 of the Criminal Procedure Code and Article 4 section (2) of Law No 48/2009 concerning on Judicial Power, Article 50 of the Criminal Procedure Code and Article 4 section (2) concerning on Judicial Power that give the suspect or defendant the right so that his fate is not suspended and obtains legal certainty.

Analisis Yuridis Putusan Hakim Terhadap Tindak Pidana Penipuan (Studi Putusan Nomor : 70/Pid.B/2020/Pn.Bpd)

This study is to find out the proof of the crime of fraud and to find out the juridical analysis of the judge's decision on the crime of fraud in adjudicating the crime of fraud based on the decision Number: 70/Pid.B/2020/PN.Bpd. One of the laws that regulate social life is criminal law, which regulates all legal rules that determine what regulations against perpetrators of crimes should be imposed on perpetrators. Because basically the purpose of law is to uphold justice so that public order and peace can be realized. From the above description concerning acts or actions that violate the law and are not in accordance with the norms (laws) that have been established, it is a criminal act of fraud as regulated in Article 378 of the Criminal Code. As for this research, it is not an ordinary fraud but a fraud carried out by means of the position given to him so that it can be more burdensome for the perpetrators of criminal acts. In this decision, which is a decision on a criminal case of fraud, is it significant with article 378 of the Criminal Code. This research uses normative juridical research. The sources of legal materials used are primary legal materials and secondary legal materials and tertiary legal materials, and the technique of collecting legal materials in this study is a document or literature research technique (library research). The tool used to collect data in this research is a literature study, the data analysis used is by means of analysis of the interpretation method / legal interpretation in the form of systematic interpretation. Based on the results of the study, conclusions were obtained, namely: First, proof of criminal fraud against cases with Number 70/Pid.B/2020/PN.Bpd. it is in accordance with the formulation of Article 378 of the Criminal Code regarding fraud, through juridical considerations based on the factors revealed in the trial and the facts that are used as the basis for consideration to make a decision against the defendant. Second, in Decision Number: 70/Pid.B/2020/PN.Bpd. The Panel of Judges was not careful in using non-juridical legal considerations and in this case there should be a break in the new law because it was made based on it. In this decision the judge did not prioritize justice for the victim, indeed in the case of fraud there was no restitution for the victim, but at least the judge was more burdensome in punishment to the defendant by imposing a crime under Article 52 of the Criminal Code which explains that an official for committing a crime violates a special obligation from his position , or when he commits a crime, he uses the power, opportunity or means given to him because of his position, the punishment may be increased by one third.

Sentencing for Minors in Sexual Abuse Cases

Sexual abuse is committed not only by adults but also by minors. The legal process upon children who have committed sexual abuse refers to the Law Number 11 of 2012 on the Juvenile Court System. The purpose of this study is to find out the factors to be considered by the panel of judges in imposing penalty upon the perpetrators. The study employs both normative and empirical approaches. It is found with regard to the liability issue, the panel of judges relies on both juridical and non- juridical consideration. In sexual abuse case that was tried in Kebumen District Court, beside imposing imprisonment, the panel of judges also ordered the perpetrators to undergo work training as a substitute of fine.

Responsible Procreation—Co-Responsibility of Spouses. From Adequate Anthropology to the Legal Anthropology of Matrimony

This study successfully verifies the thesis that both eponymous anthropological criteria (responsible procreation and co-responsibility of spouses), referring to the nature of personae humanae, have an invaluable epistemological value in the matrimonial law. Opening a wider horizon of cognition and interpretation, they become indispensable in the accurate/reliable deciding of cases concerning the invalidity of marriage. The subsequent stages of the discourse proposed here, step by step from the general guidelines of adequate anthropology to the detailed assumptions of the legal anthropology of matrimony, have very clearly confirmed the words of John Paul II that “[…] an authentically juridical consideration of marriage requires a metaphysical vision of the human person and of the conjugal relationship” (Address to the Roman Rota, 2004).

Judges Considerations of Criminal Acts Conducted By Adult against Children

Children are one of the assets of national development, which should be considered and taken into account in terms of quality and their future. Without reliable quality and a clear future for children, national development and the fate of the nation will be difficult to imagine. Children, as heirs and holders of the fate of the nation, also determine the pace of the national development process in all fields. The formulation of the problem is 1) How is the Law on Judicial Power in making considerations? 2) How to overcome the obstacles and solutions given by the Judge in giving consideration to the crime of decency committed by adult men against children? The method used is juridical normative. The results of this study are: (1) The judges' consideration of decency crimes committed by adult men against minors in the decision of the Temanggung District Court Number: 53/Pid.Sus/2019/PN TMG has paid attention to the basis for judging, the basis for deciding, and values who live in society, then have considered juridical considerations. (2) Overcoming obstacles and solutions given by judges in giving consideration to crimes of decency committed by adult men against children.

Tindak Pidana Pembunuhan yang Dilakukan oleh Anak

School students are the future generation who still need guidance; if they are failed to be guided, there will be an upheaval in their inner selves that is delinquency, which may turn into a criminal act, like murder. The backgrounds of problems are formulated as follows: 1). what is the judge's consideration in deciding cases of murder committed by the child? 2) How criminal sanctions are imposed on a child? This research uses normative legal research methods. The results show that the rationale judgment of the judges in imposing punishment to the juvenile was merely based on the action of crime committed by the children. The judges only perform their obligations under the Act that has been established and which they assume the verdict was fair for the society and the family victim. However, the judges failed to assume the negative impact of criminal penalties of 10 (ten) years of imprisonment sentenced to the children. It was clear that the judges tend to apply juridical considerations in decision making process. While they did consider the non-juridical considerations in decision Number 22/Pid.Sus.Anak/2016/PN.Tjk which actually should be based on sociological, psychological, criminological, and philosophical of the juveniles. The researcher suggests that: 1) The judges must consider and reconsider the punishment of 10 years imprisonment which may lead to mental decline in children because they are still relatively; 2) The judges shall reconsider the impact that would occur in children as they are living for 10 years in prison.