A Study on the Transition of Japanese Criminal Law Theory concerning Intrusion upon Habitation for the Purpose of Extramarital Affair — Criticizing Ulsan District Court Decision 2020No147 Decided on August 21, 2020 —

2021 ◽  
Vol 31 (3) ◽  
pp. 441-480
Author(s):  
Junho Kim
Keyword(s):  
Criminal Law ◽  
Court Decision ◽  
District Court ◽  
Extramarital Affair

scholarly journals KONSEP CULPA DALAM PERKARA PIDANA SUATU ANALISIS PERBANDINGAN PUTUSAN NOMOR 18/Pid.B/2017/PN.TOBELO

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernest Sengi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Aspect ◽  
Court Decision ◽  
District Court ◽  
Legal Analysis ◽  
Court Judge

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences

scholarly journals Implementasi Tindak Pidana Ringan Dalam Kasus Penganiayaan (Studi Putusan Nomor : 178/Pid.B/ 2017/ PN. Mdn)

2019 ◽  
Vol 1 (1) ◽  
pp. 31-40
Author(s):  
Anwita Fauziah M ◽  
Ridho Mubarak ◽  
Wessy Trisna
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Criminal Offense ◽  
Daily Work ◽  
Criminal Offenses ◽  
Data Source ◽  
Work Type

Minor criminal acts are regulated in Article 352 of the Indonesian Criminal Code, which is a maltreatment that does not cause illness or is prevented from doing office or daily work. Type of normative juridical research. The nature of the research is analytical descriptive is a study that describes, examines, explains and analyzes a legal regulation and describes the results of the data received based on the data source and also by analyzing related cases based on sample cases seen from the Medan District Court Decision in a criminal offense of minor maltreatment . The application of criminal law against criminal offenses of mild persecution in Decision Number: 178 / Pid.B / 2017 / PN Mdn is the perpetrators violating Article 351 paragraph (1) of the Criminal Code, namely: first, legally proven and convincing guilty of committing a criminal offense, secondly, sentenced to prison for 3 (three) months and 15 (fifteen) days, third, stipulates the period of arrest and detention that has been served by the Defendant deducted entirely from the criminal convicted, fourth, orders the Defendant to remain in custody, fifth, imposes case costs to The defendant is Rp. 2,000, - (two thousand rupiah).

scholarly journals Kekuatan Pembuktian Wasiat Di Bawah Tangan dan Ratio Legis Putusan Pengadilan Negeri Bitung Nomor 43/Pdt.G/2015/PN.Bit. tentang Jual Beli Tanpa Adanya Bukti Tertulis

2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Court Decision ◽  
District Court ◽  
Witness Testimony ◽  
Physical Evidence ◽  
Legal Consideration ◽  
Material Evidence ◽  
Laws And Regulations ◽  
Legal Force

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.

scholarly journals PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION

2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Philosophical Foundation ◽  
Conceptual Approach ◽  
Historical Approach ◽  
Legal Relationship

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

scholarly journals TINJAUAN YURIDIS TENTANG GABUNGAN TINDAK PIDANA SEBAGAI HAL YANG MEMBERATKAN PIDANA Studi Kasus: Putusan Perkara Nomor:141/Pid.B/2018/PN Mrj (Pencurian)

2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Prison Sentence ◽  
Legal Certainty ◽  
The Family ◽  
Sense Of Justice

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

scholarly journals SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Tjokorda Istri Putra Astiti
Keyword(s):  
Domestic Violence ◽  
Gender Equity ◽  
Violence Against Women ◽  
The Other ◽  
Court Decision ◽  
District Court ◽  
Gender Justice ◽  
High Court ◽  
Other Hand ◽  
And Gender

This study specifically aims to assess synchronization and differentiation between the judge's decision, both horizontally and vertically, especially with regard todomestic violence cases. In addition, this study also intends to study about rule  whichare  applied by the Judges on the cases, and  reveal whether the  decision  under reviewreflects the gender justice This research is a legal normative research using case approach which wasexamined by studying the Judge’s decision in concrete cases, especially with regard todomestic violence. The number of decisions that were examined are six decisions whichconsists of three decisions of the District Court (Pengadilan Negeri) and  threedecisions  of the High Court (Pengadilan Tinggi). The decisions are determined bypurposive sampling.  Based on the analysis of the six decisions mentioned above ,  can be concludedas following:1)  The rule applied by the judge in hanling the concrete cases  regarding domestic violence particularly violence against women is on the Domestic Violence Act ( ActNo. 23/2004 ) with the application of a kind of sanction of imprisonment rangingfrom 1-3 months, that varied there the defendant was arrested some are droppedwith conditional (pidana bersyarat) (not being held prisoner) 2)  Among the three decisions of the District Court and the three decitions of the HighCourt which have analysed,  in one hand show synchronization and the other hand show differentiation.  In this case, synchronization and differentiation  can be seen vertically (between the District Court and the High Court decision), andhorizontally (between the District Court to each other) or between the decision ofthe High Court to each other).  3)  That the decision of the District and the High Court,  either have reflected gendersensitively and gender equity.

scholarly journals Case Review of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building

NORMA ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 37
Author(s):  
Ramzi Maulana Arghie
Keyword(s):  
Bargaining Power ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Case Review ◽  
Legal Research ◽  
The Law

The research, entitled Case Study of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building aims to find out whether or not Dirk Tatipata is said to have defaulted on the Sale and Purchase Agreement (PPJB) of land, which he did with Ronald Sanjaya, how the legal protection for Dirk Tatipata as the party who was harmed by the decision of the Surabaya District Court, This is normative legal research, Based on the results of the study, it can be concluded that legally, it is clear that Dirk Tatipata does not have high bargaining power and is a seller of land and buildings on Jl. Sleep No. 103 that has been done in front and signed by Notary Anita Lucia Kendarto, S.H., M.Kn. with several letters/deeds. Thus, legal resistance is still being carried out by carrying out a lawsuit in the land and building dispute case at the Surabaya District Court, and ending his defeat coupled with a penalty of trial fees and payment for his unlawful actions harmed Ronald Sanjaya as the legal owner of the land and buildingsKeywords: Agreement, Sale, and Purchase of Land and Buildings, Against the Law

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