Pertimbangan Hukum Hakim Dalam Kasus Tindakan Pencurian Kendaraan Bermotor Yang Di Lakukan Oleh Anak

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

Abstract
Introduction: one of the motor vehicle theft cases is the Ambon District Court decision No. No.12/PID.SUS-ANAK/2021/PN.AMB which states that Ammar Peisamal alias Ammar was convicted of "grave theft" as explained in the Criminal Code article 363 paragraph (1).
Purposes of the Research: This study aims to examine and discuss the actions of the perpetrators who have fulfilled the elements in Article 363 paragraph (1) of the Criminal Code and examine and discuss the basis for the judge's legal considerations in imposing a prison sentence of 2 years and 6 months on the perpetrator.
Methods of the Research: the research method used is normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of gathering legal materials through literature studies and then analyzed through perspective using qualitative methods.
Results of the Research: The results showed that the Ambon District Court Judge stated in his decision that the defendant had been legally and convincingly proven to have committed the crime of stealing this case and imposed a prison sentence on the defendant for 2 (two) years and 6 (six) months. The public prosecutor's indictment, the public prosecutor's demands and the judge's considerations in his decision have fulfilled all the elements of the offense and the conditions for imposing a sentence on the defendant. This is based on the examination at trial where the evidence submitted by the public prosecutor includes the statements of the witnesses and the statements of the accused which are interrelated. The testimony of the defendant admitted his actions and regretted it.Keywords
DOI
10.47268/tatohi.v4i4.2434
Published
2024-06-28
How To Cite
@article{TATOHI2434, author = {Revalno Alfons and Juanrico Titahelu and Iqbal Taufik}, title = {Pertimbangan Hukum Hakim Dalam Kasus Tindakan Pencurian Kendaraan Bermotor Yang Di Lakukan Oleh Anak}, journal = {TATOHI: Jurnal Ilmu Hukum}, volume = {4}, number = {4}, year = {2024}, keywords = {Judge's Legal Considerations; Motor Vehicle Theft; Child}, abstract = {Introduction: one of the motor vehicle theft cases is the Ambon District Court decision No. No.12/PID.SUS-ANAK/2021/PN.AMB which states that Ammar Peisamal alias Ammar was convicted of "grave theft" as explained in the Criminal Code article 363 paragraph (1).Purposes of the Research: This study aims to examine and discuss the actions of the perpetrators who have fulfilled the elements in Article 363 paragraph (1) of the Criminal Code and examine and discuss the basis for the judge's legal considerations in imposing a prison sentence of 2 years and 6 months on the perpetrator.Methods of the Research: the research method used is normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of gathering legal materials through literature studies and then analyzed through perspective using qualitative methods.Results of the Research: The results showed that the Ambon District Court Judge stated in his decision that the defendant had been legally and convincingly proven to have committed the crime of stealing this case and imposed a prison sentence on the defendant for 2 (two) years and 6 (six) months. The public prosecutor's indictment, the public prosecutor's demands and the judge's considerations in his decision have fulfilled all the elements of the offense and the conditions for imposing a sentence on the defendant. This is based on the examination at trial where the evidence submitted by the public prosecutor includes the statements of the witnesses and the statements of the accused which are interrelated. The testimony of the defendant admitted his actions and regretted it.}, issn = {2775-619X}, pages = {292--301} doi = {10.47268/tatohi.v4i4.2434}, url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2434} }
Adami Chazawi, Kejahatan terhadap Tubuh & Nyawa, Jakarta, Raja Grafindo, 2007.
Andi Hamzah. Delik-Delik Tertentu (Speciale De lie t e n) di dalam KUHP, Sinar Grafika, Jakarta, 2014.
Damang, Definisi Pertimbangan Hukum, dalam http://www.damang.web.id.
Eddy OS. Hiarieej, Teori dan Hukum Pembuktian, Penerbit Erlangga, Jakarta, 2012.
Juanrico Alfaromona Sumarezs Titahelu, Penerapan Diversi Terhadap Anak Sebagai Pelaku Tindak Pidana di Bidang Lalu Lintas, Jurnal Masohi, Vol. 01, Vol. 01, 2020.
http://www/academia.edu/7532931/Analisis_pidana_anak.
Kumala Enggar Anjarani, Penyelesaian kecelakaan Lalulintas Pelaku Anak, Jurnal Dialektika, Vol. 14, No. 2, 2019.
Lilik Mulyadi, Kompilasi Hukum Pidana dalam Perspektif Teoristis dan Praktek pradilan. Mandar Maju. 2007.
Martiman Prodjohamidjojo, Komentar atas KUHAP: Kitab Undang-Undang Hukum Acara Pidana, Pradnya Paramitha, Jakarta, 1984.
M H Tirtaamidjaja, Pokok-pokok Hukum Pidana, Jakarta: Fasco, 1955.
M. Nasir Djamil. Anak bukan Untuk Di Hukum, Sinar Grafika Jakarta, 2013.
Muladi, Teori- Teori dan Kebijakan Pidana, Bandung: Alumni, 1998.
Rusli Muhammad, Hukum Acara Pidana Konteporer, Bandung: Citra Aditya Bakti, 2007.
Yesmil Anwar dan Adang, Kriminologi. Refika Aditama. Bandung, 2010.
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Pertimbangan Hukum Hakim Dalam Kasus Tindakan Pencurian Kendaraan Bermotor Yang Di Lakukan Oleh Anak |
2. | Creator | Author's name, affiliation, country | Revalno Alfons; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Juanrico Alfaromona Sumarezs Titahelu; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Iqbal Taufik; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Judge's Legal Considerations; Motor Vehicle Theft; Child |
4. | Description | Abstract | Introduction: one of the motor vehicle theft cases is the Ambon District Court decision No. No.12/PID.SUS-ANAK/2021/PN.AMB which states that Ammar Peisamal alias Ammar was convicted of "grave theft" as explained in the Criminal Code article 363 paragraph (1).Purposes of the Research: This study aims to examine and discuss the actions of the perpetrators who have fulfilled the elements in Article 363 paragraph (1) of the Criminal Code and examine and discuss the basis for the judge's legal considerations in imposing a prison sentence of 2 years and 6 months on the perpetrator.Methods of the Research: the research method used is normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of gathering legal materials through literature studies and then analyzed through perspective using qualitative methods.Results of the Research: The results showed that the Ambon District Court Judge stated in his decision that the defendant had been legally and convincingly proven to have committed the crime of stealing this case and imposed a prison sentence on the defendant for 2 (two) years and 6 (six) months. The public prosecutor's indictment, the public prosecutor's demands and the judge's considerations in his decision have fulfilled all the elements of the offense and the conditions for imposing a sentence on the defendant. This is based on the examination at trial where the evidence submitted by the public prosecutor includes the statements of the witnesses and the statements of the accused which are interrelated. The testimony of the defendant admitted his actions and regretted it. |
5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
6. | Contributor | Sponsor(s) | Universitas Pattimura |
7. | Date | (YYYY-MM-DD) | 2024-06-28 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2434 |
10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v4i4.2434 |
11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024 |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2024 Revalno Alfons, Juanrico Alfaromona Sumarezs Titahelu, Iqbal Taufik
License URL: https://creativecommons.org/licenses/by-nc/4.0