Journal
Punishment of the Kanjuruhan Commotion due to Negligence from the Perspective of Causality Theory (Case of Decision 13/Pid.B/2023/PN Sby jo 922/K/Pid/2023)
The Digest: Journal of Jurisprudence and Legisprudence · Vol. 4 No. 2 (2023) · pp. 123–144
- ISSN
- 2746-0371, 2746-2110
- Published
- 2023-12-28
- Publisher
- Universitas Negeri Semarang
- Language
- eng
Abstract
The consequences of the Kanjuruhan incident during Indonesian football matches prompted the implementation of punitive measures, aiming to ensure the protection of fundamental rights. The incident, which resulted in dissatisfaction among fans, particularly the Aremania supporters, was triggered by their team's defeat. The conclusion of the match saw a surge of discontent, leading fans to descend onto the field to express their disappointment. In conducting this research, a doctrinal legal approach, specifically of the normative type, was employed. The methodology involved a literature study, encompassing legal principles, rules, regulations, doctrines, theories, and legal dictionaries that contribute to legal literacy. The research aimed to gain insights into the necessity, harmony, and intentionality of legal measures, employing a scientific approach through doctrinal laws. The normative legal methods used positive law, context, and literature as their specifications. The research approach incorporated positive law and a case study method, focusing on the Kanjuruhan commotions. The findings and discussions unveiled the court's decision in accordance with Decision 13/Pid.B/2023/PN Sby, which acquitted the defendant. Legal efforts were subsequently initiated by the public prosecutor (JPU) in case 922/K/Pid/2023 to overturn the previous decision. The Supreme Judge determined a violation of Article 359 in conjunction with Article 360 of Law Number 1/1946 concerning Criminal Law Regulations, citing negligence leading to death. The causal link in this case was established when security forces (police) deployed tear gas into the spectator stands in response to the anarchic behavior of the Aremania supporters who had descended onto the field.
Collaboration network of the authors
40 authors · 128 co-authorship links · 1 across different organisations · showing the 40 most connected
Hover or tap a name to highlight its co-authors. Double-click to open the author's page.
- State University of Semarang
- Universitas Gadjah Mada
- Affiliation unknown
- Different organisations
- Same organisation
- Affiliation unknown
- Thicker line = more joint articles · bigger circle = more articles
Show as table
| Co-author | Organisation | Joint articles |
|---|---|---|
| Winarsih Winarsih | Universitas Gadjah Mada | 8 |
| Muhamad Sayuti Hassan | Affiliation unknown | 8 |
| Muhammad Azil Maskur | Affiliation unknown | 7 |
| Ridwan Arifin | Affiliation unknown | 7 |
| Rodiyah Rodiyah | Affiliation unknown | 5 |
| Anis Widyawati | Affiliation unknown | 4 |
| Rohadhatul Aisy | Affiliation unknown | 4 |
| Ahmad Zaharuddin Sani Ahmad Sabri | Affiliation unknown | 4 |
| Indung Wijayanto | State University of Semarang | 3 |
| Eram Tunggul Pawenang | State University of Semarang | 3 |
| Aprila Niravita | Affiliation unknown | 3 |
| Siti Mursidah | Affiliation unknown | 3 |
| Moh. Khoiruddin | Affiliation unknown | 3 |
| Ricky Dermawan Fauzi | Affiliation unknown | 3 |
| Suhadi Suhadi | Affiliation unknown | 3 |
| Sonny Saptoajie Wicaksono | Affiliation unknown | 3 |
| Sukadari Sukadari | Affiliation unknown | 2 |
| Chanidia Ari Rahmayani | Affiliation unknown | 2 |
| Agung Aditya | Affiliation unknown | 2 |
| Nadhira Madania Dimarti | Affiliation unknown | 2 |
| Rasdi Rasdi | Affiliation unknown | 2 |
| Windiahsari Windiahsari | Affiliation unknown | 2 |
| Salsabila Triandani | Affiliation unknown | 2 |
| Rizqan Naelufar | Affiliation unknown | 2 |
| Dede Indraswara | Affiliation unknown | 2 |
| Syatriawan Lagura | Affiliation unknown | 2 |
| Nadela Justicea | Affiliation unknown | 2 |
| Juniza Indah Setiawati | Affiliation unknown | 2 |
| Sarno Setiawan | Affiliation unknown | 2 |
| Muhammad Afis Saifunuha | Affiliation unknown | 2 |
| Jauza Lasta Kautsar | Affiliation unknown | 2 |
| Moh Saman | Affiliation unknown | 2 |
| Muhammad Hilmi Naufal Aflah | Affiliation unknown | 2 |
| Diyah Anggun Febriyanti | Affiliation unknown | 2 |
| Bayyinatun Afifah | Affiliation unknown | 2 |
| Winarsih | Affiliation unknown | 2 |
Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.