Keadilan dan Ketertiban: Analisis Penegakan Hukum Kasus Pencurian Kakao oleh Nenek Minah (Putusan No. 247/Pid.B/2009/Pn.Pwt) (Tinjauan Filsafat Dan Sosiologi Hukum)
Aug 2026· Journal of Contextual Legal Studies and Economics· 0 citations
Abstract
Law enforcement in Indonesia is frequently confronted with tension between legal certainty, public order, and the community's sense of justice. This tension is clearly reflected in the theft of three cacao pods by an elderly farmer named Minah in Banyumas, Central Java, in 2009, as recorded in Purwokerto District Court Decision No. 247/Pid.B/2009/PN.Pwt. The case drew significant public attention because the formal legal process was carried through to trial despite the negligible economic loss involved. This study aims to analyze law enforcement in that case from the perspectives of legal philosophy and legal sociology. A normative juridical method is employed, combined with conceptual, philosophical, and case approaches, relying on library research of primary and secondary legal materials. The findings show that a purely legal-formal approach tends to disregard proportionality and social context, thereby creating disharmony between legal certainty and substantive justice, as reflected in Radbruch's three basic legal values and Aristotle's theory of corrective justice. From a sociological perspective, law enforced without regard for values living within society, particularly for vulnerable groups such as poor and elderly farmers, risks losing its social legitimacy, in line with Roscoe Pound's sociological jurisprudence and Satjipto Rahardjo's progressive law. The study concludes that the Minah case became an important catalyst for the adoption of restorative justice in Indonesia, later accommodated in Supreme Court Regulation No. 2 of 2012 and further strengthened in the new Penal Code.
An important part of any criminal inquiry is the official designation of a suspect, which must adhere to the KUHAP, the concept of due process, and be backed by legally acceptable evidence in accordance with Indonesian law. As a result of Constitutional Court Decision No 21/PUU-XII/2014, judges may now check the legiti...
Idris Wasahua, Rafii Navalino· VISA Journal of Vision and I...· 0 citations
This study aims to analyze the protection afforded to minors who commit sexual harassment and examine the judge’s legal considerations in Case Number 10/Pid.Sus-Anak/2023/PN Jkt.Tim. The study is motivated by the increasing involvement of children in sexual offenses, creating a dilemma between protecting child offender...
This study aims to analyze the inequality in law enforcement in the process of determining suspects by the police through the examination of Pretrial Decision Number 10/Pid.Pra/2024/PN Bdg. The background of this study is rooted in the importance of the rule of law and the principle of fair legal process in the Indones...
Idris Wasahua, Enry Jenniefer Virgie Dien· VISA Journal of Vision and I...· 0 citations
This research analyzes the phenomenon of sentencing disparity in a case of assault accompanied by same-sex sexual violence in Court Decision Number 1020/Pid.B/2023/PN Pdg. The primary issue in this study is triggered by the imbalance between the severity of the crime facts revealed in court and the leniency of the 3 (t...
Andika Dermawan, S. Wahyuni· Jurnal Penelitian Dan Pengka...· 0 citations
This study addresses the legal tension between the application of the ultimum remedium principle and the principle of the best interests of the child, set against public demands for retribution through the imposition of maximum sentences on Children in Conflict with the Law (ABH). The study aims to analyze the legal ba...
Adinda Putri Nur Vitasari, P. Kencono· Jurnal Ilmiah Multidisiplin...· 0 citations
As part of its commitment to safeguarding children who fall victim to sexual violence, Indonesia enacted Law Number 12 of 2022 concerning TPKS. Article 25 of this law raises the evidentiary weight given to a victim's testimony, yet its application in practice has not run smoothly, as illustrated by Court Decision Numbe...