1,720,953 research outputs found
ANALISIS YURIDIS PERTIMBANGAN HAKIM YANG MENYEBABKAN DISPARITAS PENJATUHAN PIDANA DALAM TINDAK PIDANA PENCABULAN YANG DILAKUKAN OLEH PENYANDANG DISABILITAS INTELEKTUAL (STUDI KASUS PUTUSAN NOMOR 135/PID.SUS/2018/PN. BTG DAN PUTUSAN NOMOR 16/PID.SUS/2019/PN. WSB)
No full textDyah Retno Wulansari, Prija Djatmika, Eny Harjati
Fakultas Hukum Universitas Brawijaya
Jl. MT. Haryono No. 169 Malang
e-mail: [email protected]
Abstrak
Penelitian ini bertujuan (1) untuk mengetahui dan menganalisis alasan yuridis pertimbangan hakim yang menyebabkan disparitas penjatuhan pidana dalam tindak pidana pencabulan yang dilakukan oleh penyandang disabilitas intelektual pada putusan nomor 135/Pid.Sus/2018/PN. Btg dan putusan nomor 16/Pid.Sus/2019/PN. Wsb (2) untuk mengetahui dan menganalisis implikasi yuridis dari pertimbangan hakim yang menyebabkan disparitas penjatuhan pidana pada putusan nomor 135/Pid.Sus/2018/PN. Btg dan putusan nomor 16/Pid.Sus/2019/PN. Wsb. Metode yang digunakan dalam penelitian ini adalah metode kualitatif dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian ini adalah seorang penyandang disabilitas intelektual merupakan seseorang yang tidak dapat dimintai pertanggungjawaban pidana atas tindak pidana yang dilakukan berdasarkan Pasal 44 ayat (1) KUHP, terutama dalam rumusan kalimat "pertumbuhan yang kurang sempurna". Dalam pembuktian apakah ia dapat dimintai pertanggungjawaban pidana, perlu dilakukan pemeriksaan kejiwaan oleh ahli kejiwaan (psikiater/tenaga kesehatan lainnya) dengan ukuran penilaian menurut perilaku adaptif mengenai pemahaman konsep, normal sosial, atau aturan yang hidup dalam masyarakat. Hasil dari penilaian ahli kejiwaan tersebut nantinya akan menjadi bahan utama dalam hakim membuat dasar pertimbangan. Terdapat dua putusan yang dijadikan sebagai objek penelitian skripsi ini, namun hasil putusan pengadilan berbeda. Metode deskriptif digunakan dalam Putusan Nomor 135/Pid.Sus/2018/PN. Btg dan metode normatif digunakan dalam Putusan Nomor 16/Pid.Sus/2019/PN. Wsb. Sedangkan dalam menentukan kemampuan bertanggungjawab seorang penyandang disabilitas intelektual hakim harus menggunakan metode deskriptif-normatif.
Kata Kunci: pertimbangan hakim, disparitas, disabilitas intelektual, kemampuan bertanggung jawab
Abstract
This research aims at (1) finding out and analyzing the juridical grounds of the judges delivering different verdicts over obscenity committed by a person suffering from intellectual disability under Decision Number 135/Pid.Sus/2018/PN.Btg and Decision Number 16/Pid.Sus/2019/PN.Wsb and (2) to find out and analyze the juridical implication of the judiciary consideration causing these diverging verdicts in the Court Decisions mentioned above. This research employed a qualitative method and statutory and case approaches, revealing that people with intellectual disabilities cannot be held liable for the crime committed as in line with Article 44 Paragraph (1) of the Penal Code, particularly in the phrase “pertumbuhan yang kurang sempurna” (impaired growth). Therefore, whether or not the person concerned can be held liable needs further mental observation performed by a psychiatrist/medic) according to the assessment standard of adaptive behavior regarding concept understanding, social norms, or regulations in society. The observation results of the patient concerned will serve as the main basis on which judges consider their decisions. A descriptive method was used to study Decision Number 135/Pid.Sus/2018/PN.Btg and a normative method for the Decision Number 16/Pid.Sus/2019/PN.Wsb, while descriptive-normative methods should be used to determine the ability of the person with an intellectual disability to be liable.
Keywords: judiciary consideration, disparity, intellectual disability, ability to be liabl
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
Author Under Sail The Imagination of Jack London, 1893-1902
No full textIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
- …
