scholarly journals Legal Protection for Children in Conflict with the Law: Process and Problems

2021 ◽  
Vol 3 (3) ◽  
pp. 381-398
Author(s):  
Olif Skear Prabasini
Keyword(s):  
Legal Protection ◽  
Male Child ◽  
Legal Assistance ◽  
Correctional Institutions ◽  
Good Society ◽  
Basic Rights ◽  
The Law ◽  
Implementation Of Coaching

The implementation of coaching prisoners, whether male, child or female, in an effort to return prisoners to a good society, is very important, not only material or spiritual, but both must run in balance, these are the main things that support prisoners easily in living their lives. after serving the sentence. Guidance in Correctional Institutions is expected to be able to shape the personality and mentality of prisoners who are considered not good in the eyes of the community to become normal and in accordance with applicable norms and laws Real efforts to guarantee the basic rights of women. The purpose of this study is to determine the rights of a child in obtaining legal assistance, to find out and analyze regulations regarding children, and to analyze the mechanism of legal protection for children who are in conflict with the law.

scholarly journals Equality before the Law Principle and the Legal Aid for the Poor: An Indonesian Insight

2021 ◽  
Vol 3 (4) ◽  
pp. 517-536
Author(s):  
Khoirum Lutfiyah
Keyword(s):  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
Legal Problems ◽  
Basic Rights ◽  
The Law ◽  
The Government

Legal aid is something that is given by the state to people who are unable to get justice and their basic rights before the law. The state has an obligation to protect every citizen, especially legal protection for the poor or the poor. To ensure this protection, the government forms a law which can help the underprivileged or poor in dealing with the legal problems they experience. With the existence of the Law on Advocacy, the Law on Legal Aid, as well as the existence of this Legal Aid Institute, it is hoped that it will be able to reduce the burden on what people experience before the law, especially related to the costs of legal aid.

scholarly journals Legal Protection Against Notary Employee who Acts as Witness in Making Deed

2019 ◽  
Vol 6 (2) ◽  
pp. 538
Author(s):  
Riki Darma Daus ◽  
Ismansyah Ismansyah ◽  
Dasman Dasman
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Legal Protection ◽  
Descriptive Study ◽  
Legal Problem ◽  
Trial Process ◽  
Basic Rights ◽  
The Law

The main problem of this study is how the form of legal protection against notary employee who acts as witness in making deed according to the Law of Manpower and what the form of legal protection against notary employee who acts as witness in making deed according to the provisions of civil law and criminal law. The method used in this study is a normative juridical approach. In addition, this is an analytical descriptive study which will be analyzed qualitatively. The discussion results of this study found that Law No. 13 of 2003 concerning Manpower does not regulate legal protection against notary employee who acts as witness in making deed in the event of legal problem. However, it provides legal protection in the form of guaranteeing the basic rights of worker and guaranteeing equality and treatment without discrimination on any basis. According to the provisions of civil law, until now there are no rules governing legal protection against notary employee who acts as witness in making deed in the trial process. However, in the context of criminal law, regarding general protection of witness with the existence of Law No. 31 of 2014 concerning Amendment to Law No. 13 of 2006 concerning Protection of Witness and Victim, notary employee who acts as witness in making deed will also obtain protection of personal, family and property security.

scholarly journals PERLINDUNGAN HUKUM PENGGUNA JASA ELECTRONIC BANKING (E-BANKING) DI TINJAU DARI PERSPEKTIF HUKUM PIDANA DI INDONESIA

2016 ◽  
Vol 2 (1) ◽  
pp. 126
Author(s):  
Aryani Witasari ◽  
Aris Setiono
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Assistance ◽  
Electronic Banking ◽  
The Law ◽  
Do So

Crime e-banking frequent one ATM card forgery. The perpetrators made a complete fake ATM cards with a magnetic stripe that already contains data records of card fraud. In addition to falsify the card, the perpetrators also know the PIN number of the card is duplicated / forged. ATM card forgery or duplication can be done because the necessary equipment to do so can be easily obtained in the market. This study uses normative legal approach by researching library materials or secondary data only, which relates to the legal protection of e-banking customers in the perspective of criminal law, using the approach of legislation, conceptual and historical. The study says that the legal protectiongiven to customers when there is a loss in e-banking transactions are bank provides its customers the facility if the losses caused by the e-banking, the bank facilitates its customers by providing legal assistance in litigation and non-litigation. 2) The legal protection of the victims of the features of e-banking in the standpoint of criminal law, is shared by the two concepts, namely the protection of the law implicitly and explicitly, of the concept of legal protection that customers have the force of law if the victim of the implications that exist within an e -banking.

scholarly journals Perlindungan Hukum Hak-Hak Narapidana Anak di Lembaga

2021 ◽  
Vol 2 (3) ◽  
pp. 513-518
Author(s):  
Komang Angga Pradana ◽  
I Nyoman Gede Sugiartha ◽  
Diah Gayatri Sudibya
Keyword(s):  
Education System ◽  
Child Protection ◽  
Correctional Officers ◽  
Legal Protection ◽  
Correctional Institutions ◽  
Conceptual Approach ◽  
Child Education ◽  
The Law ◽  
The Republic ◽  
Materials Used

Acts against the law against children are now increasing in the country, children are one of the creations of God Almighty as his creation with the age of children under 18 years old or unmarried are still unstable towards behavior, their emotions are still unstable should be more receive full attention in correctional institutions. This study aims to analyze the regulation of the child education system in special coaching institutions and legal protection for child prisoners in special coaching institutions. This type of research uses the normative method, using the Legislative and Conceptual approach. The sources of legal materials used are primary and secondary legal sources. The technique of collecting data on legal materials used is through recording, namely by quoting. The analysis of legal materials used in this research is descriptive-qualitative. The results of the study reveal that the justice and education system is regulated in the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System while the legal protection of children is regulated in the Law of the Republic of Indonesia Number 35 of 2014 amendments to Law Number 23 of 2002 concerning Child protection. Correctional officers should better understand and adapt to the conditions and situations of Indonesia without ignoring the methods or procedures for protection carried out by other countries that should be considered and imitated.

scholarly journals Juvenile, Prisons, and Justice: How Do Correctional Agencies Provide Legal Assistance for Children in Conflict with The Law?

2021 ◽  
Vol 3 (2) ◽  
pp. 197-208
Author(s):  
Syaiful Anwar ◽  
Mardella Galih
Keyword(s):  
Justice System ◽  
Juvenile Justice System ◽  
Legal Assistance ◽  
Correctional Institutions ◽  
Literature Study ◽  
International Human Rights ◽  
Study Materials ◽  
The Law ◽  
Special Rights ◽  
Special Protection

The Juvenile Justice System in Indonesia has a special feature where a child facing the law in criminal justice must receive special protection by law enforcers. One of them is the Correctional Center which has an important role in providing input from the police, prosecutors and courts as a form of realization of the protection of children's rights. Children who are included in the group whose rules are in the national and international human rights instruments must receive special protection by providing legal assistance and the state must be responsible for the fulfillment of these special rights. The issues raised in this paper are: What is meant by children dealing with the law and what is the form of legal assistance by correctional institutions (BAPAS) for children dealing with the law. The method used in writing this paper is descriptive qualitative analysis using primary legal material data, secondary legal materials, and other literature study materials.

scholarly journals Providing Legal Assistance to the Rights of the Defendant in the Case of Murder in Self-Defense

2021 ◽  
Vol 3 (4) ◽  
pp. 569-584
Author(s):  
Miftakhul Ihwan
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Aid ◽  
Human Right ◽  
Self Defense ◽  
Inhibiting Factors ◽  
The Law ◽  
The Right

Law No. 16 of 2011 concerning legal aid, it is stated that legal aid is legal services provided by legal aid providers free of charge to legal aid recipients. In order to ease the burden of life for groups of people who are economically incapable, and also useful for creating justice and legal protection for the general public, legal aid is formed where the assistance is given to protect the rights of the accused as social beings, especially those included in the incapacitated or poor. Even so, the defendant's actions have clearly violated the law, but the law must also ensure that the rights of the accused are fulfilled as citizens, especially in terms of human rights. Legal aid institutions play an important role in providing legal assistance to people who need legal assistance to guarantee their rights before the law. The problem in this research is how to implement the provision of legal aid to defendants who are economically incapable of murder cases on the basis of self-defense. What are the inhibiting factors for the implementation of providing legal aid to defendants who are economically incapable? The conclusion in this study is that the law clearly stipulates that every citizen has the right to legal guarantees and protection, the state must protect every human right of its citizens well regardless of position status or SARA. 

Urgensi Assesment Report Dalam Omnibus Law RUU Cipta Kerja

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Indra Rahmatullah
Keyword(s):  
Academic Research ◽  
Legal Protection ◽  
The State ◽  
The Law ◽  
Scientific Arguments

Abstract:A draft law must be able to answer and solve the main problem of the society so that with the existence of the law the community gets legal protection from the state. However, the draft of Cipta Kerja Law makes an endless controversy. In fact, the draft was allegedly containing some problems since its appearance. Therefore, academic research (Assesment Report) is needed so that the rules in the draft have basic scientific arguments that can be justified. Unfortunately, the draft does not conduct an assesment report to know whether the society need the law and urgent.Keywords: Legal Protection, Controversy and Assesment Report Abstrak:Sebuah rancangan undang-undang harus dapat menjawab dan menyentuh pokok permasalahan masyarakat sehingga dengan adanya undang-undang tersebut masyarakat mendapatkan sebuah perlindungan hukum dari negara. Namun, dalam RUU Cipta Kerja ini justru berakibat pada kontroversi yang tiada hentinya. Bahkan, disinyalir RUU ini mengandung kecacatan sejak awal pembentukannya. Oleh karena itu, dibutuhkan penelitian akademis sehingga aturan-aturan yang ada dalam RUU ini mempunyai basis argumentasi ilmiah yang dapat dipertanggungjawabkan yang salah satunya adalah dengan membuat Laporan Kelayakan. Sayangnya RUU ini belum melakukan laporan kelayakan apakah RUU ini dibutuhkan dan penting di masyarakat.Katakunci: Perlindungan Hukum, Kontroversi dan Laporan Kelayakan

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

Ghana's Children's Act 560: A Rethink of its Implementation?

2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful
Keyword(s):  
Child Care ◽  
Child Protection ◽  
Professional Training ◽  
Social Care ◽  
Legal Protection ◽  
Initial Step ◽  
Legal Rights ◽  
Rights Of The Child ◽  
Administrative Framework ◽  
The Law

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.

Sign in / Sign up

Export Citation Format

Share Document