scholarly journals PENGAJUAN DAN PEMBERIAN HAK RESTITUSI BAGI ANAK YANG MENJADI KORBAN KEJAHATAN SEKSUAL

Rechtidee ◽  
2019 ◽  
Vol 14 (1) ◽  
pp. 108-126
Author(s):  
Sapti Prihatmini ◽  
Fanny Tanuwijaya ◽  
Dina Tsalist Wildana ◽  
Misbahul Ilham
Keyword(s):  
Government Regulation ◽  
Court Decision ◽  
Legal Research ◽  
Child Victim ◽  
Sexual Crimes ◽  
Legal Norms ◽  
Legal Studies ◽  
Compensation Payment ◽  
The Family ◽  
The Right

This paper aims to analyze the mechanism for submitting and granting restitution as the responsibility of perpetrators of crimes. This is to fulfill the rights of children who are victims of criminal acts. The implemented provisions governing the submission and granting of restitution are regulated in PP No. 44 of 2008 and PP No. 43 of 2017. However, the implementation of the restitution provision,which is the right of the child (victim), has not been fully implemented due to a lack of maximum assistance by the relevant government, such us fulfilling the rights of victims to obtain rehabilitation, compensation and restitution as a form of protection of children after the occurrence of a crime for the loss suffered by the child and / or the family of the victim. This study uses doctrinal research (doctrinal legal research), while the approach used is (socio-legal studies) an effort to explore a problem by not only fulfilling the study of legal norms or doctrines, but also looking comprehensively at the context of norms and enforcement. The results showed that the submission of restitution stipulated in Government Regulation No. 43 of 2017 outlines that restitution is a compensation payment charged to the perpetrator based on a court decision.  It  has permanent legal force for material and immaterial losses suffered by the victim or his family, as in the case of giving restitution for a non specifically regulated the period of payment and a rejection of payments from perpetrators of sexual crimes. 

Human Rights Studies on Fulfillment of Restitution Rights for Children as Victims of Human Trafficking

2022 ◽  
Vol 20 (1) ◽  
Author(s):  
Eva Syahfitri Nasution ◽  
Siti Nurahmi Nasution ◽  
M. Hadyan Yunhas Purba ◽  
Akmal Handi Ansari Nasution
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Direct Observation ◽  
Government Regulation ◽  
Legal Issue ◽  
District Court ◽  
Legal Research ◽  
Child Victim

<em>This paper aims to analyze the fulfillment the restitution rights for the children as victims after the enactment of government regulation Number 43 of 2017 in Medan based on human rights studies. This research is normative legal research with statute approach which is carried out by examining law and regulations related to the legal issue being raised that is regarding the provision of restitution for child victim of human trafficking in Medan and empirical legal research which gaining data by means direct observation in Medan District Court. Based on the studies, it can be related that restitution must be given to the victims of human trafficking because it is a part of fulfillment of human rights to compensate the victim for losses suffered as the result of a crime.</em>

scholarly journals O PAPEL DA FAM�LIA NA EDUCA��O PARA O USO DA INTERNET: PROTE��O � CRIAN�A E AO ADOLESCENTE

2018 ◽  
Vol 16 (2) ◽  
Author(s):  
Mirian Andrade Santos
Keyword(s):  
Interpersonal Relations ◽  
Internet Access ◽  
Educational Process ◽  
The Internet ◽  
Sexual Crimes ◽  
Healthy Development ◽  
Internet Education ◽  
The Right To Privacy ◽  
The Family ◽  
The Right

O acesso a internet teve reconhecimento como sendo essencial ao exerc�cio da cidadania, assim cada vez mais as pessoas est�o em contato com esta ferramenta para variadas finalidades, tais como: aprimoramento intelectual, manten�a de rela��es intersubjetivas, comunica��o, distra��o, entre outras. Neste artigo pretendemos abordar a import�ncia da fam�lia no processo educativo como instrumento eficaz para prote��o da crian�a e o adolescente no uso internet, por meio da regulamenta��o, fiscaliza��o e orienta��o por parte dos pais do conte�do que seus filhos acessam na internet. Busca-se demonstrar a responsabilidade dos pais em conjunto com a sociedade e o Estado para fins de resguardar a exposi��o, o direito � privacidade, bem como para evitar a ocorr�ncia de crimes sexuais cometidos contra a crian�a e o adolescente na internet, que por vezes, em havendo sua ocorr�ncia, pode afetar e criar danos irrepar�veis ao desenvolvimento saud�vel destes. Palavras-Chave: Privacidade. Internet. Educa��o. Fam�lia. Crimes sexuais. ABSTRACT The internet access was recognized as being essential to the exercise of citizenship and increasingly people are in contact with this tool for different purposes, such as: intellectual improvement, maintenance of interpersonal relations, communication, distraction, among others. This article aims to address the importance of the family in the educational process as an effective tool for the protection of children and adolescents use the internet, through regulation, supervision and guidance by the parents of the content their children access on the internet. Seeks to demonstrate the responsibility of parents together with society and the state for the purpose of protecting the exposure, the right to privacy and to prevent the occurrence of sexual crimes committed against children and teenagers on the Internet, which sometimes , upon its occurrence, can affect and create irreparable damage to the healthy development of these. Keywords: Privacy. Internet. Education. Family. Sexual crimes.

scholarly journals Perlindungan Hukum Tentang Pengembangan Pelabuhan Di Daerah Sesuai Undang-Undang tentang Pelayaran Kaitannya dengan Undang-Undang tentang Pemerintahan Daerah

2020 ◽  
Vol 2 (2) ◽  
pp. 132-147
Author(s):  
Patartua H. Sitompul ◽  
Mirza Nasution ◽  
Dedi Harianto ◽  
Ridho Mubarak
Keyword(s):  
Local Governments ◽  
Government Regulation ◽  
Legal Protection ◽  
Regional Government ◽  
Legal Compliance ◽  
Legal Research ◽  
Government Regulations ◽  
Regional Autonomy ◽  
Legal Norms ◽  
Master Plans

The problems in this research are: First, how is legal protection, legal compliance and overcoming problems regarding the management of ports in the regions according to Law Number 23 of 2014 concerning Regional Government and its relation to Law Number 17 of 2008 concerning Shipping. The method used in this research is normative legal research, namely research that refers to legal norms and principles contained in statutory regulations and government regulations. The result of the research is that Law Number 17 of 2008 concerning Shipping contains articles that regulate ports which require further regulation in the form of a Government Regulation. The law establishes a system of port authority that will carry out a regulatory role, end state-owned monopoly control over port services, and require the development of national and regional port master plans. Legal protection in implementing regional autonomy is in accordance with the enactment of Law Number 23 of 2014 concerning Regional Government, legal protection for the implementation of various government affairs in the framework of serving the community and managing natural resources. The problems that have arisen in the management of ports in the regions so far are conflicts of use and power. It is hoped that the efforts to deal with these problems can be carried out reactively, meaning that local governments can carry out conflict resolution, mediation or deliberation in dealing with these problems.

scholarly journals SIKAP MASYARAKAT HUKUM ADAT BALI TERHADAP PUTUSAN MK NO. 46/PUU-VIII/2010 TERKAIT KEDUDUKAN ANAK LUAR KAWIN

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
Ni Nyoman Sukerti ◽  
I Gst. Ayu Agung Ariani ◽  
I Ketut Sudantra
Keyword(s):  
Indigenous People ◽  
Legal Culture ◽  
Customary Law ◽  
Constitutional Court ◽  
Legal Research ◽  
Biological Father ◽  
The Family ◽  
Pros And Cons ◽  
People’S Attitudes ◽  
The Right

This study aimed to determine the knowledge of indigenous people of Bali against theConstitutional Court No.46 / PUU-VII / 2010, meaning the Constitutional Court rulingrelated to the child outside the mating position, to identify and analyze the attitudes ofindigenous communities Bali on the discharge of the Constitutional Court. This study is anempirical law with non-doctrinal approach (socio legal research).The results showed that indigenous people in general do not yet know Bali Court DecisionNo.46 / PUU-VII / 2010 was. Meaning beyond mating gives children the same rights aschildren born within marriage. Balinese people’s attitudes related to this decision, can beclassified into two: 1. Most accept the decision of the reason; children outside the matingstatus to clear, the mother can claim responsibility for the biological father of the child,the child is no longer despised in the family and society. 2. small Sebagain reject reason;children outside mating can cause problems in inheritance in biological father, contraryto the customary law of Bali, girls may prefer not to marry. The attitude of the indigenouspeoples of Bali pros and cons of the legal culture of society.Conclusion: Its meaning is to give children the right to marry outside the same as childrenborn within marriage. Balinese customary law community in general have not been awareof the Constitutional Court. Balinese people’s attitudes towards the Constitutional Courtruling pro and cons.

scholarly journals Legal Protection For Auction Winner Execution Of Liability Rights Auction No. 49 / Pdt.G / 2011 / Pn.Pkl (A case study in Kospin, Pekalongan)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 639
Author(s):  
Ely Cahyawati ◽  
Lathifah Hanim
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Court Decision ◽  
Reverse Auction ◽  
Civil Case ◽  
The Future ◽  
Research Interviews ◽  
Winning Bidder ◽  
The Right

The research objective was to examine the legal protection against the winner of the auction the object is blocked by the land office to analyze the reason for blocking, and the responsibility of the winning bidder auction officials that the object is blocked by the land office How Legal protection for the Auction Winner of the auction Exsekusi security rights. The method used is as an additive normative juridical research interviews to the land office and Legal Section Kospin pekalongan Services. Based on the results of the study concluded eat: first, Consideration of the Land Office to block the process of reverse auction execution object name Encumbrance (Civil Case Study No.25 / Pdt.G / 2011 / PN.Tegal) is: Based on Government Regulation No. 24 of 1997 Article 45, which reads the Head of the Land Office reserves the right to delay on behind the object name that is being problematic of land ", as well as the attitude of prudence to avoid the risk in the future in order not to become a defendant in the case; Secondly, legal protection for the winner of the auction execution Encumbrance Land Office blocked the auction of objects is very weak, as in this case the winning bidder can not do anything but just wait until the court decision is completed; Third, auction Officials Responsibility for the blocking of the auction objects at the office of the Land does not exist at all.Keywords: Legal Protection, Winning Bidder, Execution Mortgage.

scholarly journals KAJIAN SOSIOLOGIS DALAM HUKUM KELUARGA ISLAM

Ijlil ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 196-215
Author(s):  
Syamsul Arifin
Keyword(s):  
Family Law ◽  
Point Of View ◽  
Sociological Research ◽  
Legal Research ◽  
Legal Studies ◽  
The Social ◽  
Social Theories ◽  
The Family ◽  
Islamic Family Law ◽  
Sociological Studies

Sociological studies in Islamic family law are an alternative to legal research, which is a legal research not only in the forms of existing rules, but also examines the law in the legal reality that occurs in society. Sociological studies become a different point of view, where Islamic family law research is very close to syara 'law, determining whether or not it is permissible according to syara'. Sociological research Sociological research can be a research explaining the phenomenon of Islamic family law studied with social theories. Moreover, the family is the smallest social structure in the social world. The study of legal practices in matters related to the Islamic family becomes legal studies not only in the form of normative doctrinal, but empirical non-doctrinal.

scholarly journals The Role of Family in Fulfilling the Right to Education During the Covid-19 Pandemic: A Socio-Legal Approach

2021 ◽  
Vol 10 (2) ◽  
pp. 228
Author(s):  
A.A. Istri Ari Atu Dewi ◽  
Putri Triari Dwijayanthi ◽  
Cokorde Istri Dian Laksmi Dewi
Keyword(s):  
Role Models ◽  
Research Method ◽  
Family Participation ◽  
Family Role ◽  
Legal Research ◽  
Right To Education ◽  
Online School ◽  
The Family ◽  
The Right

This paper aims to identify, analyze and elaborate on the role of the family in fulfilling the right to education during the Covid-19 pandemic as well as a model for family participation in fulfilling the right to education during the Covid-19 pandemic. This is a socio-legal research method or socio-legal research which examines the text and context with a statutory approach combined with the conditions in the community. The results show that online school is the best solution to guarantee the right to education as stipulated in Surat Edaran Nomor 15 of 2020 concerning Guidelines for Organizing Learning from Home in an Emergency for the Spread of Covid-19 and family role models in an effort to fulfill the right to education during the Covid-19 pandemic, which is in the form of awareness from parents or guardians to provide assistance during learning from home activities.

scholarly journals Cancellation of Deed of Sale and Purchase of Land Rights and Deed of Granting Mortgage Based on Court Decision

2021 ◽  
Vol 1 (1) ◽  
pp. 023-031
Author(s):  
Devendra Dovianda Priyono
Keyword(s):  
Data Analysis ◽  
Qualitative Analysis ◽  
Precautionary Principle ◽  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
Legal Research ◽  
The Precautionary Principle ◽  
Yogyakarta City

This study is entitled "Cancellation of Deed of Sale and Purchase of Land Rights and Mortgage Deed Based on Court Decision". The first of this research aims to find out how the precautionary principles applied by PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights and the second is to find out and analyze the basis of legal considerations used by judges in deciding cases of cancellation of PPAT Deeds. This type of research in legal research is empirical, using a case approach that is supported by interviewing informants. Data analysis in this legal research uses qualitative analysis. The resource persons in this legal research are PPAT in Yogyakarta City, Bantul Regency and Kulonprogo Regency. Based on the results of the first research, that PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights must apply the precautionary principle as regulated in Article 22 of Government Regulation Number 37 of 1998 that the PPAT Deed must be read / explained its contents to the parties by attended by at least 2 (two) witnesses before being signed immediately by the parties, witnesses and PPAT, PPAT is obliged to apply the prudential principle to avoid problems that arise and harm the parties and to prevent the PPAT Deed being canceled and becoming not legally enforceable. Second, the basis for legal considerations used by the judge to cancel the PPAT deed was because the buyer committed tort and abuse of circumstances against elderly sellers who were sick, lived alone and could not read and write and were lied to by the Buyer's words.

scholarly journals Pelaksanaan Wewenang Kantor Pertanahan Dalam Pendaftaran Tanah (Studi di Kecamatan Kuta Baro Kabupaten Aceh Besar)

2017 ◽  
Vol 1 (3) ◽  
pp. 150-163
Author(s):  
Fery Irwanda
Keyword(s):  
Judicial Review ◽  
Government Regulation ◽  
Court Decision ◽  
Land Registration ◽  
Legal Subject ◽  
The Supreme Court ◽  
The Law ◽  
The Government ◽  
The Right ◽  
The Impact

Pasal 3 PP 24 Tahun 1997 tentang Pendaftaran Tanah menyebutkan pendaftaran tanah bertujuan untuk memberikan kepastian hukum dan perlindungan hukum kepada pemegang hak atas suatu bidang tanah. Terbitnya  sertifikat Hak Milik atas tanah Jailani Yusuf cs yang merupakan objek sengketa, telah diputus berdasarkan Putusan Kasasi No.633 K/Pdt/2006. Permohonan pendaftaran hak yang diajukan oleh Abdullah Ibrahim dan Cut Ben Ibrahim ke Kantor Pertanahan Kabupaten Aceh Besar tanpa memberitahukan adanya Putusan Kasasi, sehingga melahirkan sertifikat yang subjek hukumnya tidak sesuai dengan Putusan Kasasi. Penelitian ini bertujuan, mengetahui pelaksanaan pendaftaran tanah yang melahirkan Sertifikat hak atas tanah yang subjek hukumnya tidak sesuai dengan Putusan Kasasi dan tanggung jawab Kantor Pertanahan atas  penerbitan sertifikat untuk atas pihak yang tidak berhak berdasarkan putusan pengadilan. Jenis Penelitian ini adalah penelitian yuridis empiris dengan meneliti keberlakuan hukum itu dalam kenyataan atau dalam masyarakat. Hasil penelitian menunjukan bahwa dalam pelaksanaan Pendaftaran tanah yang melahirkan Sertifikat No.11, 12 dan 21, 22, 23/2015 terdapat cacat hukum administratif yang disebabkan kesalahan subyek dan/atau obyek hak, karena di atas tanah yang diterbitkan sertifikat telah ada Putusan Kasasi. Akibatnya pihak yang mendaftarkan tanah bertanggung jawab secara hukum dan Kantor Pertanahan bertanggung jawab secara administratif.Article 3 of the Government Regulation Number 24, 1997 on Land Registration states that a land registration aiming to provide law certainty and law protection on land right holder over the land. The issuance on of the land certificate of Jailani Yusuf et.al is a dispute object; it has been decided based on Judicial Review Number 633 K/Pdt/2006. The application on the right registration that is proposed by Abdullah Ibrahim and Cut Ben Ibrahim to Land Authority Office of Aceh Besar without providing the review, hence it results in certificate issuance that the law subject is not based on the decision. This research aims to know the implementation of land registration in the making process of certificate that its legal subject is not based on the court decision, responsibility of land office of the change of certificate issuance for party that is no having right based on the court decision. This is juridical empirical research by exploring the law application into society. The research shows that in the implementation of land registration in making process of Certificates Numbers: 11, 12 and 21, 22, 23/2015 has administrative law lack caused by subject fault and/or object of right, as on the land certificate issued has been reviewed by the Supreme Court. The impact on parties registering their land is legally responsible and the Land Authority Office is administrative legally responsible.

scholarly journals Chemical Castration Sanctions for Perpetrators of Child Sexual Violence in the Frame of Islamic Criminal Law

Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 135
Author(s):  
Rachmadani Rachmadani ◽  
Sarwo Zulfahmi Muhammad Daming
Keyword(s):  
Data Collection ◽  
Sexual Violence ◽  
Criminal Law ◽  
Government Regulation ◽  
Sexual Disorders ◽  
Sexual Crimes ◽  
Applicable Law ◽  
Violence Against Children ◽  
The Right

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.

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