Pemidanaan bagi Pelaku Tindak Pidana Perkosaan terhadap Penyandang Disabilitas

Persons with disabilities refer to people who have physical, intellectual, mental, or sensory deficiencies so that in living their lives they find hindrances, as an opposite to normal people. Oftentimes the persons with disabilities receive poor treatment in society, be it discriminatory treatment or criminal acts, one of which is rape. Unfortunately, criminal sanctions for perpetrators of rape against persons with disabilities in Indonesia have not been explicitly regulated. Grounded with this phenomenon, this study examines the legal protection for persons with disabilities as victims of the criminal act of rape and sanctions for the perpetrators of the said criminal acts. To achieve these goals, this study was conducted using a normative legal research method with a conceptual approach and a case approach. Legal protection for persons with disabilities is contained in Article 3 and Article 5 Paragraph (2) of Law Number 8 of 2016 which regulates the rights and legal protection for persons with disabilities as victims of criminal acts. Protection for the rape victims takes the form of restitution and rehabilitation assistance. Sanctions for the perpetrators of the criminal act of rape against persons with disabilities have not been regulated strictly. In the Criminal Code, the criminal acts of rape are regulated in general sphere that is in Articles 285, 286, 287, 288. Thus, the legal protection for persons with disabilities aims to safeguard and maintain the persons with disabilities from the criminal acts of rape. In the Cassation Decision Number 736K/PID/2013 PN Cn, the sanction for perpetrators of rape against persons with disabilities is the imposition of sanctions in the provisions of Article 285 of the Criminal Code.

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Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan oleh Anak

Jurnal Preferensi Hukum ◽

10.22225/jph.1.1.2009.207-213 ◽

2020 ◽

Vol 1 (1) ◽

pp. 207-213

Author(s):

Ida Bagus Agung Pariama Manuaba ◽

I Nyoman Sujana ◽

Ni Made Sukaryati Karma

Keyword(s):

Research Method ◽

Criminal Code ◽

Legal Research ◽

Conceptual Approach ◽

Criminal Sanctions

Judge's considerations are matters which are the basis or are considered by the judge in deciding a crime case. Crime Theft is an act that is classified as a general crime in which a crime against the property of another person. Theft with weighting is a criminal act of theft which in its implementation is accompanied by certain elements so that it is more severe and threatened with higher penalties. Child is a person who is not yet eighteen (18) years old, including those who are still in the womb. In settling a child case, the judge must consider the report in the trial regarding the child concerned. This study aims to determine the criminal considerations and sanctions imposed by the judge on criminal theft with weighting carried out by children. This study uses a normative legal research method with a statutory approach, conceptual approach and case approach. The legal materials studied are primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate the judge's judgment in imposing a crime against a child who commits a crime of theft by weighting it based on the elements of the crime committed as well as things that alleviate and incriminate the crime against the child. Criminal sanctions imposed by a judge against a child who commits an act of theft by weighting based on the Court's Decision and the provisions of Article 363 paragraph (1) of the 4th KtoP Jungto Article 65 paragraph (1) of the Criminal Code and other laws relating to the case state that the child is proven legally and convincingly guilty as well as convicting a child of seven months in prison.

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Perlindungan Hukum Terhadap Pemegang Merek Clothing

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.2.3448.397-402 ◽

2021 ◽

Vol 2 (2) ◽

pp. 397-402

Author(s):

I Made Agus Angga Kusuma Putra ◽

Anak Agung Istri Agung ◽

Desak Gde Dwi Arini

Keyword(s):

Intellectual Property ◽

Business Ethics ◽

Intellectual Property Rights ◽

Legal Protection ◽

Criminal Code ◽

Prison Sentence ◽

Legal Research ◽

Criminal Sanctions ◽

One Year ◽

Legal Consequences

Trademarks are one of the most disputed intellectual property rights. The number of brand counterfeiting events conducted to gain profit by shortcuts, namely by violating business ethics, norms, and laws certainly do not make trade good and worsen the image as a violation of IPR. The purposes of this research are to examine the form of legal protection against registered clothing brand holders and to analyze the legal consequences for businesses that market clothing brands without a license? This research uses normative legal research methods by using statutory approach. Law No. 20 of 2016 and Law No. 5 of 1999 source to know criminal sanctions and also civil sanctions against businesses that use the brand without a permit. The results of this study show a form of legal protection against registered brand holders in the form of exclusive rights granted by the state to registered brand owners. Legal consequences for businesses that market brands without a license can be penalized as follows, in article 382bis criminal code can also be penalized i.e. material acts are threatened with a maximum prison sentence of one year and a fine as high as nine hundred million rupiah.

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Eksploitasi Anak Sebagai Pedagang Asongan ditinjau dari UU Perlindungan Anak pada Masa Pandemi Covid-19

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.3.4175.667-672 ◽

2021 ◽

Vol 2 (3) ◽

pp. 667-672

Author(s):

Cipta PutraI Ketut Wira Cipta Putra ◽

Anak Agung Sagung Laksmi Dewi ◽

Ni Made Sukaryati Karma

Keyword(s):

Child Protection ◽

Research Method ◽

Criminal Code ◽

Legal Research ◽

Conceptual Approach ◽

Legal Intervention ◽

Criminal Sanctions ◽

Recording Method ◽

Child Exploitation

Legal arrangements for child exploitation during the Covid-19 pandemic have not yet been included in the Criminal Code (KUHP). So that parents who employ their children as hawkers are still free from legal snares and can easily justify economically. This study aims to examine the legal arrangements for perpetrators of criminal acts of child exploitation as hawkers and reveal criminal sanctions for perpetrators of acts of exploitation of children as hawkers during the Covid-19 pandemic. This research method uses normative legal research by applying a conceptual approach and legislation. The data used are primary, secondary and tertiary legal data obtained by the recording method. After the data has been collected, the next step is to process and analyze it in a systematic way with legal intervention. The results of the study show that legal arrangements for perpetrators of criminal acts of exploitation of children during the Covid-19 pandemic, one of which is child exploitation, are not specifically regulated in Article 13 of Law no. 35 of 2014 amendments to Law no. 23 of 2002 concerning Child Protection. Therefore, in this case there is a void of norms, but the crime of child exploitation based on the provisions of Article 103 of the Criminal Code states that crimes against children are a special crime. Related to criminal sanctions, they are sentenced to a maximum imprisonment of ten years or a maximum fine of Rp. 200,000,000.00 (two hundred million rupiah

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Tinjauan Yuridis Terhadap Tindak Pidana Pemalsuan Uang Kertas Rupiah di Indonesia

Jurnal Preferensi Hukum ◽

10.22225/jph.2.3.3978.442-446 ◽

2021 ◽

Vol 2 (3) ◽

pp. 442-446

Author(s):

Dinda Dian Pratiwi ◽

I Nyoman Gede Sugiartha ◽

Luh Putu Suryani

Keyword(s):

Science And Technology ◽

Criminal Code ◽

Legal Research ◽

Conceptual Approach ◽

Literature Research ◽

Criminal Sanctions ◽

Legal Arguments ◽

The Law

Humans need money to be able to meet their needs. Money has a very important role, this causes some people to try to have money in a way that is against the law. With the help of science and technology, it can make it easier for humans to do counterfeiting rupiah banknotes. The purpose of this research is to reveal the regulation of the criminal act of counterfeiting rupiah banknotes in Indonesia and criminal sanctions against the criminal act of counterfeiting rupiah banknotes in Indonesia. The type of research is normative legal research with a conceptual approach that is outlined descriptively with legal arguments. The collection of legal materials is done by means of a literature research. Sources of data used are primary, secondary and tertiary sources of legal material and analyzed systematically. The results of the research reveal that the regulation of criminal acts of counterfeiting rupiah banknotes in Indonesia is regulated in Article 11 of Law Number 7 of 2011 concerning Currency concerning Bank Indonesia is an institution authorized to manage rupiah currency and Article 26 paragraph (1) of Law Number 7 The year 2011 concerning Currency regulates the prohibition against counterfeiting rupiah currency. In addition, it is regulated in Article 244 of the Criminal Code which prohibits criminal acts of counterfeiting money, if violated, sanctions will be imposed according to applicable regulations. Criminal sanctions for counterfeiting rupiah banknotes in Indonesia are contained in Article 36 paragraph (1) of Law Number 7 of 2011 concerning Currency and Article 244 of the Criminal Code

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Sanksi Pidana terhadap Anak yang Melakukan Tindak Pidana Aborsi

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.1.2209.191-195 ◽

2020 ◽

Vol 1 (1) ◽

pp. 191-195

Author(s):

Ni Luh Putu Hinduswari ◽

A A Sagung Laksmi Dewi ◽

Ni Made Sukariyati Karma

Keyword(s):

Maternal Death ◽

Legal Protection ◽

Secondary Data ◽

Criminal Code ◽

Court Decision ◽

Criminal Sanction ◽

Legal Research ◽

Criminal Sanctions ◽

Work Training ◽

The Government

Abortion is a health problem for the community, especially women because it has an impact on maternal death or the end of pregnancy with a fetus removed from the womb. The main cause of death of pregnant women and childbirth is bleeding and infection. Every human wants the law to be enforced to be more effective not only in the form of order. One example of the cases is in Court Decision Number 5 / Pid.Sus-Anak/2018/PN.Mbnd and legal protection for children that must be upheld. The formulation of the problem raised were how criminal sanctions against children who commit abortion and how legal protection for children who commit abortion is. This study used normative legal research that is in the study of systematically processing library materials. This research was conducted using secondary data obtained from primary material by analyzing the laws and regulations relating to the title of this journal.Thus, conclusions can be drawn that criminal sanctions against children who commit criminal acts of abortion are regulated in the Criminal Code, and Court Decision Number 5 / Pid.Sus-Anak / 2018 / PN.Mbn imposed Criminal Sanction namely imprisonment for 6 (six) months and work training for 3 (three) months against the defendant in accordance with the provisions of article 77 A paragraph (1) jo, and legal protection is regulated in Law No. 36 of 2009 concerning Health. In addition, there must be efforts from the government and the community and parents to prevent the occurrence of cases of abortion among teenagers.

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Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual

Jurnal Preferensi Hukum ◽

10.22225/jph.2.2.3338.359-364 ◽

2021 ◽

Vol 2 (2) ◽

pp. 359-364

Author(s):

Nadila Purnama Sari ◽

Anak Agung Sagung Laksmi Dewi ◽

Luh Putu Suryani

Keyword(s):

Sexual Violence ◽

Child Protection ◽

Children With Disabilities ◽

Legal Protection ◽

Criminal Code ◽

Criminal Cases ◽

Persons With Disabilities ◽

Violence Against Children ◽

Criminal Sanctions ◽

Positive Law

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

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Tindak Pidana Pengguguran Kandungan Oleh Korban Perkosaan dalam Pembaharuan Hukum Pidana Indonesia

Jurnal Konstruksi Hukum ◽

10.22225/jkh.2.1.2983.138-143 ◽

2021 ◽

Vol 2 (1) ◽

pp. 138-143

Author(s):

KADEK JIYOTI MAHAYANA ◽

I Nyoman Putu Budiartha ◽

I Made Minggu Widyantara

Keyword(s):

Criminal Law ◽

Legal Protection ◽

Psychological Trauma ◽

Criminal Code ◽

Rape Victims ◽

Conceptual Approach ◽

Psychological Condition

Abortion is a very contradictory problem, of course there are also those who support and those who oppose abortion, which often affects women who experience pregnancy as a result of rape, because women who are aborted who abort abortion also need attention to their psychological condition that is traumatized regarding events that have happened to him. As for the problems faced, namely: Protection in the Criminal Code against victims of rape who had an abortion? And How does the crime of miscarriage by the victim due to rape in the renewal of the Criminal Law Act? The type of research used is normative research and conceptual approach. Where in the results of this study it can be seen that the legal protection of rape victims who have aborted content in the Criminal Code has been neglected by clearly prohibiting all abortion activities either at the request of the woman herself or with the help of others described in Article 346 to Article 349 of the Criminal Code but there are exceptions where women who are victims of rape who have had an abortion which can cause psychological trauma whose arrangements are set out in law no. 36 of 2009 Article 75 paragraph (2). In the Renewal of Criminal Law Regulations on abortion are regulated in the Criminal Code 2019 of Chapter XXI included in the Criminal Acts against Lives Part Two concerning Abortion of Article 470 to Article 472 RUUKUHP 2019.

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Perlindungan Hukum terhadap Pencipta Musik sebagai Suara Latar di Youtube

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.1.2220.77-82 ◽

2020 ◽

Vol 1 (1) ◽

pp. 77-82

Author(s):

Komang Ariadarma Suputra ◽

Ida Ayu Putu Widiati ◽

Ni Made Sukaryati Karma

Keyword(s):

Social Media ◽

Research Method ◽

Legal Protection ◽

Economic Benefits ◽

Legal Research ◽

Criminal Sanctions ◽

Article 9 ◽

Article 5 ◽

Exclusive Right

The use of music as video background sound is currently rife on social media Youtube. This is inseparable from the moral and economic benefits that users get through the features offered by Youtube. Therefore, as a state of law, Indonesia should appropriately provide legal protection for Music Creators whose works are used. The purpose of this study is to analyze the legal protection of music creators as a background voice on Youtube and find out the sanctions imposed on Youtube channels that commit copyright infringement. The research method used is normative legal research with statutory and conceptual approaches. The results showed that music is the result of human expression that has an element of beauty in it. Thus, the need for legal protection is given to the Creator. Legal protection is preventive, namely the formulation of the exclusive right of a Music Creator to Article 5 and Article 9 of Law no. 28 of 2014 concerning Copyright and repressively, the Music Creator can fight for his rights that have been violated through the courts and outside the court. As for the sanctions against violations of music copyright as the background sound of videos on Youtube, namely sanctions in the form of compensation for damages that have been caused as stipulated in Article 99 of Law No. 28 of 2014 concerning Copyright. Criminal sanctions are regulated in Article 113 paragraph (4) of Law no. 28 of 2014 concerning Copyright in the form of a maximum imprisonment of 10 years and / or a maximum fine of Rp. 4,000,000,000.00

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Akibat Hukum serta Sanksi Pemalsuan yang Dilakukan Notaris Kepada Penghadap Ketika Pembuatan Akta Otentik

Acta Comitas ◽

10.24843/ac.2021.v06.i02.p03 ◽

2021 ◽

Vol 6 (02) ◽

pp. 248

Author(s):

Ni Made Lalita Sri Devi ◽

I Ketut Westra

Keyword(s):

Code Of Ethics ◽

Civil Law ◽

Legal Protection ◽

Criminal Code ◽

District Court ◽

Research Approach ◽

Conceptual Approach ◽

Criminal Sanctions ◽

Administrative Sanction

Abstract This study was intended to give an understanding regarding Notary responsibility arrangements of the Notary who commits violation in carrying out the position as well as provides legal protection that is obtained by the party against the data falsification by a Notary. The research of this normative law examined the norm that happens, such as a norm vacuum that does not regulate criminal sanctions in Laws of Notary. This research contained several sources, such as premier, secondary, and tertiary laws. Furthermore, the research approach was done by the conceptual approach that analyzes the concept of organizing violations by the notary. The result of this research was the Notary deed can be requested for the deed to be annulled based on the legally binding decisions determined by the District Court, then, the Notary Deed can be disqualified and can be avowed as the non-binding deed for the parties who made it. The sanctions of the Notary who falsified the data in making the authentic deed are, administrative sanction or the notary code of ethics, the sanction based on The Civil Law Code, and the sanction based on Criminal Code. The Notary can also be sued for compensation if the violation that is done by the notary causes a deed becomes an inauthentic deed and be relegated to the deed for who made it. This is the protection that can be given to the party if a Notary does not carry out the duties and obligations. Abstrak Tujuan penulisan ialah memberikan pemahaman terkait pengaturan ”tanggung jawab Notaris yang melakukan pelanggaran dalam menjalankan jabatannya serta” memberikan perlindungan hukum yang diperoleh penghadap atas pemalsuan data yang dilakukan Notaris. Penelitian hukum normatif ini menelaah persoalan norma yang terjadi yaitu suatu kekosongan norma tidak diaturnya mengenai sanksi pidana dalam UUJN. Penelitian ini memuat sumber-sumber yaitu hukum bahan hukum primer, sekunder serta tersier. Selanjutnya, pendekatan penelitian dilakukan melalui pendekatan konseptual yang menganalisa konsep penyelenggaraan pelanggaran oleh Notaris. Hasil penulisan menunjukkan akta Notaris dapat dimintakan untuk akta dibatalkan, berdasarkan keputusan yang sudah berkuatan hukum tetap yang ditetapkan oleh pengadilan negeri tersebut maka akta Notaris dapat dibatalkan dan dinyatakan sebagai akta yang tidak mengikat bagi para pihak yang membuatnya. Adapun sanksi bagi Notaris yang melakukan pemalsuan data dalam pembuatan akta otentik ialah sanksi administratif atau Kode Etik Notaris, sanksi menurut hukum KUH Perdata, sanksi menurut KUH Pidana. Notaris juga dapat digugat ganti rugi apabila pelanggaran atau kesalahan yang dilakukan Notaris mengakibatkan suatu akta menjadi tidak otentik dan terdegradasi menjadi akta di bawah tangan. Inilah bentuk perlindungan yang diberikan kepada penghadap jika seseorang Notaris tidak melaksanakan tugas dan kewajibannya.

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Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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