scholarly journals Tinjauan Yuridis Terhadap Pelaku Penelantaran Anak Berdasarkan Undang-undang Perlindungan Anak

2021 ◽  
Vol 2 (3) ◽  
pp. 542-546
Author(s):  
I Putu Gede Fajar Riski Andika ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani

Child neglect is a phenomenon that often occurs in society which means that adults fail to take responsibility for providing various needs or adequate needs for the child. This can be seen from the needs such as clothing, food, shelter, education to the health of the child himself. This study aims to examine the legal protection of children who are victims of neglect and uncover criminal sanctions against perpetrators of neglect of children. This study uses a normative method considering that there is still a lack of legal norms, with a legislative approach. The data sources used are primary and secondary data obtained through library or recording techniques. After the data is collected, it is then processed descriptively qualitatively. Legal protection for neglected children is a right for every citizen, especially children, which can be divided into preventive and repressive protection. Law Number 35 of 2014, regulates various matters relating to the protection of children about what is prohibited until the sanctions in Article 76B contain that all forms of exploitation such as neglect and involving children in bad or wrong conditions can be subject to the threat of punishment as stated in Article 77B sentenced to imprisonment for 5 years or a fine of up to IDR 100,000,000.

2020 ◽  
Vol 5 (1) ◽  
pp. 15-20
Author(s):  
Esa Arung Syuhada

Article 34 paragraph 1 of the 1945 Constitution states that "the poor and neglected children are maintained by the state. The research method uses normative law, specifications of descriptive analytical research, primary data sources and additional data sources, primary data collection methods and secondary data sources, the method of presenting data is descriptive analytical, data analysis methods of legal material analysis techniques using content analysis.Research results show that the factors that cause the emergence of street children in the Kendal area are economic factors, unemployment, low parent income. The efforts of Kendal District Social Service in handling street children formally and non-formally in Kendal are Preventive Efforts, Repressive Efforts, Rehabilitation Efforts. Legal protection for street children who commit criminal acts committed by street children in the Kendal area, handling is done through open houses. To provide alternatives other than open houses, other forms of opportunity use criminal sanctions as a last resort. street children who do the shopping on the road can be arrested. Then it is accommodated and then given a kind of action (maatregel) with the judge's decision entered into a special penitentiary or rehabilitation institution


2021 ◽  
Vol 2 (2) ◽  
pp. 322-327
Author(s):  
Fitri Wahyuni ◽  
Aris Irawan ◽  
Siti Rahmah

Currently, the phenomenon of children sexual abuse is a crime that is very distressing to society. It shows that children sexual abuse is an iceberg phenomenon that must be prevented so that children are no longer victims of sexual harassment by the responsible party. This research used normative legal as research methods. The data sources in the form of secondary data including primary, secondary and tertiary legal materials. Meanwhile, the data analysis used is in the form of qualitative analysis and deductive conclusion. From the results of this research, it was concluded that the protection efforts had been made through the regulation of laws and penal efforts both in the Criminal Code and the children protecting laws by providing criminal sanctions for sexual offenders. However, these efforts were not sufficient and they must be carried out through non-penal efforts by providing sex education from an early age and teaching religious values. 


2021 ◽  
Vol 2 (2) ◽  
pp. 281-286
Author(s):  
I Made Aswin Ksamawantara ◽  
Johannes Ibrahim Kosasih ◽  
I Made Minggu Widyantara

The phenomenon of Foreign Exchange (Forex) that runs in the investment sector and can help the development of Indonesia. Currently forex is a trend that is endemic and attracts the attention of many parties, both investors and the public in general. Foreign exchange or forex is a type of trade or transaction that trades the currency of a country against the currencies of other countries involving the main money markets in the world for 24 hours continuously, so in this case a legal protection is needed. The purpose of this research is to analyze legal protection in Forex transactions and legal sanctions imposed by the government on illegal Forex broker activities. This research uses a normative method that with a statutory approach. Sources of data used are primary data sources and secondary data sources. After primary legal data and secondary legal data are collected, the data will then be processed and analyzed using systematic legal data processing methods. The results showed that the alleged fraudulent investment fraud case under the guise of forex trading involved illegal brokers from the Guardian Capital Group (GCG) Asia, which harmed consumers. In line with that, the government issued a legal rule, namely Law No.8 of 1999 concerning Consumer Protection. The Consumer Protection Law that has been set by the government is the legal basis that is accurate and full of optimism in protecting consumer rights.


2017 ◽  
Vol 1 (1) ◽  
pp. 81
Author(s):  
Muhammad Erwin Munthe

Abstract Constitution mandates that the national economy should be run by promoting people's welfare. This study intends to analyze the mechanisms and criteria for state intervention in order to provide legal protection to consumers and other businesseman in creating healthy business competition. This study uses doctrinal method research in the form of evaluative research. The approach which is used is the approach of legislation with secondary data sources in the form of primary, secondary and tertiary legal materials. From the discussion and showed that the mechanism of state intervention is likethe delimitation of the price tolerance 10 % for rice, granting subsidies (BLT), market operations, tariff Arrangement of Impor Tax, Price Determination of Government Purchase (HPP), Restrictions of food exports. While the criteria for state intervention is the production branches which are important for the country and dominate the life of many people, the production branches are arranged legislation, organized by the state or body or institution established or designated by the government.AbstrakUndang-Undang Dasar 1945 mengamanatkan bahwa perekonomian nasional harus dijalankan dengan mengedepankan kesejahteraan rakyat. Penelitian ini bertujuan untuk menganalisis mekanisme dan kriteria intervensi negaradalam rangka memberikan perlindungan hukum kepada konsumen dan pelaku usaha lainnya dalam mewujudkan persaingan usaha sehat. Penelitian ini menggunakan metode penelitian doktrinal dalam bentuk penelitian evaluatif. Pendekatan yang digunakan adalah pendekatan perundang-undangan dengan sumber data sekunder berupa bahan hukum primer, sekunder dan tersier. Dari hasil pembahasan dan penelitian diperoleh bahwa mekanisme inrevensi harga adalahseperti penetapan batas toleransi harga 10% untuk beras, Pemberian Subsidi (Harga/BLT), Operasi Pasar, Pengaturan Tarif Bea Masuk Impor, Penetapan Harga Pembelian Pemerintah (HPP), Pembatasan Ekspor Pangan. Sedangkan kriteria intervensi negara yaitu pada cabang-cabang produksi yang penting bagi negara dan menguasai hajat hidup orang banyak, cabang-cabang produksi tersebut diatur undang-undang, diselenggarakan oleh BUMN atau badan atau lembaga yang dibentuk atau ditunjuk oleh pemerintah.


2020 ◽  
Vol 22 (1) ◽  
pp. 25-48
Author(s):  
Sri Walny Rahayu ◽  
Widiya Fitrianda

Lagu-lagu tradisional Aceh merupakan bagian rezim hak cipta dan termasuk dalam ekspresi budaya tradisional masyarakat Aceh, kekayaan dan identitas bangsa. Untuk memajukan lagu-lagu tradisonal sebagai bagian kebudayaan Aceh, diperlukan langkah strategis melalui perlin-dungan, pengembangan, pemanfaatan, pembinaan untuk mewu-judkan masyarakat Aceh yang berdaulat secara politik, berdikari secara ekonomi, dan berkepribadian dalam Kebudayaan. Hal lainnya, lagu-lagu tradisional Aceh merupakan hak milik yang dapat beralih melalui warisan. Dalam praktiknya ahli waris pencipta lagu-lagu Aceh tidak memahami dan belum mendapatkan hak ekonominya  sebagai-mana diatur dalam Pasal 16 ayat (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Budaya masyarakat komunal berbeda pandang dengan filosofi konsep hak kekayaan Intelektual, bersifat eksklusif monopoli, dan lemahnya implementasi penegakan hukum hak cipta merupakan persoalan yang harus mendapat perhatian pemerintah di Aceh dalam melestarikan budaya tradisonalnya. Tujuan penulisan menjelaskan perlindungan hukum terhadap lagu tradisional Aceh yang merupakan ekspresi budaya tradisional, menjelaskan perlindungan kepada ahli waris pencipta lagu Aceh melalui warisan menurut Undang-Undang Hak Cipta, Kitab Undang-undang Hukum Perdata, dan Hukum Islam menjelaskan kendala pengalihan pencipta hak ekonomi lagu-lagu tradisional Aceh melalui warisan. Jenis penelitian ini menggunakan data sekunder sebagai data utama, atau yang disebut penelitian yuridis normatif yang menguji norma hukum sebagai objek penelitian. Pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan hukum komparatif. Tulisannya disajikan dalam bentuk analisis deskriptif. Aceh Traditional Cultural Expression and Its Inheritance Model Traditional Acehnese songs which are part of the copyright regimes are one part of the expression of traditional Acehnese culture, wealth and national identity. The promotion of Acehnese culture through traditional songs requires a strategic step through protection, development, utilization, and coaching to realize an Acehnese society that is politically sovereign, economically independent, and has a personality in culture. Other things Traditional Aceh songs are property rights that can be transferred through inheritance. In practice the heirs of Acehnese songs creators do not understand and obtain economic rights from the commercial use of Acehnese songs as stipulated in Article 16 paragraph (2) of Law Number 28 of 2014 concerning Copyright. The communal society's culture is different from the philosophy of the concept of intellectual property rights that is exclusively monopoly and the weak implementation of copyright law enforcement is an issue that must be gotten the attention of the government, especially in Aceh to preserve the traditional Acehnese culture which is the expression of its people. The purpose of writing is to explain the legal protection of traditional Acehnese songs which are expressions of Acehnese cultural identity, explain the protection to the heirs of the creators of Aceh songs through inheritance according to the 2014 UUHC, the Civil Code and Islamic Law and explain what constitutes obstacles to the transfer of rights economic creator of traditional Acehnese songs through inheritance. This type of research uses secondary data as the main data, or so-called normative juridical research that tests legal norms as the object of research. The approach used is the conceptual approach and comparative legal approach. This writing is presented in the form of descriptive analysis.


2021 ◽  
Vol 4 (2) ◽  
pp. 193-203
Author(s):  
Riska Natagina Putri ◽  
Siti Nurul Intan Sari Dalimunthe

This study aims to find out the legal position of the couriers in online shopping activities, especially in the payment method of COD (Cash on Delivery); the legal protection that can be given to the COD couriers; and the legal protection for the couriers who encounter buyers who default and refuse the goods they ordered. The method used in this research is the normative juridical method by examining library materials or secondary data sources, namely laws and regulations, books, and legal studies. Based on this method, the research was conducted using a statutory approach and a case approach. The results show that the legal position of the couriers in the online shopping with COD method of payment is as a recipient of a deposit, as a person who represents a freight forwarder in carrying out the power of attorney from the seller, and as a recipient of payment from the buyer. The legal protection that can be given to the couriers is ensuring that the couriers are not responsible for any discrepancy or damage to goods that are not caused by his mistake or negligence.


Authentica ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 54-74
Author(s):  
Yulia Yulia Widiastuti

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT


2017 ◽  
Vol 6 (2) ◽  
pp. 173
Author(s):  
Muhammad Ridwansyah

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah


2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Basri Basri

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity


2021 ◽  
Vol 2 (3) ◽  
pp. 616-621
Author(s):  
Ida Bagus Gede Krismantara Manuaba ◽  
Anak Agung Sagung Laksmi Dewim ◽  
Ni Made Puspasutari Ujianti

Cooperatives as pillars of the national economy are not only expected to be equal to other economic actors, namely BUMN and private sectors but also have a greater role in running an economy characterized by democracy. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. Legal protection is all forms of efforts to protect human dignity and human rights in the field of law. APS is the designation given to the grouping of dispute resolution through the process of negotiation, mediation, conciliation, and expert rights. This study aimed to examine the legal protections for the parties in the event of a default in the Danu Artha Cooperative and reveal how to resolve the parties who enter into an agreement if there is a default in the Danu Artha Cooperative. This study was designed using empirical research with a sociological approach, regulations, conceptual problems, and cases. The data sources used were primary and secondary data. The results of the study revealed that legal protection in the agreement in cooperatives is important and is the basis for cooperatives in running the cooperative business, and dispute resolution against parties who default is carried out through non-litigation and litigation channels. The non-litigation route did not find a common ground so that the dispute was brought and resolved at the State Receivables and Auctions Agency.


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