scholarly journals Perlindungan Hukum Terhadap Anak Korban Eksploitasi Seksual Berdasarkan Hukum Islam

2021 ◽  
Vol 2 (3) ◽  
pp. 628-633
Author(s):  
A. A Mas Stela Kurtika adi ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukuryati Karma
Keyword(s):  
Natural Resources ◽  
Islamic Law ◽  
Sexual Exploitation ◽  
Social Conditions ◽  
Crimes Against Humanity ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Legal Method ◽  
Child Exploitation

A good nation's children are a reflection of good quality, so they need to be protected to get the authority to grow, develop, and obtain a prosperous life. But at this time the protection and welfare of children is still lacking, one of which is the issue of sexual exploitation of children so that it becomes a category of crimes against humanity that must be avoided and destroyed. The purpose of this study is to discuss the legal arrangements for child exploitation contained in Islamic law and criminal sanctions against perpetrators of child exploitation according to Islamic law. The method used is a normative legal method with a statutory and conceptual approach to problems. The results of the discussion state that exploitation is a form of effort carried out to carry out a deepening of the capacity contained in an object, whether it is in the form of natural resources or otherwise, in terms of the relevance of a group/many of people, the factors that cause exploitation of children, namely poverty, effects of social conditions, motivation workers to families. Criminal sanctions for exploitation of children are in Law number 35 of 2014 Article 14 paragraph (1), Article 81 paragraph (1) and Article 82.

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

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

scholarly journals Perlindungan Hukum terhadap Korban dalam Tindak Pidana Eksploitasi Seksual Anak (Studi Kasus Putusan Nomor 535/Pid.Sus/2019/PN Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 1-5
Author(s):  
Ade Satriasa Maha Putra ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Protection ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Government ◽  
New Research ◽  
Legal Subjects ◽  
Research Type

We must be aware of cases of crimes of sexual exploitation, especially in children, it is not enough if parents only but the government, society and the Indonesian Child Protection Commission must take a role in maintaining the continuity and protection of children. This new research aims to determine the legal protection of victims in criminal acts of sexual exploitation of children. This research type is normative research with a statutory approach and a conceptual approach. Legal materials consist of primary and secondary, then analyzed systematically. The results showed that legal protection for children from victims of sexual exploitation was given to legal subjects that had preventive or repressive characteristics. Furthermore, legal safeguards are essential to provide justice, order, certainty, benefit. The criminal sanctions given to the perpetrators of a criminal offense, namely for imprisonment for 7 (seven) years, reduced while the defendant is in detention and the penalty will be subject to a fine of IDR. 100,000,000 (one hundred million rupiah).

scholarly journals Review of Law Enforcement against Illegal Fishing in Indonesia's Exclusive Economic Zone

2021 ◽  
Author(s):  
Akhmad Khisni ◽  
Maghdalena Febriani
Keyword(s):  
Law Enforcement ◽  
Exclusive Economic Zone ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Illegal Fishing ◽  
Legal Method ◽  
Economic Zone ◽  
The Law

This article discusses the law enforcement against illegal fishing by foreign-flagged vessels in Indonesia’s exclusive economic zone. Because the criminal sanctions in the form of fines are very low and there is no threat of imprisonment, the current laws carry little weight with illegal fishermen. This study makes the case for increasing the fines substantially to act as a deterrent. Using the established legal method (involving a statute approach and a conceptual approach), this study makes the case for increasing the fines substantially to act as a deterrent. Keywords: Criminal, Sanctions, Illegal Fishing

Content Analysis (Analisis Isi) terhadap Peraturan Daerah Bernuansa Syariat Islam di Kabupaten Banyumas

2019 ◽  
Vol 1 (2) ◽  
pp. 121
Author(s):  
Dody Nur Andriyan
Keyword(s):  
Disease Management ◽  
Public Interest ◽  
Islamic Law ◽  
Alcoholic Beverages ◽  
Public Issues ◽  
Criminal Sanctions ◽  
Qualitative Descriptive ◽  
Administrative Sanctions ◽  
And Control ◽  
The Relationship

Regional Regulation (Perda) which regulates public issues such as prostitution, alcoholic beverages, gambling, and the relationship between men and women turns out to be identified as a Regional Regulation with nuances of Islamic law. in Banyumas Regency there is a Regional Regulation which if used by the identification of Arfiansyah above, it can be referred to as a Regional Regulation with nuances of Islamic law. The regulation is: Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. This research has two formulations of the first problem related to the results of the content of the analysis on the Perda that are nuanced by Islamic law in Banyumas Regency. Both of the results of the analysis content on the Regional Regulations that are nuanced by Islamic law in Banyumas Regency are not contrary to Law-Invitation Number 12 of 2011? This research is a qualitative-descriptive study. The research method used is normative juridical. The main source of data is the Banyumas District Regulation Number 15 of 2014 concerning Control, Supervision and Control of Circulation of Alcoholic Beverages and Regional Regulations of Banyumas Regency Number 16 of 2015 concerning Community Disease Management. Interviews were also conducted with resource persons. Furthermore, the results of the analysis were carried out. Regional Regulation No. 15 of 2014 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 15 of 2014 as a Regional Regulation with nuances of Islamic law is not true. Regional Regulation No. 16 of 2015 is actually a Regional Regulation that has a broad purpose of public interest, for the nation and state. So that the claim that Perda No 16 of 2015 as a Regional Regulation with nuances of Islamic law is not true. Both of these Perda (Perda No 15 of 2014 and Perda No. 16 of 2015) are not in conflict with Law No. 12 of 2011 concerning the Establishment of Legislation. Both in terms of content, principles, goals, arrangements, administrative sanctions and criminal sanctions. Formally and procedurally the two Perda are in accordance with Law Number 12 of 2011

scholarly journals Criminal Force: Review of Islamic Law in Contemporary Context

Fahm-i-Islam ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 19-38
Author(s):  
Dr. Zainab Ameen ◽  
Sana Zia
Keyword(s):  
Human Body ◽  
Islamic Law ◽  
Human Life ◽  
Crimes Against Humanity ◽  
Human Beings ◽  
Contemporary Context

Like the limits of crime, crimes against human life and body are also very dangerous in terms of their effects, so the Qur'an has fixed their punishment for them. Islamic law has set specific punishments for it, and it does not allow any kind of crime to be reduced. These crimes have schakled the very basis of society and they have to be dealt with severely. The basic elements of society are the need to protect the structures on which the lives and deaths of society depend. These crimes can be basically divided into two types: 1.Crimes against human beings (e.g. murder) 2.Crimes against the human body. There is a long way to go around, and in the meantime, this kind of research is needed, the seriousness of which is far greater than the rest of researches. This article examined the crimes against humanity in the light of Islamic law.

scholarly journals The Relation of Gender and Feminism in Islamic Jurisprudence

2020 ◽  
Vol 5 (2) ◽  
pp. 133-142
Author(s):  
Fokky Fuad Wasitaatmadja ◽  
Susianto Susianto ◽  
Suartini Supendi
Keyword(s):  
Research Question ◽  
Narrative Texts ◽  
Conceptual Approach ◽  
Men And Women ◽  
Main Research ◽  
Women In Islam ◽  
Legal Method ◽  
Islamic Jurisprudence ◽  
Role Of Women

Research on the relation of gender in Islamic Jurisprudence field always sparks the interest to study because of several things: the idea of power relations which has been touted as a thought that subordinates the role of women in their dynamic movements. Second, the role of the text of the Holy Qur'an in seeing and explaining gender relations in Islam, specifically when influencing or influenced by local culture. The main research question to be revealed is: how does the concept developed in Islamic Jurisprudence schools interpret the relations of men and women? The theoretical framework developed in this study is based on the thought which built in the Islamic Jurisprudence Schools. Sachiko Murata sees that there is a relationship between cultural understanding and the understanding of God in the relationship of men and women. The research method applied in this research is prescriptive normative legal method with conceptual approach. The conclusion in this study states that in the narrative approach to the Holy Qur'an, there is no significant power relation that degrades, dominates, or subordinates the role of women in Islam. Spatial structure of culture becomes a matter of concern when there is submission in the role of women in their socio-cultural environment. The narrative text of the Holy Qur’an explains the high appreciation of domestic and public roles for women. Feminism itself can be traced in various narrative texts in the Holy Qur'an that place women in a place of honor.

scholarly journals PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION

2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Philosophical Foundation ◽  
Conceptual Approach ◽  
Historical Approach ◽  
Legal Relationship

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

scholarly journals Penegakan dan Perlindungan Hukum Terhadap Satwa Kuskus (Phalanger SPP) yang Dilindungi di Kota Ambon

SASI ◽  
2019 ◽  
Vol 25 (1) ◽  
pp. 49
Author(s):  
Fikry Latukau
Keyword(s):  
Law Enforcement ◽  
Natural Resources ◽  
Case Studies ◽  
Wild Animals ◽  
Biological Resources ◽  
Criminal Sanctions ◽  
The Subject

One of the animals favored by people and can be used as food for some people in Ambon City is cuscus (phalanger spp) is one of the long-tailed marsupial mammals and is also a part of natural resources that is priceless so that its sustainability needs to be maintained through various safeguards. In detail, the regulations concerning these animals are regulated in the regulation of the Minister of Environment and Forestry No. 20 of 2018 concerning the types of plants and animals that are protected. Protected animals are animals that have rarely existed and are therefore protected by various regulations. One of the actions which until now still often occurs and violates the rules in protecting animals is used as food (killed) for some people in Ambon City are cuscus (phalanger spp). The killing of wild animals is an act that has violated the provisions contained in Law No. 5 of 1990 concerning Conservation of Biological Resources and their Ecosystems. Where in article 21 paragraph (2) (a) it has been stated that the prohibition to kill protected animals. In an effort to protect the animals from killing, law enforcement against the trade of protected animals is a process of embodiment of the rules regarding the protection of animals in practice legally in order to realize the goal of protecting protected animals. Research based on normative law research (normative law research) uses normative case studies in the form of legal behavior products, for example reviewing laws. The subject of the study is a law conceptualized as a norm or rule that applies to society and becomes a reference for everyone's behavior. The application of criminal sanctions against some residents of Ambon City who consume cuscus animals (phalanger spp) does not work properly

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor

2019 ◽  
Vol 4 (2) ◽  
pp. 99-134
Author(s):  
Nurlindah Nurlindah ◽  
A. Sugirman ◽  
Rosita Rosita
Keyword(s):  
Islamic Law ◽  
Supreme Court Decision ◽  
Vice President ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Track Record ◽  
General Elections ◽  
Election Commission ◽  
Executive Body

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.

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