scholarly journals Perlindungan Hukum terhadap Anak di Bawah Umur sebagai Pengemis

2020 ◽  
Vol 1 (2) ◽  
pp. 104-109
Author(s):  
I Wayan Edy Darmayasa ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Child Welfare ◽  
Health Services ◽  
Child Protection ◽  
Research Method ◽  
Deviant Behavior ◽  
Legal Protection ◽  
Complex Problem ◽  
Legal Research ◽  
Adequate Education ◽  
The Right

Children are not objects of deviant behavior or inhuman actions by anyone. However, in reality the child exploitation in Indonesia has become a complex problem. This research was conducted with the aim of describing the legal arrangements for children as beggars and the legal protection for minors as beggars. This study used a normative legal research method as well as statutory and conceptual approaches. The results of this study indicated that the regulation of minors as beggars is contained in Article 2 paragraph 1 of the Child Welfare Law No. 4 of 1979 which explains that the right to care for welfare care and guidance with affection is the right of the child as well as the care for the development of children in a healthy and good family. In addition, legal protection for minors as beggars as stipulated in the Child Protection Law No. 35 of 2014 in conjunction with Law No. 23 of 2002 can be in the form of socio-economic health services and adequate education.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Muhammad Fachri Said
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Research ◽  
Descriptive Research ◽  
The Common ◽  
The Government

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Penyelesaian Perkara Pelanggaran Hak atas Merek

2020 ◽  
Vol 1 (2) ◽  
pp. 67-71
Author(s):  
I Gede Mahendra Juliana Adiputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Research Method ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
The Law ◽  
The Right ◽  
Mutual Agreement

The existence of competition causes the original brand owner to feel disadvantaged because the sales result has decreased. It is permissible for someone to use another party's mark as long as they ask permission from the trademark owner first. The owner can give trademark rights to other people as agreed in an agreement. The formulation of the problem in this research is as follows: how is the legal protection of trademark rights and how to resolve violations of trademark rights. The research method used in this research is normative legal research. The results of the discussion in this study are as follows: Legal protection of the right to a trademark has been regulated by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, in the provisions of the Law it is expressly stated that if it has been registered in the law that the right to a trademark has been protected. The sanction imposed on the perpetrator of the crime of trademark rights is a fine of Rp. 20,000,000, - (twenty million rupiah) on condition that if the fine is not paid, he will be subject to imprisonment for 6 (six) months. Settlement of trademark cases can be carried out through institutions that can be used to resolve trademark disputes, including: Alternative Dispute Resolution, Arbitration and Courts. Alternative dispute resolution wants the disputing parties to resolve their own dispute with the aim of obtaining a mutual agreement, if the agreement fails, can take arbitration, namely the disputing parties to be able to resolve the dispute to the arbitration institution based on the agreement, furthermore, if the arbitration is successful the last action is through the court, namely the commercial court which has the authority to adjudicate trademark disputes.

scholarly journals KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Late Registration ◽  
Legal Standing ◽  
Legal Position ◽  
The Right ◽  
Administrative Sanctions ◽  
Laws And Regulations

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

scholarly journals PERLINDUNGAN HUKUM TERHADAP ADVOKAT ATAS INTERPRETASI OBSTRUCTION OF JUSTICE

2021 ◽  
Vol 5 (2) ◽  
pp. 308
Author(s):  
Asrullah Dimas ◽  
Muhammad Hasrul ◽  
Hijrah Adhyanti Mirzana
Keyword(s):  
Research Method ◽  
Low Cost ◽  
Legal Protection ◽  
Slow Process ◽  
Legal Research ◽  
Legal Process ◽  
Criminal Offense ◽  
Judicial Proceedings ◽  
The Right

 Penelitian ini bertujuan menganalisis batasan delik obstruction of justice pada Undang-undang Nomor 21 Tahun 2001 Tentang Tindak Pidana Korupsi agar advokat dalam hal ini memiliki perlindungan hukum yang jelas dalam perkara tindak pidana korupsi. Penelitian ini menggunakan metode penelitian hukum normatif.Adapun hasil dari penelitian ini yaitu karakteristik Obstruction Of Justice, menyatakan 3 (tiga) unsur penting yaitu Tindakan tersebut menyebabkan tertundanya proses hukum (pending judicial proceedings);Pelaku mengetahui tindakannya atau menyadari perbuatannya (knowledge of pending proceedings); Pelaku melakukan atau mencoba tindakan menyimpang dengan tujuan untuk mengganggu atau mengintervensi proses atau administrasi hukum (acting corruptly with intent), Selanjutnya obstruction of justice merupakan delik materikl, sehingga delik tersebut mengindahkan adanya akibat yang ditimbulkan dari perbuatan, yakni perbuatan  tercegah, terintangi atau tergagalkannya suatu penyidikan, penuntutan dan pemeriksaan sidang yang sedang dilaksanakan mengakibatkan lambatnya proses Peradilan sehingga tidak sesuai dengan prinsip peradilan yang sederhana , cepat dan  biaya ringan. Selain dari hak imunitas advokat sebagai bentuk perlindungan hukum seharusnya delik obstruction of justice disematkan pada delik pidana materil bukan delik formil sehingga penekanan kasus tersebut adalah akibat dari perbuatan itu, seyogyanya untuk menilai perbuatan Officium Nobille maka peninjauannya pada akibat agar interpretasi dari kata mencegah,merintangi,dan menghalangi tidak sebatas perbuatan semata melainkan ada akibat yang ditimbulkan. Kata Kunci: Perlindungan Hukum, Advokat, Obstruction of justice This study aims to analyze the limits of the offense obstruction of justice in Law Number 21 of 2001 which is concerning about the Corruption so that advocates in this case have the clear legal protection in cases of criminal acts of the corruption.  This study uses a normative legal research method. The results of this study are the characteristics of the Obstruction of Justice, which states 3 (three) important elements, namely that action causes pending judicial proceedings; the perpetrator knows his actions or is aware of his actions (knowledge of pending proceedings)  );  The perpetrator commits or attempts deviant actions with the aim of disrupting or intervening in the legal process or administration (acting corruptly with intent). Furthermore, the obstruction of justice is a material offense, so that the offense ignores any consequences arising from the act, namely actions are prevented, obstructed or failed to occur.  ongoing investigations, prosecutions and trial hearings have resulted in the slow process of the judiciary so that it is not in accordance with the principles of a simple, fast and low cost trial.  Apart from the right of an advocate's immunity as a form of legal protection, the obstruction of justice offense should be attached to a material criminal offense not a formal offense so that the emphasis of the case is the result of that act.  and hindering is not just an act, but there are the consequences itself.Keyword: legal protection, advocate , Obstruction of justice

Perlindungan Hukum terhadap Anak Panti Asuhan yang telah Berusia Dewasa

2020 ◽  
Vol 1 (2) ◽  
pp. 122-126
Author(s):  
Ida Ayu Prawita Utami Putri ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Sutama
Keyword(s):  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Foster Child ◽  
Legal Research ◽  
The Government ◽  
The Way

There are a lot of children who are less fortunate to be born without their parents for various reasons. An orphanage is a place where they live by self-taught in order to gain proper knowledge in order to reach maturity. With the existence of the orphanage, the government has helped facilitate all the needs of a child who is not fortunate because independently builds identity and knowledge. An orphanage is a place for children born without parents with the task of raising and providing proper education and accompanying children to adulthood and are able to sort out and choose the way forward. This research was conducted with the aim of describing the legal protection of adult orphanage children. The research method used in this research was a normative legal research method. The results of this study indicated that the orphanage guarantees child protection when the child is in the orphanage environment so that they are released from outside reach even though the child is an adult. Some orphanages make their own rules whereby a child who enters and joins as a foster child or resides in an orphanage gets a family card that is binding like a family card in general, especially if the child does not have parents, either father or mother, and a place to live.

scholarly journals Perlindungan Aset Lokal Yang Belum Terdaftar Indikasi Geografis Dari Kejahatan Cybersquatting

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 504
Author(s):  
Ni Komang Cempaka Dewi ◽  
Putu Tuni Cakabawa Landra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
The Internet ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Research ◽  
Conceptual Approach ◽  
Domain Name ◽  
Domain Names ◽  
The Right

Many local Indonesian assets have not been protected by Geographical Indications and very vulnerable to being exploited by irresponsible parties, one of which is cybersquatting crime by registering a website address on the internet using the name of a geographically indicated product without the right as the legal owner then selling the domain name for expensive price causing losses for local Indonesian assets that have not been registered with Geographical Indications. The problem of this research: How is the legal protection on local assets that have not yet registered as Geogragraphical Indication from cybersquatting crime. The purpose of this research is to find out the legal protection of unregistered local asset as geographical indication product from cybersquatting. The legal research method used is the normative legal research method using the statutory approach and the conceptual approach. The result of the research is the protection of local assets from cybersquatting crimes that have not been protected by Geographical Indications is protected under Article 23 of the ITE Law and for every person whose rights are violated due to cybersquatting crimes, they have the right to file a lawsuit to cancel the unauthorized use of domain names by other parties.

scholarly journals Legal Protection For Children Againts Sexual Exploitation and Abuse of Children Online

2019 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Ni Putu Ika Wijakusumariasih
Keyword(s):  
Social Media ◽  
Child Protection ◽  
Research Method ◽  
Child Pornography ◽  
Sexual Exploitation ◽  
Legal Protection ◽  
Scientific Paper ◽  
International Standards ◽  
Asean Member ◽  
The Right

The disclosure of cases of pedophiles online on social media in Indonesia certainly dangers that lurk children from perpetrators of sexual crimes. End Child Prostitution in Asian Tourism (ECPAT) Indonesia and the Criminal Crime Reform Institute (ICJR) regard this case of online child pornography as the largest ever disclosed by police without casualties. Online pedophile actors operating on social media Facebook use Official Candy Group accounts. Online pedophile prostitution has involved international networks. Departing from this background, the purpose of writing this scientific paper is to find out about the protection of children in Indonesia in terms of online pedophiles that refer to international child protection instruments that have been ratified. The research method used in this study is a normative legal research method. Seeing the situation in the territory of Indonesia become a place of practice that deviates until the involvement of international syndicates and modes is more sophisticated. Conditions further strengthen the assumption that Indonesia is indeed in an emergency of sexual violence. Harmonizing national laws to protect children online with international standards is key to providing the right tools for law enforcement in dealing with child sex crimes. In the child protection survey in the digital era in ASEAN member countries, it appears that Indonesia still needs improvement in terms of legal instruments related to child protection in the context of regulations and policies in making child protection mechanisms in the virtual realm in accordance with global commitments in which Indonesia is member of several international organizations.

UPAYA HUKUM TERHADAP ORANGTUA YANG TIDAK MELAKSANAKAN KEWAJIBAN ALIMENTASI DALAM PERSPEKTIF PERLINDUNGAN ANAK

2019 ◽  
Vol 7 (2) ◽  
pp. 307
Author(s):  
Tyas Sekar Mawarni ◽  
Anjar Sri Ciptorukmi Nugraheni
Keyword(s):  
Child Protection ◽  
Theoretical Studies ◽  
Cost Of Living ◽  
Legal Research ◽  
Conceptual Approach ◽  
Family Problems ◽  
The Law ◽  
The Right ◽  
Legal Substances

<p>Abstract</p><p>The purpose of this study is to explain the legal efforts that can be done if the parents do not implement the obligation of alimentation in the perspective of child protection. The method used is the method of legal research normatif (legal research), with the approach of the law (statute approach) and conceptual approach (conseptual approach). The legal substances used in this study include primary and secondary legal materials. The results of this study explain the parental remedies that do not carry out alimentation obligations in theoretical studies can be done by litigation or court and non-litigation or out of court. However, for non-litigation settlement in Indonesia is not yet available for family problems. Legal efforts through litigation may include the filing of livelihood rights and the execution of a permanent judge’s decision regarding the right of alimentation (cost of living).</p><p>Keywords: Legal effort;alimentation obligation; child; and child protection.</p><p> </p><p>Abstrak</p><p>Tujuan penelitian ini ialah untuk menjelaskan upaya hukum yang dapat dilakukan apabila orangtua tidak melaksanakan kewajiban alimentasi dalam perspektif perlindungan anak.Metode yang digunakan ialah metode penelitian hukum normatif (legal research), dengan pendekatan undang-undang (statute approach) dan pendekatan konseptual (conseptual approach).Bahan hukum yang dipergunakan dalam penelitian ini meliputi bahan hukum primer dan sekunder.Hasil penelitian ini menjelaskan mengenai upaya hukum orangtua yang tidak melaksanakan kewajiban alimentasi secara kajian teoritis dapat dilakukan dengan litigasi atau pengadilan dan non-litigasi atau di luar pengadilan.Namun, untuk penyelesaian melalui nonlitigasi di Indonesia belum difasilitasi Negara Mengenai masalah keluarga. Upaya hukum melalui Litigasi dapat berupa pengajuan hak nafkah dan eksekusi putusan hakim yang berkekuatan tetap mengenai hak alimentasi (biaya nafkah).</p><p>Kata Kunci: Upaya hukum; kewajiban alimentasi;anak;dan perlindungan anak.</p>

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