scholarly journals Penanganan terhadap Anak Pelaku Tindak Pidana Penganiayaan yang Terlibat dalam Geng Motor di Wilayah Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 175-180
Author(s):  
Ria Putriliana Waskita ◽  
A.A Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Criminal Law ◽  
Motor Vehicle ◽  
Legal Protection ◽  
Children's Rights ◽  
Empirical Method ◽  
Legal Assistance ◽  
Modus Operandi ◽  
User Community ◽  
Criminal Sanctions ◽  
The Right

A bike gang refers to a group of youths (teenagers) having the same school background in an area who are members of a two-wheeled motor vehicle user community. The criminal act of maltreatment committed by a group of biker gang in Bali has violated the provisions of the applicable criminal law. With regard to the fact, the urgency of the modus operandi of the criminal act of maltreatment committed by biker gang and the legal protection for young biker gang who commit crimes of maltreatment are examined in the present study. The method used in this research is the empirical method. The modus operandi appeared as the mode applied by criminals to commit criminal acts and the implementation of legal protection against bikers who committing the criminal act of maltreatment in the Badung District Police jurisdiction is through not overriding the children’s rights as child defendants, such as the right to legal assistance at every level of examination in line with procedures determined by law. It would be better if, in implementing criminal sanctions, law enforcers take the condition of the community, the perpetrators of crimes, into account in order to foster legal awareness within them.

scholarly journals Pemidanaan Sebagai Ultimum Remidium Dalam Memberikan Perlindungan Hukum Terhadap Hak-Hak Konsumen Pada Suatu Transaksi Elektronik

Esensi Hukum ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 40-50
Author(s):  
Ronny Indrawan
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Modus Operandi ◽  
Criminal Sanctions ◽  
Consumer Rights ◽  
Electronic Transactions

This paper discusses the issue concerning the legal protection of consumer rights in transaction activity which at present its development has started to use technology based on computer and telecommunication in cyberspace. This paper argues that in today's era there are often problems related to electronic transactions, especially with regard to consumer rights. Therefore, in providing legal protection against the fulfillment of consumer rights, the study from the perspective of criminal law becomes very important. Furthermore, this paper explains, among other things, the rights of consumers to be protected by criminal law, criminal forms in electronic transactions, the modus operandi of criminals, and applicable criminal sanctions for the perpetrators.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

scholarly journals Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak Pidana Persetubuhan di Bawah Umur

2020 ◽  
Vol 1 (2) ◽  
pp. 1-5
Author(s):  
Agustinus Yitsak Mannuel Kapitan ◽  
I Made Sepud ◽  
I Nyoman Sujana
Keyword(s):  
Law Enforcement ◽  
Sexual Intercourse ◽  
Child Protection ◽  
Legal Protection ◽  
Medical Assistance ◽  
Criminal Sanctions ◽  
Sense Of Security ◽  
Law Enforcement Officials ◽  
Body And Soul ◽  
The Right

Legal protection is a legal effort that must be provided by law enforcement officials to provide a sense of security to the community both body and soul from interference and threats from any party. The protection of children who are victims of moral crimes is regulated in Law Number 23 of 2002 jo and Law Number 35 of 2014 concerning Child Protection. This research was conducted with the aim of describing the legal protection of a child who is the victim of criminal acts of sexual intercourse and the criminal sanctions against the perpetrators of the sexual intercourse crime on a child. This research was conducted using the normative legal research method. Based on the results of the research and discussion, the legal protection for children who are victims of criminal acts of intercourse is regulated in Law No. 35/2014. Children who are victims are given protection in the form of medical assistance, psycho-rehabilitation, the right to restitution, the right to compensation. Criminal sanctions against the perpetrator of the criminal act of child sexual intercourse in decision number 58 / Pid.Sus / 2015 / PN.Tab, the perpetrator was sentenced to 7 (seven) years in prison and a fine of 150,000,000.00. Seeing the perpetrator's actions were very cruel, robbing other people's honor, namely his own daughter, the punishment that should be given to the perpetrator is the maximum punishment. If the fine cannot be paid, the defendant's sentence will be increased to 6 (six) months.

scholarly journals Rights of Arrested Person and How to Protect them in the Libyan Law: حقوق المقبوض عليه ووسائل حمايتها في القانون الليبي

2019 ◽  
Vol 3 (12) ◽  
Author(s):  
Abdallah Abdusalam Sherif, Badruddin Hj Ibrahim
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Legal Assistance ◽  
Judicial Decisions ◽  
Explicit Statement ◽  
Legal Texts ◽  
Unlawful Interference ◽  
Descriptive Approach ◽  
The Moment ◽  
The Right

This study deals with the rights of those arrested and their protection in Libyan legislation. The arrest of persons is one of the most important and most dangerous measures against freedom. It affects one of the most important human rights, namely, the right to freedom. Which is legally competent to carry out the investigation, taking into account its detention in the places designated for that purpose. The problem of the legal texts in the Libyan criminal law focuses on the recognition of the rights of those arrested, protecting them against any unlawful interference with them, or exaggeration and strictness in restricting them. What is their compatibility with or contradictions with the basic provisions of the Libyan Constitution? What is the way to remove and raise this discrepancy that exists? In this study, the study relied on the analytical descriptive approach to identify the rights of those arrested, as well as the means established by the law to guarantee these rights from any abuse by the competent authorities in this dangerous procedure, by studying and analyzing the legal texts and relevant judicial decisions. The Libyan law, to identify the rights of those arrested and the means of protecting them, and to assess the position of the Libyan legislator of all this. This study concluded with a number of results: The right of defense is an inherent right of the accused from the moment that he is charged with a crime. This right remains valid throughout the investigation and trial stage. However, we did not find explicit provisions in Libyan law the right of the accused to have access to a lawyer during his arrest or even during the investigative and forensic procedures carried out by the judicial ombudsman. The matter was left without an explicit statement confirming the right of the accused to seek legal assistance or to deny this right. There is no explicit provision in the Libyan law that the arrested defendant has the right to remain silent in the case of arrest, and there is no text in return that requires him to give his testimony before the investigative and investigative bodies. So, there is a difference about recognizing this right.    

scholarly journals Fetus Trafficking in Viet Nam – The New Criminal Method of Human Trafficking

2021 ◽  
Vol 10 ◽  
pp. 1594-1603
Author(s):  
Ha Le Thuy ◽  
Hoang Thi Hai Yen ◽  
Nguyen Quang Bao
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Early Stage ◽  
Legal Protection ◽  
Viet Nam ◽  
New Methods ◽  
Before And After ◽  
The Right ◽  
Legal Mechanism ◽  
Fetal Stage

When it comes to basic rights of the fetus, including the right to life, theoretical studies around the world on human rights of the fetus still have not reached an agreement on approaches and explanation. Criminal law at the international and national levels still leaves the possibility of protecting the unborn child. Viet Nam’s criminal law is no exception to this trend. In addition, Viet Nam is currently facing human trafficking with new methods and tricks. Children are bought and paid for while still in the womb, then born abroad and given to traffickers. Children are only protected by criminal law for human trafficking if they are born, alive, and detected by the authorities. While the act of trafficking in fetuses is often easily detected by the authorities right from the stage of purchasing and paying, it is not feasible to prosecute this act for human trafficking under the criminal law of Viet Nam. This reduces the criminal law’s ability to suppress crime, at the same time, leaves many fetuses unprotected. Should criminal law be left outside the legal mechanism to protect children while in the fetal stage? This article suggests considering fetus trafficking as a form of human trafficking and to criminalize fetus trafficking. Criminal law should recognize fetus trafficking as a sign of crime or an early stage in the criminal process of human trafficking, because children need special care and protection, including appropriate legal protection before and after birth, due to their physical and mental immaturity.

scholarly journals Study at home in covid-19 pandemic as a legal protection to children's rights in Indonesia

2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Ratri Novi Erdianti
Keyword(s):  
Online Learning ◽  
Child Protection ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
The World ◽  
Survival And Development ◽  
Learning Policies ◽  
The Right ◽  
At Home

The implementation of online learning systems in the pandemic period of COVID-19 caused problems related to learning methods that require adequate facilities and not all students have them. In addition, the community also feels less than optimal for students, especially elementary school children who find it hard to accept learning through online, this is also because there is more work to replace the material students can use. The purpose of this paper is to see that the study at home policy is an appropriate step according to the guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment of Law No. 23 of 2002 concerning the Protection of children to continue to carry out the learning process so that the world of education is not paralyzed due to the problem of the spread of covid 19. The purpose of this study is to examine the study at home policy as a guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment to the Law no. 23 of 2002 concerning child protection. The method used in this study is the normative method. The results of the study show that online learning policies are the best solution and are in line with the principles of legal protection of children's rights in Indonesia, especially regarding the right to be safe from danger and to be kept away from diseases as well as the right to survival and development.

scholarly journals Legal Protection on Notary Who Made a Suspect in His Duty

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 1001
Author(s):  
Ine Rizka Ariyani ◽  
Gunarto Gunarto ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Legal Protection ◽  
Empirical Method ◽  
Legal Issues ◽  
Legal Research ◽  
Problems And Solutions ◽  
It Organization ◽  
The Law

Provisions concerning Notary regulated in Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary (hereinafter referred UUJN).[1] In Article 16 paragraph (1) letter (e) states that a Notary UUJN must preserve the confidentiality of all information obtained for a deed in accordance with their oath of office. In facing legal issues, Notary need an organization that can accommodate the aspirations and the problems it faces, so precisely that the Indonesian Notary Association (INI) into an organization that has continuity in carrying out the supervision, guidance and legal protection for a notary.The research objective is to analyze the legal protection of a notary is used as a suspect in the running of their office, to analyze problems and solutions of legal protection against notaries who serve as a suspect in carrying out his duties.The method used in this research is juridical empirical method is a method of legal research that attempts to view the law in terms of real or can be said to see, examine how the workings of the legal community.The results of this study finally provides an answer that before a notary dragged to criminal law to the case of giving false testimony, the investigator must know what the principal case of the case. Due to lack of caution can make  Notary as a suspect. Notaries in carrying out its duties merely formal and only constantire wishes of the parties and then poured into deed. Because there is one of the aggrieved party in the matter and notary asked by investigators to show the deed and is of public interest and obtain permission from MKN, then Article 16 (1) f and Article 54 UUJN about keeping positions can be ruled out because there are interests higher should notary testified that noataris released from his oath of office according to the rules applicable legislation. MKN legal protection given to the Notary ie if it will initiate an investigation or calling to the Notary must ask permission first terelebih to MKN, must coordinate with the IT organization or the competent senior Notary.Keywords: Legal Protection; Suspect; Notary. 

scholarly journals Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Darko Dimovski ◽  
Ivan Milić
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Labor Law ◽  
Human Right ◽  
Protective Measures ◽  
Criminal Sanctions ◽  
Right To Work ◽  
Specific Activities ◽  
The Republic ◽  
The Right

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.

scholarly journals PIDANA PENJARA SEUMUR HIDUP ATAU PIDANA MATI (KONFIGURASI DILEMATIS ANTARA HUKUM DAN KEMANUSIAAN)

2020 ◽  
Vol 8 (12) ◽  
pp. 1984
Author(s):  
I.G.A.A Fitria Chandrawati
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Descriptive Analysis ◽  
Right To Life ◽  
Life Imprisonment ◽  
Daily Newspapers ◽  
Analysis Techniques ◽  
Criminal Sanctions ◽  
Psychological Suffering ◽  
The Right

Tujuan Penelitian adalah untuk menganalisis sanksi pidana penjara seumur hidup menjadi alternatif dari penjatuhan sanksi pidana mati  dan mengidentifikasi esensi antara pidana penjara seumur hidup dengan pidana mati. Penelitian ini memakai jenis penelitian hukum normative dengan pendekatan perundang-undangan, pendekatan historis dan kasus. Dengan ditunjang bahan hukum primer beberapa undang – undang yang menganut penerapan pidana mati, bahan sekunder teks – buku – buku hukum pidana, bahan jurnal – jurnal hukum, bahan tersier, kamus, ensiklopedi, harian surat kabar, teknis analisis deskriptif interpretatif – evaluatif argumentatif. Dengan simpulan temuan bahwa pidana penjara seumur hidup  sering sebagai alternatif (pengganti) dari pidana mati guna menghindari kekeliruan dalam penjatuhan sanksi, juga untuk menghargai hak hidup seseorang sesuai prinsip HAM. Esensi pidana penjara seumur hidup dibandingkan dengan pidana mati sama – sama menyebabkan penderitaan fisik dan psikis bagi terpidananya, sanksi pidana tetap menimbulkan rasa derita, pembalasan dan sebagai bentuk pertanggung jawaban hukum bagi pelaku tindak pidana. The aim of this research is to analyze life criminal law into criminal sanctions and verified life imprisonment. This research using a type of normative legal research with an approach legislation, historical approach and case approach. With supported by primary legal material several laws that adhere application of capital punishment, secondary legal materials in the form of texts, books criminal law, legal journals, tertiary material in the form of dictionaries, encyclopedias, daily newspapers and using material analysis techniques law in the form of descriptive analysis techniques interpretative-evaluative-argumentative, with the conclusion that life imprisonment often as an alternative (substitute) to capital punishment to avoid mistakes in imposing sanctions, too to better respect the right to life of a person according to human rights principles. Essence life imprisonment compared to capital punishment together causing physical and psychological suffering for the conviction, sanctions crime still causes pain, retribution and forms legal liability for perpetrators of criminal acts.

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