scholarly journals Pemenuhan Hak Anak Korban Tindak Pidana Perdagangan Orang

2021 ◽  
Vol 3 (1) ◽  
pp. 174
Author(s):  
Andi Jefri Ardin ◽  
Beniharmoni Harefa
Keyword(s):  
Law Enforcement ◽  
Social Services ◽  
Government Regulation ◽  
Education Law ◽  
Physical And Mental Health ◽  
Right To Life ◽  
Law Enforcement Officials ◽  
The Law ◽  
The Right ◽  
Investigation Process

One of the most important in human trafficking is the handling of victims. By normative research methods, it discusses the fulfillment of the rights of children who are vulnerable to becoming victims. There are two legal instruments in handling child as victims, there are Law Number 21 of 2007 and Law Number 35 of 2014. Based on the research, the Law Number 21 of 2007 more fulfilling than Law Number 35 of 2014. Government Regulation Number 43 of 2017 as implementing regulations for Law Number 35 of 2014 is not much different in substance from Law Number 21 of 2007. The application of the principle of the right to life and development of children also implies the state's obligation to ensure that children must have all the necessary access like social services, physical and mental health services and education.  Law Number 21 of 2007 nor Law Number 35 of 2014, not fulfilled these principles, for example regarding the education of child as victims. The law enforcement officials must pay attention to the Law Number 8 of 2010, to ensure that the defendant through confiscation of assets can fulfill the restitution for the victim’s during the investigation process.

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PRODUK INDIKASI GEOGRAFIS KOPI ARABIKA JAVA SINDORO-SUMBING

2019 ◽  
Vol 7 (2) ◽  
pp. 219
Author(s):  
M. Rangga Yusuf ◽  
Hernawan Hadi
Keyword(s):  
Law Enforcement ◽  
Qualitative Analysis ◽  
Government Regulation ◽  
Dispute Settlement ◽  
Legal Issues ◽  
Geographical Indication ◽  
Descriptive Research ◽  
Empirical Law ◽  
The Law ◽  
The Right

<p>Abstract<br />This article aims to examine the legal issues and to find out the the law enforcement of  Geographical Indication dispute settlement. The method for this research is empirical law research (sociology/non-doctrinal). The descriptive research category and object of this research in Farmers Group of Bina Sejahtera and Association of Geographical Indication Protector of  Kopi Arabika Java Sindoro-Sumbing is analyzed by interviewing the law effectiveness action  and also using qualitative analysis approach. The result of this research shows that the law protection for Kopi Arabika Java Sindoro-Sumbing’s Geographical Indication has given the right and protection for it. Based on juridical aspect it has been regulated in Law Number 20 of 2016 about trademark and Geographical Indication Jo. Government Regulation Number 51 of 2007 about Geographical Indication. Yet in the practical fact those laws have not work as they should be. Due to many violations of the using of Geographical Indication right and also the violation cases settlement that hasn’t been continued. So that, the law enforcement is needed to solve the settlement on Geographical Indication violations, either with litigation or non-litigation.<br />Key Words: Law Protection; Geographical Indication; Kopi Arabika Java Sindoro-Sumbing.</p><p>Abstrak<br />Artikel ini bertujuan mengkaji isu hukum dan untuk mengetahui upaya hukum penyelesaian  sengketa dibidang Indikasi Geografis. Metode penelitian yang digunakan adalah penelitian hukum empiris (sosiologis/ non doktrinal). Sifat penelitian deskriptif dan obyek penelitian di Kelompok Tani Kopi Bina Sejahtera dan Masyarakat Pelindung Indikasi Geografis Kopi Arabika Java Sindor-Sumbing dilakukan dengan wawancara terhadap efektivitas hukum dan pendekatan<br />analisis kualitatif. Hasil penelitian ini diketahui bahwa bentuk perlindungan hukum Indikasi Geografis Kopi Arabika Java Sindoro-Sumbing secara yuridis telah diatur melalui UndangUndang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis Jo. Peraturan Pemerintah Nomor 51 Tahun 2007 tentang Indikasi Geografis. namun dalam prakteknya perlindungan tidak berjalan sebagaimana mestinya. Karna masih terjadinya bentuk pelanggaran penggunaan tanpa hak tanda Indikasi Geografis dan masih terdapat kasus pelanggaran yang belum ditindaklanjuti dalam penyelesaiaanya. Sehingga diperlukan upaya hukum untuk menyelesaikan sengketa atas pelanggaran Indikasi Geografis baik secara non litigasi dan litigasi.<br />Kata Kunci: Perlindungan hukum; Indikasi Geografis; Kopi Arabika Java Sindoro-Sumbing.</p>

scholarly journals Theoretical aspects of the European Court of human rights interpretation of the right to life in the context of law enforcement

2019 ◽  
Vol 7 (3) ◽  
pp. 36-40
Author(s):  
Valeriy Konnov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Consequences ◽  
Right To Life ◽  
Law Enforcement Agencies ◽  
European Court ◽  
Legal Nature ◽  
Law Enforcement Officials ◽  
The Right

The article consider analyses some legal positions of the European Court of Human Rights which connected with the actions of law enforcement officials resulted with the death of suspects during detention. The author made the conclusion that a global understanding by the ECHR of the right to life doesn’t pay attention to the objective legal nature of criminal threats. The ECHR provides the idea that law enforcement agencies play the role of defender of society, but they don’t work as a power tool designed to protect specific actions that could entail social consequences.

scholarly journals ADVOCATE ASSISTANCE AGAINST WITNESSES TOWARD THE SUSPECTED IN THE INVESTIGATION PROCESS OF CORRUPTION CRIMINAL ACT

2020 ◽  
Vol 7 (1) ◽  
pp. 45
Author(s):  
Alamsyah Bahari
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Cases ◽  
Law Enforcement Officials ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right ◽  
To Receive ◽  
Investigation Process ◽  
Clear Description

In order to create a good and transparent criminal justice process so that there is no imbalance between witnesses and law enforcement officials, advocate assistance to witnesses in the investigation process in cases of corruption is necessary because not everyone has mental readiness or knowledge regarding the law in the investigation process. This study aims to provide a complete and clear description of the procedure for examining witnesses who are accused in the process of investigating cases of corruption by authorized institutions and a description of the legal basis for anti-corruption institutions in implementing the prohibition on advocacy assistance to witnesses during the process of investigating criminal cases. corruption. The research method used by researchers is the normative juridical research method. The anomaly in the attitude of the investigator appears when the advocate accompanies a witness who is asked to present it by the reported party or the suspect. Before the examination, the investigator informs the witness that the presence of an Advocate in a witness examination is not obligatory. Advocate witness assistance should also be added to be strictly regulated in the regulations, to prevent unnecessary polemics on this matter. It also includes that the witness has the right to receive a copy of the examination report.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

scholarly journals Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Privacy Rights ◽  
The Law ◽  
The Government ◽  
Investigation Process ◽  
Do So

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

scholarly journals The Interior Appeal of the FAS of Russia: the Role of Legal Positions in the Development of Uniformity of Law Enforcement Practice

2019 ◽  
pp. 78-83
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Federal Law ◽  
Antimonopoly Law ◽  
Uniform Law ◽  
The Law ◽  
Compliance With The Law ◽  
The Right

The article discusses some problems of the formation of a uniform law enforcement practice on the example of specific decisions of the FAS Russia Board of Appeals on issues related to: the application of the rules for the qualification of antitrust violations provided for in part 1 of art. 10 of the Federal Law «On Protection of Competition»; the need to prove the fulfillment of an agreement prohibited by art.16 of the same Law; the exercise of the right of the FAS Russia collegial bodies to refer the matter for a new consideration to the territorial antimonopoly body. It is concluded that the legal positions of the Appeal Board of FAS Russia, being based on the law and applied only in compliance with the law, help to effectively resolve controversial problems of pre-trial Antimonopoly law enforcement and to develop uniform approaches to the interpretation of the rules of competition law.

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