scholarly journals Effectiveness Of Allotment Penalty Imposed By Judge In The Case Of Children For A Child Protection As Victims (Case Study at State Court of Sumber)

2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
State Court ◽  
Sociological Approach ◽  
Protection Legislation

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.

scholarly journals Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction)

2020 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Endang Kusnandar ◽  
Anis Mashdurohatun ◽  
Siti Rodhiyah Dwi Istinah
Keyword(s):  
Child Protection ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Field Studies ◽  
Mental Condition ◽  
Primary Data ◽  
State Court ◽  
Child Victims ◽  
Rape Victims

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.

scholarly journals Legal Protection from Provocate Abortion Againts the Child Conceived Because Rape (Case Study on Jurisdiction Ex Residency of Cirebon)

2020 ◽  
Vol 2 (4) ◽  
pp. 601
Author(s):  
Eka Damayanti Damayanti ◽  
Aryani Witasari
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Executive Branch ◽  
Rape Victim ◽  
Primary Data ◽  
Sociological Approach

The problems of this study are: view of the living norms of public life related to the legalization of abortion under PP No. 61 of 2014 on Reproductive Health in the jurisdiction of Ex Residency of Cirebon, Legal protection of children conceived for Pregnancy Preferred (KTD), form the legal protection of children conceived for Pregnancy Preferred (KTD), particularly rape victims in the future.The method used by researchers is sociological approach juridical law and specification in this study was included descriptive analysis. As for sources and types of data in this study are primary data obtained from interviews with field studies Cirebon MUI, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of effectiveness and progressive law.Based on the results of research that potentially incompatible with Islamic law if it does not pay attention to the provisions of law or the Fatwa of Indonesian Ulama Council, besides that government regulation is taking the authority of the judiciary by the executive branch, because the authority to determine a person can have an abortion only submitted to the doctor and known by the Health Department / districts forwarded to the Provincial Health Office, without having to get a judgment and / or determined by the court, including the MUI Fatwa can ignore. Abortion performed by a rape victim is allowed and does not constitute a crime, but as a special lex and Health Act Government Regulation No. 61 Of 2014 on Reproductive Health has taken over the authority of the judiciary, because abortion is performed by a rape victim does not need to get a determination from the court. Reflected Bill-September 2019-the Penal Code refers to the Law of Health and Government Regulation No. 61 of 2014 on Reproductive Health, so that the provision is contrary to the Constitution of the Republic of Indonesia 1945.Keywords: Provocate Abortion; Child; Rape; Legal Protection.

scholarly journals Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.

2020 ◽  
Vol 2 (4) ◽  
pp. 579
Author(s):  
Dudu Wawan Setiawan ◽  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Research Society ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Court Judge ◽  
Case Number

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.

scholarly journals Law Due To The Transfer Of Land Under Hand With Deed As Evidence (Case Study In Kendari)

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 201
Author(s):  
Steffi Yesyer Palloan ◽  
Akhmad Khisni
Keyword(s):  
Alternative Dispute Resolution ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Lack Of Information ◽  
Legal Effect ◽  
The Cost

The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.

scholarly journals Analysis On Drug Crime Distribution (G List) Kind Of Narcotics (Case Study In Court Decision In Region III Cirebon)

2020 ◽  
Vol 2 (4) ◽  
pp. 625
Author(s):  
Iin Khaeriyatun Ni'mah ◽  
Sukarmi Sukarmi
Keyword(s):  
Drug Users ◽  
Drug Distribution ◽  
Legal Protection ◽  
Secondary Data ◽  
The State ◽  
Primary Data ◽  
State Court ◽  
Limiting Factor ◽  
Criminal Offense ◽  
Sociological Approach

The problems of this study are: 1) How is the consideration and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List)? 2) What are the constraints in finding criminal offense trafficking of drudgs (G List)? 3) How do the efforts and solutions should be executed against the crime of trafficking of drudgs (G List)?�Method sociological approach juridical law and specification in this study were included descriptive qualitative, The sources and types of data in this study are primary data obtained from interviews with field studies Security Chief Penitentiary (KPLP) Narcotics Prison Cirebon, And secondary data obtained from the study of literature. The problems studied by the theory of law enforcement, legal protection and law enforcement.Results of the discussion concluded: Considerations and commitment of judges in the State Court in lowering the crime of trafficking of drudgs (G List) is to explicitly give appropriate consideration to the evidence in court, and a commitment to provide deserving punishment against criminal trafficking of drudgs G List. Obstacles in finding criminal offense trafficking of drudgs (G List) can be divided into the causes of the dealers and the causes of the user side, while the limiting factor of the dealers, namely Factors Poor Understanding of Law, Economic Factors, Environmental Factors Society, Factor Surveillance as well as factor constraints of the users, namely lack of evidence to arrest and lack Guide Report from Community. Efforts and solutions should be executed against the crime of trafficking of drudgs (G List) is through legal counseling on the dangers of drug distribution of G List, Doing arrest on drug users G List then perform a search pusher G List, Cooperate with BPOM in drug distribution of G List.Keywords: Crime; Distribution; Drug; G List; Narcotics.

scholarly journals Law Enforcement Of Giving Restitution For Victims Of Trafficking In The State Court Of Central Jakarta

2020 ◽  
Vol 2 (4) ◽  
pp. 535
Author(s):  
Roswati Dewi ◽  
Sri Endah Wahyuningsih ◽  
Umar Ma'ruf
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Analysis Data ◽  
The State ◽  
Primary Data ◽  
State Court ◽  
Research Use ◽  
West Java

This study aimed to analyze and assess: 1) Law Enforcement of Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction; 2) obstacles and barriers in the Restitution Administration of the Victim of Crime Against Trafficking in West Java Police Jurisdiction; and 3) How to overcome the obstacles in Giving Restitution of Victim of Crime Against Trafficking in West Java Police Jurisdiction.This research use sociological juridical approach to the specification of the research is descriptive analysis. Data sources include primary data and secondary data. Methods of data collection using interviews and documentation study. Methods of data analysis in this thesis using qualitative descriptiveThe study concluded that not every Victims of Crime of Trafficking Got Giving Restitution. Obstacles Giving Victims Restitution against Crime of Trafficking affected by the dominant legal factors and the influence of other factors. UUPTPPO an attempt by the State to TPPO, but construction is still weak, law making it difficult for victims obtain restitution, so it needs to be revised. It is recommended that UUPTTPO revised or reconstructed, so UUPTPPO for more providing legal protection for victims of TPPO to establish in the regulations (laws) that the State through the investigating police and / or prosecutor (JPU) who shall seek fulfillment TPPO restitution by offenders to victims TPPO, that is the nation participation for the society.Keywords: Law Enforcement; Restitution; Victims; Crime; Trafficking.

scholarly journals STATUS EFFECT ON CHILDREN OUTSIDE MARRIED STATUS AFTER CONSTITUTIONAL RELIGIOUS COURT DECISION

Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 93
Author(s):  
Sulaiman Sulaiman
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Court Decision ◽  
Primary Data ◽  
Constitutional Court ◽  
Biological Father ◽  
Sociological Approach ◽  
Rights Of The Child ◽  
The Right

The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.

scholarly journals The Review Of Agricultural Land Transfer Related Juridical Absentee That Made Before PPAT

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 257
Author(s):  
Heris Ramadan
Keyword(s):  
Agricultural Land ◽  
Public Awareness ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Primary Data ◽  
Sociological Approach ◽  
Land Transfer ◽  
The Village ◽  
The City

The purpose of this study as follows 1) To identify and explain the transfer of agricultural land Absentee made before PPAT. 2) To identify and explain the barriers and solutions Absentee transfer of agricultural land made before PPAT. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview, and secondary data obtained from the study of literature. Based on the results of the research are Strict monitoring of the transfer of agricultural land through cooperation between the relevant agencies, namely the Village Head, District and PPAT / Notary. Barriers: a) Lack of public awareness, b) Since the Inheritance Land where many families who left their land to her son while her son stayed in town and have settled the town even had a decent job in the city than in the rural location of his land, it is also one causes of land ownership is due to inheritance. c) Land Office did not have accurate data on their ownership of agricultural land by Absentee. Solution: Perform legal counseling for the creation of legal order are carried out continuously to the community and local authorities with regard to land issues.Keywords: Judicial Review; Diversion; Farmland; Absentee; PPAT

scholarly journals Legal Flexibility in Children Diversion Which Conflict With the Law (ABH) Case Study At Ex Residency of Cirebon Jurisdiction

2020 ◽  
Vol 3 (1) ◽  
pp. 55
Author(s):  
Muchammad Qomaruddin Qomaruddin ◽  
Gunarto Gunarto ◽  
Aryani Witasari
Keyword(s):  
Juvenile Justice ◽  
House Of Representatives ◽  
Justice System ◽  
Juvenile Justice System ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Sociological Approach ◽  
Draft Bill

Along with the development of the juvenile justice system practices that have been implemented so far as regulated in Act No. 11 Of 2012 on Child Criminal Justice System (Act of SPPA).The problems of this study are: the flexibility of implementation of diversion in the case of ABH at Ex Residency of Cirebon Juridiction, problems that exist and occur in carrying out the diversion case of ABH in the Ex Residency of Cirebon Jurisdiction, diversion in Case of ABH solutions in the future will come.The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. While the sources and types of data in this study are primary data obtained from the field study interview. And secondary data obtained from the study of literature.Based on the results of research that In accordance with Act No. 11 Of 2012 on Juvenile Justice System, flexibility implementation of new diversion is the stage, which can be done at this stage of the investigation in Children Investigators, or at what stage in the Prosecuting Attorney of the Child, as well as examination by the Child Justice. Hampered that diversion is restricted by a minimum penalty of which may carry out a diversion, even if the victim and the perpetrator (ABH) has� versioned, it turns out if the criminal threat is more than seven (7) years, the diversion that has made News The event can be canceled and further processed to court for trial. Supposedly back in the Draft Bill which is being processed in the House of Representatives of Indonesia, should attempt a diversion in case the child is not constrained by the threat of punishment, because diversion is only mediation enforcement between criminal and victim that in application not sure in agreement.Keywords: Flexibility Law; Diversion; Children; ABH

scholarly journals Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made

2020 ◽  
Vol 2 (4) ◽  
pp. 593
Author(s):  
Fajar Fitrio Dwi Nugroho ◽  
Amin Purnawan
Keyword(s):  
Precautionary Principle ◽  
Criminal Responsibility ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
State Court ◽  
The Precautionary Principle ◽  
Rules And Principles ◽  
Type Data

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.

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