scholarly journals PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN OLEH ANAK (Studi Putusan Pengadilan Negeri Nomor 16/Pid.Sus-Anak/2016/PN.Cbn)

2020 ◽  
Vol 19 (2) ◽  
pp. 114-136
Author(s):  
Djesi Ariani
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Human Being ◽  
Criminal Offenses ◽  
High Regard ◽  
The Law

AbstractChildren are a mandate from God Almighty which is inherent in their dignity as a whole human being. Every child has dignity and value that is worthy of high regard and every child born must have his/her rights without the child's request. The problems in this thesis are: the responsibility of children as perpetrators in criminal acts of premeditated murder in the Indonesian legal system, legal protection against children as perpetrators of criminal offenses planned in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn , the legal considerations of the judges against children as perpetrators of premeditated murder in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn.Legal Protection of Children in Criminal Acts Based on Law Number 11 Year 2012, from the results of the study, it is stated that children who are dealing with the law, including children as victims or children as perpetrators of crime, it is appropriate for children who are in conflict with the law to get legal protection both as the perpetrators or as the victims.Keywords: Criminal Liability, Planned Murder, Children

scholarly journals Case Review of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building

NORMA ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 37
Author(s):  
Ramzi Maulana Arghie
Keyword(s):  
Bargaining Power ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Case Review ◽  
Legal Research ◽  
The Law

The research, entitled Case Study of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building aims to find out whether or not Dirk Tatipata is said to have defaulted on the Sale and Purchase Agreement (PPJB) of land, which he did with Ronald Sanjaya, how the legal protection for Dirk Tatipata as the party who was harmed by the decision of the Surabaya District Court, This is normative legal research, Based on the results of the study, it can be concluded that legally, it is clear that Dirk Tatipata does not have high bargaining power and is a seller of land and buildings on Jl. Sleep No. 103 that has been done in front and signed by Notary Anita Lucia Kendarto, S.H., M.Kn. with several letters/deeds. Thus, legal resistance is still being carried out by carrying out a lawsuit in the land and building dispute case at the Surabaya District Court, and ending his defeat coupled with a penalty of trial fees and payment for his unlawful actions harmed Ronald Sanjaya as the legal owner of the land and buildingsKeywords: Agreement, Sale, and Purchase of Land and Buildings, Against the Law

scholarly journals UPAYA PENGADILAN DALAM PERLINDUNGAN HUKUM ANAK LUAR NIKAH BERDASARKAN SILA KE-5 PANCASILA

2016 ◽  
Vol 3 (1) ◽  
pp. 86
Author(s):  
Dzanurusyamsyi Dzanurusyamsyi
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Science And Technology ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Law

In accordance with the Marriage Law Article 43 paragraph (1) and Article 100 Compilation of Islamic Law, that child out of wedlock obtain a civil relationship with her mother and her mother’s family. The provisions of article 43 paragraph (1) that the Court’s decision the Constitution of No. 046/PUU-VIII/2010 amended with the new norm, that “children born out of wedlock have links civil with her mother and her mother’s family as well as with men as a father to proven by science and technology and/ or other evidence under the law have blood relations, including civil relations with his father’s family’’ provisions of the new norm is still debatable and the pros and cons in the community that have not been finalized. Therefore, it is necessary to do research on: How Construction illegitimate child protection today; factors that affect the construction of the legal protection of a child out of wedlock is not justice at this time. This study used a qualitative approach with sosiolegal research. Factors that affect the protection of children out of wedlock is not justice due to several factors: -First; Factors Differing perceptions Ulama’ and Judges of children out of wedlock and protection against him; Factors Court decision is very diverse/ varied against illegitimate child protection issues; Factors diversity of perceptions on Registration of Population Administration in Indonesia. Then the provisions of the Marriage Law Article 43 paragraph (1)which has judicial review by the Constitutional Court Decision No. 046/PUU-VIII/2010 and Article 100 of the Compilation of Islamic Law must be reconstructed with the editor of a new article as follows: “a child born out of wedlock has relations civil with her mother and her mother’s family as well as with men as a father who can be proved by science and technology and/ or other evidence under the law have blood relation to the determination/ instruction judge and the Court’s decision, the Muslim Religious Court andbesides Islam in the District Court, including a civil relationship with his family “and there should be an affirmation form of additional chapters in the Marriage Law Article 43 with the editorial article as follows; “If it turns out according to a court ruling that the children who sought their origin was proven seedlings men and women and was born in/ from the marriage valid, then the child becomes legitimate child and have a relationship of civil full and relationships biological children with both parents and get inheritance rights.

scholarly journals Perlindungan Hukum Bagi Pemilik Tanah dalam Akta Jual Beli Tanah PPAT yang Batal Demi Hukum oleh Putusan Pengadilan

2020 ◽  
Vol 9 (4) ◽  
pp. 888
Author(s):  
Muhammad Rizky ◽  
Muzakkir Abubakar ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Court Decision ◽  
District Court ◽  
Legal Certainty ◽  
Research Results ◽  
The Law ◽  
Land Sale

PPAT's authority in making a land sale and purchase deeds must take into account the provisions of Article 22 PP No. 37 of 1998 that: the PPAT deed must be read/enforced to the party in the presence of at least two witnesses before being signed immediately by the parties, witnesses and PPAT. In practice, in the decision of the Ungaran District Court No.80 / Pdt.G / 2015 / PN.Unr, the PPAT land sale and purchase certificate was never signed by the landowner and in the decision of the Tanjung Karang District Court No.35 / Pdt.G / 2015 / PN. Tjk, the legal owner of the land certificate for joint assets does not have the wife's consent letter that is entitled to the land sale and purchase certificate. On this basis, the related parties submitted a cancellation of the issuance of the land sale and purchase certificate, so that the agreement was null and void. The purpose of this research is to analyze the responsibilities of PPAT, how to protect the law for landowners as a result of the issuance of the PPAT land sale and purchase certificate. This type of research is normative juridical with an inviting approach and a case approach. The source of legal material used is secondary data which is analyzed qualitatively and comes from deductive. The research results reveal that whether the legal protection for landowners in the PPAT land sale and purchase deed is null and void by a court decision has provided protection and legal certainty. Kewenangan PPAT dalam membuat akta jual beli tanah harus memperhatikan ketentuan Pasal 22 PP No. 37 Tahun 1998 bahwa : akta PPAT harus dibacakan/dijelaskan kepada para pihak dengan dihadiri oleh sekurang-kurangnya dua orang saksi sebelum ditandatangani seketika itu juga oleh para pihak, saksi-saksi dan PPAT. Prakteknya dalam  putusan Pengadilan Negeri Ungaran  No.80/Pdt.G/2015/PN.Unr, akta jual beli tanah PPAT tidak pernah ditandatangani oleh pemilik tanah dan dalam putusan Pengadilan Negeri Tanjung Karang No.35/Pdt.G/2015/PN.Tjk, pemilik sah sertifikat tanah atas harta bersama tidak terdapat surat persetujuan istri yang berhak dalam akta jual beli tanah. Atas dasar tersebut, para pihak terkait mengajukan pembatalan atas lahirnya akta jual beli tanah, agar perjanjian tersebut batal demi hukum. Tujuan penelitian ini adalah untuk menganalisis bagaimana tanggung jawab PPAT, bagaimana perlindungan hukum bagi pemilik tanah akibat dari lahirnya akta jual beli tanah PPAT. Jenis penelitian yang digunakan bersifat yuridis normatif dengan pendekatan perundang-undangan dan pendekatan kasus.  Sumber bahan hukum yang digunakan adalah data sekunder yang dianalisis secara kualitatif dan ditarik kesimpulan secara deduktif. Hasil penelitian mengungkapkan bahwa apakah perlindungan hukum bagi pemilik tanah dalam akta jual beli tanah PPAT yang batal demi hukum oleh putusan pengadilan sudah memberikan perlindungan dan kepastian hukum.

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals SITA JAMINAN DALAM KEPAILITAN

Yuridika ◽  
2014 ◽  
Vol 29 (1) ◽  
Author(s):  
Sriti Hesti Astiti
Keyword(s):  
Legal Protection ◽  
The Other ◽  
Court Decision ◽  
Bankruptcy Law ◽  
Legal Enforcement ◽  
The Law ◽  
Erroneous Interpretation

The law of bankruptcy basically has to pay more attention and give a proportionate legal protection between the interests of debtors to creditors, even also the interests of other credi-tors, who do not have a file in the bankruptcy process. Unfortunately, the legal protection for the other creditors which is regulated in Article 10 Law No. 37/2004 contains many weak-nesses and give many erroneous interpretation in the field of its structure, culture and the substance. Therefore, the legal enforcement and the conservatoir measures in bankruptcy law which has been intended to protect the legal interests of what we called “the other credi-tors” in the commercial court decision becomes unpredictable.Keyword : bankruptcy, other creditors, debtors.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

scholarly journals PERLINDUNGAN HUKUM BAGI KREDITUR PEMEGANG HAK TANGGUNGAN TERHADAP SENGKETA AGUNAN YANG MENGAKIBATKAN BATALNYA PERJANJIAN KREDIT

2018 ◽  
Vol 1 (1) ◽  
pp. 26
Author(s):  
Fransisca Kusuma Aryani ◽  
Gunawan Djajaputra
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
Third Party ◽  
District Court ◽  
Good People ◽  
Warning Letter ◽  
The Law ◽  
Debt Repayment ◽  
Credit Agreement

The process of granting credit with the guarantee of Mortgage Rights experienced many obstacles, one of which is the cancellation of credit agreement due to a lawsuit from a third party. Examples of problems that will researchers take is a case between PT PNM as creditor and Erlinawati as a debtor. Erlinawati applied for credit to PT PNM and pledged SHM No. 1716 without her husband's agreement, Bagus Satriya. As time went by, Erlinawati could not fulfill its obligations as stipulated in the credit agreement, and then PT PNM sent a warning letter to Erlinawati. Good people who know the land and buildings of his property are used as a direct guarantee to file a lawsuit to the Blora District Court. The Blora District Court ruled that credit agreements and Deed of Mortgage Rights (APHT) are invalid and null and void. So far the legal protection for debtors who have sued from the other party on the guarantee given by the creditor has not been regulated specially in the legislation. The law only regulates bad debts and debt repayment through the execution process stipulated in the Law on Banking and Insurance Rights Act. Legal protection that creditor can use when obtaining a lawsuit from a third party is by using the general guarantees provided for in Articles 1131 and 1132 of the Civil Code.

Cyber crime, computer crime or cyber offense? The analysis of the features of a terminology application

2021 ◽  
pp. 85-90
Author(s):  
R. Baranenko
Keyword(s):  
Computer Networks ◽  
Cyber Security ◽  
Criminal Liability ◽  
Computer Systems ◽  
Criminal Code ◽  
Computer Crime ◽  
International Treaties ◽  
Computer Data ◽  
Criminal Offenses ◽  
The Law

Today cybercrime and computer terrorism are identified as one of the threats to Ukraine’s national security in the information sphere. Cybersecurity measures include achieving and maintaining security features in the resources of an institution or users, aimed at preventing relevant cyber threats. Cybercrime is a set of criminal offenses committed in cyberspace by computer systems or by using computer networks and other means of access to cyberspace, within computer systems or networks, as well as against computer systems, computer networks and computer data, has been widely developed. The paper considers such terms as «computer crime», «information crime», «crime in the field of computer information», «crimes in the field of information technology». Scientific works of domestic and foreign researchers on the issues of countering cybercrime are analyzed. The connection of the concept of «cybersecurity» with the terms «cybercrime», «computer crime» and «cybercrime» the concepts of «cybercrime» was given. The difference in the interpretation of the concepts «cybersecurity» and «information security» was considered. The definitions of «cybercrime», «computer crime» and «cyber offense» were given for comparison. Their main features were considered. The concept of «computer victimhood» and its components were considered. With the introduction of the institute of criminal offenses in the national criminal law, the terms «cybercrime» and «computer crime» should lose their relevance, as evidenced by the change of title of Chapter XVI of the Criminal Code of Ukraine to «Criminal offenses in the use of electronic computing machines (computers), systems and computer networks and telecommunications networks». Therefore, instead, we can recommend the use of the term «cyber offense», which we propose to understand as «socially dangerous criminal act in cyberspace and/or using it, liability for which is provided by the law of Ukraine on criminal liability and/or which is recognized as a criminal offense by international treaties of Ukraine, and cybercrime is a set of cyber offences». It is clear that this will require the introduction of appropriate terminological changes in the Law of Ukraine «On the Basic Principles of Cyber Security of Ukraine» and other regulations.

scholarly journals Analisis Hukum terhadap Anak yang Sudah Kawin sebagai Subyek yang Berhadapan dengan Hukum (Studi Kasus Putusan Pengadilan Negeri Sampit Nomor: 03/Pid.Sus Anak/2015/PN.Spt)

2020 ◽  
Vol 1 (3) ◽  
pp. 232-240
Author(s):  
Nanang Ibrahim Soleh ◽  
Heriamariaty ◽  
Thea Farina ◽  
Nor Asriadi
Keyword(s):  
Court Decision ◽  
District Court ◽  
Married Child ◽  
Legal Problems ◽  
Age Limit ◽  
The Law ◽  
Point Of Departure ◽  
Laws And Regulations

Children are gifts and entrusted from God who are given talents and dignity as a whole creature. During their lifetime, children sometimes face legal problems such as narcotics abuse. This becomes complicated while the child has been married and being a subject against the law. The determination the age limit for children is still a debate because sev-eral laws and regulations provide different figures. This is, indeed, a crucial matter because it will affect legal conse-quence to the children, especially for those who deal with narcotics crime. Based on this point of departure, the authors examine Sampit District Court Decision Number: 03/Pid.SusAnak/2015/PN.Spt regarding narcotics abuse by a married child.

scholarly journals ASPECTS OF INSOLVENCY IN CRIMINAL LAW

2015 ◽  
Vol 3 (72) ◽  
pp. 18
Author(s):  
Ivars Kronis
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Legal Protection ◽  
Case Law ◽  
Behavior Patterns ◽  
Insolvency Law ◽  
Legal Norms ◽  
The Law ◽  
Insolvency Proceedings

The article contains analysis of the legal norms that govern criminal liability for risks posed to insolvency. Based on case law and conclusions made by the law scholars, the preconditions have been studied the presence of which has to be proven in order to enable calling of a person to criminal account for leading to insolvency, filing of a fraudulent application for insolvency proceedings, hindering the insolvency proceedings and breach of the conditions of legal protection. The study enables deepen understanding of the preconditions to application of the law and helps to gain knowledge of criminal legal protection of insolvency and to avoid any behavior patterns that might be interpreted as criminal. The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and therefore has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law had been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a kind of milestone for updating the issues of criminal legal protection of insolvency and extended assessment of the insolvency regulations in the Criminal Law.

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