scholarly journals PERTANGGUNGJAWABAN PIDANA BAGI ANAK YANG MELAKUKAN KEKERASAN FISIK TERHADAP PEMBANTU RUMAH TANGGA (Analisis Putusan Nomor: 27/Pid.Sus-Anak/2014/PN.MDN)

2017 ◽  
Author(s):  
Atikah Rahmi ◽  
Suci Putri Lubis

The imposition of criminal sanctions on children effects bad mental for development of children. Medan District Court has given criminal sanctions to children through Decision Number: 27/Pid.Sus-Anak/2014/Pn.Mdn. This verdict becomes interesting object to examine in aiming to know the criminal liability imposed on the child by analyzing the decision. This research is a normative juridical research with case approach, while its characteristic is descriptive. Data analysis is done by qualitative juridical. Based on the results of the research and analysis carried out that criminal liability of court handed over the child is considered ineffective, because the modern punishment system does not apply torture to children but more attention to the best interests for children.

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.


Author(s):  
Satya Marta Ruhiyat ◽  
Ismansyah Ismansyah ◽  
Nani Mulyati

Corporations at this time are no longer just subjects of ordinary law, but corporations are now a forum for corruption. Corporate criminal sanctions in Decision Number Number: 94 / Pid.Sus-TPK / 2017 / PN.Jkt.Pst the judge imposes criminal sanctions not only on the accused individual but also imposes criminal sanctions on the corporation PT. Duta Graha Indah (PT.DGI). In 2009-2010 PT. DGI through its main Director at that time made an agreement in the arrangement of the development projects for special infection hospitals and tourism at Udayana University in the 2009 and 2010 fiscal years in order to win PT DGI as the implementation of work (partners). Problems in ensnaring corporations against cases of corruption committed by corporations are still difficult to implement in Indonesia. So that the judge's consideration in the decision becomes the basis for making a decision for the judge in imposing criminal penalties on the corporation PT. DGI. The research method used is normative juridical. From the results of the study, it can be concluded that judges based on vicarious criminal liability assess the existence of a working relationship in which the mens rea drawn in the defendant knows corruption but is passive with actus reus drawn from the actions of the head of the PT. Other DGIs to coordinate with other parties for and on behalf of corporations that cause illegal acts. The judge considered the mistakes imposed on the corporation were mistakes made by the management so that the corporation could be held responsible for criminal acts of corruption that had been committed.


2018 ◽  
Vol 11 (2) ◽  
pp. 171
Author(s):  
Oksimana Darmawan

ABSTRAKIllegal fishing adalah kegiatan penangkapan ikan yang bertentangan dengan perundang-undangan suatu negara atau ketentuan internasional. Mengingat kerugian yang ditimbulkannya sangat besar dan sebagian besar pelakunya adalah korporasi, maka perlu dikaji bagaimana pertanggungjawaban pidana korporasi terhadap tindak pidana ini. Tulisan ini mengkaji bagaimana Putusan Nomor 01/PID.SUS/PRK/2015/PN.AMB terhadap kapal asing yang melakukan praktik illegal fishing di perairan Indonesia. Metode analisis yang diterapkan untuk menjawab permasalahan adalah dengan menggunakan metode yuridis kualitatif. Pelaku tindak pidana illegal fishing di wilayah perairan Indonesia secara umum adalah setiap orang yang diartikan perseorangan atau korporasi. Dalam hal pertanggunggjawaban pidana korporasi disebutkan dalam Pasal 101 Undang-Undang Nomor 31 Tahun 2004 tentang Perikanan jo. Undang-Undang Nomor 45 Tahun 2009 tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 2004 tentang Perikanan, diketahui bahwa Indonesia masih menganut sistem pertanggungjawaban yang kedua, yaitu korporasi sebagai pembuat dan pengurus yang bertanggung jawab. Hal ini tampak tidak sebanding dengan efek dari kejahatan yang dilakukan. Oleh karena itu, perlu diadakan revisi terhadap undang-undang tersebut, sehingga korporasi sebagai pelaku kejahatan yang sesungguhnya dapat dimintai pertanggungjawaban dan dijatuhi sanksi pidana.Kata kunci: hukum laut dan perikanan, pertanggungjawaban pidana korporasi, illegal fishing. ABSTRACT Illegal fishing refers to activities which contravene a state’s fisheries law and regulations, or international conventions. Considering that the losses incurred are so massive and most of the perpetrators are corporations, the corporate criminal liability for this crime should be appraised. This paper examines how the Ambon District Court Decision Number 01/PID.SUS/PRK/2015/ PN.AMB responds to foreign vessels conducting illegal fishing in Indonesian waters. The problem was analyzed using qualitative juridical methods. The perpetrators of illegal fishing in Indonesian territorial waters in general are anyone as an individual or corporation. In corporate criminal liability, as stated in Article 101 of Law Number 31 of 2004 concerning Fisheries, Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, Indonesia still adheres to the second system of liability, in which the corporation as the responsible decision maker and board. This seems to be out of proportion to the effects of the crimes committed. Therefore, it is necessary to revise the law, so that corporation as the perpetrator can actually be held accountable and become a legal subject to criminal sanctions. Keywords: marine and fisheries law, corporate criminal liability, illegal fishing.


Author(s):  
Suparman Suparman ◽  
Achmad Dahlan Muchtar ◽  
Putriyani S. ◽  
Saidang Saidang

This research describes the role of Muhammadiyah organizations in fostering Islamic communities in Enrekang Regency. The problems examined in this paper are focused on the development of Muhammadiyah in Enrekang Regency and the role of Muhammadiyah organizations through the charity of its efforts in fostering the Islamic community in Enrekang Regency. This research is a qualitative descriptive study using historical, sociological, cultural, religious and educational approaches. The instruments used in this study were researchers doing with aids in the form of interview guidelines, cameras and voice recorders. The data analysis technique used is a descriptive data analysis. The results showed that Muhammadiyah association quickly developed branches and branches to all corners of the village, several educational business charities established ranging from paud/kindergarten level to higher education, and the growing number of Muhammadiyah members and sympathizers. The construction of the Muhammadiyah Alliance through branches and branches and charitable efforts in fostering Islamic society slowly shifted the religious attitude of the community coloured by the traditions of Hinduism, animism and dynamism (shirk) to the Tauhid faith.


Author(s):  
Klaus Krickeberg ◽  
Pham Van Trong ◽  
Pham Thi My Hanh

2021 ◽  
Vol 8 (3) ◽  
pp. 1285-1298
Author(s):  
Diana Anggraeni ◽  
Herland Franley Manalu ◽  
Desty Anggraini

Humans have gone through many incidents, both good and bad experiences, and sometimes these experiences are shared with others in the form of stories. The stories, as one of the forms of literary works, would be nothing without the created characters within them because they provide the viewers with a purpose and a reason for us to learn about what happens in the story. Besides, they act as one important element in the movie with various psychological effects. This research aims to analyze the characteristics and the hierarchy of human needs, especially esteem needs, that appear in the main character named Will Traynor in the ‘Me Before You’ movie directed by Thea Sharrock. This study uses descriptive data analysis which describes a phenomenon and the main character in the movie. The results revealed seven characters comprising the esteem needs hierarchy: sensitive, open-minded, friendly, kind, confident, humble, and stubborn. The esteem needs hierarchy is the desire to have the need to be approved, valued, and recognized to have some self-esteem. This is striking in the movie because of the status of the character, Will Traynor as a lord, and Louisa Clark who is only a maid and has no superiority over Will in her life. The findings imply the personality of humans differ in their characters and psychology as shown from the esteem needs hierarchy in Will’s personality expressing the different types of characteristics.


2022 ◽  
Vol 75 (suppl 1) ◽  
Author(s):  
Mônica Alice Santos da Silva ◽  
Morgana Cristina Leôncio de Lima ◽  
Cynthia Angélica Ramos de Oliveira Dourado ◽  
Clarissa Mourão Pinho ◽  
Maria Sandra Andrade

ABSTRACT Objective: To investigate the nursing professionals’ biosecurity in confronting COVID-19. Methods: This is a Survey type study. Nursing professionals were invited via messaging apps, using self-applied data collection forms. The sample selection (n=693) was non-probabilistic. A descriptive data analysis was conducted. Results: considering the biosafety aspects in facing COVID-19, 79.0% of the participants had not received training or considered it insufficient, 69.3% reported the lack of personal protective equipment during work, and 81.8% did not feel safe with the internal flux adaptations for handling COVID-19 cases. Conclusion: Continuous and effective nursing team training and personal protective equipment availability are necessary, as well as internal flow adjustments for attending suspected or confirmed cases.


2021 ◽  
Vol 3 (2) ◽  
pp. 212-226
Author(s):  
Failin Failin

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal


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