Perlindungan Hukum Terhadap Korban Perdagangan Perempuan Dan Anak (Trafficking) (Studi Pengadilan Negeri Medan)

Human trafficking is a special criminal act that has been going on for a long time and is very difficult to eradicate. Medan City is one of the biggest cities in Indonesia which is one of the cities contributing to the exploitation of women and children, due to population growth that is far more dominant by women compared to men. This type of research is a normative juridical descriptive nature. Forms of legal protection for victims of trafficking of women and children are direct and indirect. It can directly be in the form of compensation in the form of restitution and compensation, and providing protection in the rights of other victims, such as giving a new identity, granting physical and psychological rehabilitation, and so forth. Indirect protection is the pouring of rules regarding trafficking for potential victims with the threat of criminal confinement and fines. In upholding the law to traffickers, it can be carried out in several stages, namely investigation and investigation by the police, examination of the completeness of case files by the public prosecutor, examination in trial, and carrying out a decision (execution) from the court

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PERLINDUNGAN HUKUM BAGI PIHAK-PIHAK YANG BERITIKAD BAIK DALAM PEMBATALAN PERJANJIAN JUAL BELI TANAH DAN BANGUNAN (Studi Kasus Nomor 29/Pdt. G/2014/PN. Wsb)

Jurnal Akta ◽

10.30659/akta.v4i2.1780 ◽

2017 ◽

Vol 4 (2) ◽

pp. 167

Author(s):

KERI SANTOSA ◽

Lathifah Hanim

Keyword(s):

Legal Protection ◽

Secondary Data ◽

Good Faith ◽

Primary Data ◽

Public Prosecutor ◽

The Public ◽

Is Research ◽

Library Research ◽

Empirical Law ◽

The Law

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building

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VIOLATIONS AND LAW ENFORCEMENT AGAINST MARK VIEWED FROM LAW NO. 20 OF 2016 CONCERNING MARK AND GEOGRAPHICAL INDICATIONS

UNTAG Law Review ◽

10.36356/ulrev.v2i2.923 ◽

2018 ◽

Vol 2 (2) ◽

pp. 169

Author(s):

Bakti Trisnawati

Keyword(s):

Law Enforcement ◽

Human Resources ◽

Economic Value ◽

Legal Protection ◽

Public Prosecutor ◽

Geographical Indications ◽

Material Wealth ◽

The Public ◽

Directorate General ◽

The Law

Right on marks are a source of material wealth for their owners because they have economic value that can bring high profits. Marks in trade also have dual functions as competition tools and monopoly tools. Therefore, every mark owner needs to register his mark in order to get legal protection. Because in reality everyday there are many violations of the mark even though the mark has been registered, so the registered mark owner feels aggrieved. Violations due to people wanting to make a profit by cutting short the example of a registered and well-known mark, in addition to the Human Resources of the Directorate General of Intellectual Property itself also lacks control over the law on mark, so marks that should be rejected by many are approved. In addition, the Law Enforcement has indeed been implemented, but not maximal. This can be seen from the demands and fines of the Public Prosecutor and the Decision of the Panel of Judges is still very light

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Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

Die Verwaltung ◽

10.3790/verw.53.4.535 ◽

2020 ◽

Vol 53 (4) ◽

pp. 535-574

Author(s):

Boas Kümper

Keyword(s):

Environmental Law ◽

Legal Protection ◽

European Court Of Justice ◽

Power Lines ◽

The Public ◽

General Law ◽

Court Of Justice ◽

European Court ◽

The Law ◽

Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

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Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

Journal of Law and Border Protection ◽

10.52617/jlbp.v2i1.189 ◽

2020 ◽

Vol 2 (1) ◽

pp. 35-45

Author(s):

Doniar Andre Vernanda ◽

Tony Mirwanto

Keyword(s):

Law Enforcement ◽

Civil Servant ◽

Immigration Law ◽

Public Prosecutor ◽

Law Enforcement Agencies ◽

The Public ◽

Criminal Sanctions ◽

Case Files ◽

National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

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The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽

10.30659/akta.v5i2.3175 ◽

2018 ◽

Vol 5 (2) ◽

pp. 481

Author(s):

Arif Budi Pamungkas ◽

Djauhari Djauhari

Keyword(s):

Research Method ◽

Online Auctions ◽

Legal Protection ◽

Legal Certainty ◽

Legal Research ◽

The Public ◽

State Office ◽

The Law ◽

The Right ◽

The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

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LEGAL PROTECTION OF CHILDREN AS VICTIMS OF HUMAN TRAFFICKING BASED ON JUSTICE VALUE

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v4i2.1739 ◽

2017 ◽

Vol 4 (2) ◽

pp. 149

Author(s):

Anis Mashdurohatun ◽

Wa Ode Khatija Rasia

Keyword(s):

Human Trafficking ◽

International Cooperation ◽

Legal Protection ◽

Secondary Data ◽

Cultural Factors ◽

State Agencies ◽

Factors Affecting ◽

The Public ◽

Source Data

The purpose of this study is to examine and analyze f actor Factors affecting the legal protection of children as victims of human trafficking and formulating legal protection based on values of justice.Method The approach used in this study is normative, where the source data comes from secondary data, which consists of primary legal materials, secondary and tertiary. The results found that thefactors that most influence the occurrence of the crime of trafficking of children is a factor of economic and cultural factors. P potential protective laws against child as a victim of human trafficking based on values of justice, in a preventive form a variety of legislation, cooperation and coordination between state agencies, international cooperation and conduct socialization to the public about the dangers of human trafficking crimes. And repressively impose sanctions that are oriented to the victim.

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Legislation on Administrative Procedures: The German Experience

Siberian Law Review ◽

10.19073/2658-7602-2021-18-2-204-215 ◽

2021 ◽

Vol 18 (2) ◽

pp. 204-215

Author(s):

A. D. Maile

Keyword(s):

Public Administration ◽

Legal Protection ◽

Public Law ◽

The Public ◽

Administrative Procedure ◽

Procedural Law ◽

General Order ◽

Administrative Procedures ◽

Administrative Act ◽

The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

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Perlindungan Hukum Terhadap Intervensi Pemberitaan dalam Kerangka Kemerdekaan Pers Nasional

Ajudikasi Jurnal Ilmu Hukum ◽

10.30656/ajudikasi.v3i1.1436 ◽

2019 ◽

Vol 3 (1) ◽

pp. 75

Author(s):

Fuqoha Fuqoha ◽

Indrianti Azhar Firdausi ◽

Arga Eka Sanjaya

Keyword(s):

Qualitative Study ◽

Code Of Ethics ◽

Legal Protection ◽

The Public ◽

The Press ◽

The World ◽

A Priority ◽

The Law ◽

Journalistic Ethics ◽

Descriptive Qualitative

Law protection for journalists has been guaranteed through legislation as outlined in law number 40 of 1999 concerning the press. Through the press law, the independence of the national press is a priority as a form of protection in the world of the press. In order to safeguard the independence of the national press, an independent body was formed which took care of and supervised the national press, the press council. Among the duties and functions of the press council is to enforce journalistic ethics through a journalistic code of ethics as a guide for journalists both journalists and press companies. The dynamics that occur, violations of the journalistic code of ethics sometimes create clashes with the public or the community who feel disadvantaged which results in conflict with the law. This research is a descriptive qualitative study with a normative juridical approach. From the analysis of this study shows that legal protection against violations of the journalistic code of ethics and the independence of the national press is adjusted to the main laws of the press against the intervention of parties who feel disadvantaged. The independence of the national press is directed at independence and without intervention in a story.

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IN SEARCH OF THE SUBJECTIVE PUBLIC LAW: CONDITIONS FOR PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE

Administrative law and process ◽

10.17721/2227-796x.2019.4.01 ◽

2019 ◽

pp. 5-14

Author(s):

Peter Chvosta

Keyword(s):

Public Interest ◽

Legal Protection ◽

The Public ◽

Legal Provisions ◽

Public Rights ◽

Administrative Act ◽

The Law ◽

Administrative Jurisdiction ◽

The Individual ◽

Public Right

Purpose. The article is devoted to the legal figure of subjective public right in the context of legal protection in administrative matters. Methods. Based on the historical development of administrative jurisdiction in Austria and Germany in the 19th century, the function of the subjective public right is discussed in more detail: When the legislator grants citizens subjective public rights (and thus enforceable claims against the administration), the citizen can assert his or her individual interests before the courts by means of a right of defence against the state. At the same time, this results in an external legal control of the administration (compared to a mere internal administrative control by way of disciplinary measures) and thus promotes the rule of law of administrative action, which is in the public interest. Results. By pursuing his subjective public right, the citizen acting in his own interest indirectly contributes to the correct enforcement of the law. In a sense, he acts as an assistant to the public interest. The granting of a subjective public right also limits the group of persons who can take action against an administrative act, since otherwise anyone could challenge an administrative act. If the legislator has not expressly stipulated in the law which persons are entitled to a subjective public right in which respect, the determination of subjective public rights can be difficult in individual cases: When the law provides for a permit subject to certain conditions, the addressee of an administrative act is necessarily entitled to obtain a permit if the conditions required by law are met. The question is more complex in the case of persons who are not the addressee of an administrative act but who are affected by its effects. In this case, it must be determined by way of interpretation whether the legal provisions whose violation the citizen claims to have violated were passed not only to protect public interests but also, at least, in the interests of individual persons. Only then is there also a subjective public right of the individual to compliance with this provision. Conclusions. The legislator can avoid difficulties of interpretation by means of clear rules on the granting of subjective public rights. In particularly important administrative matters (e.g. approval of infrastructure projects), where the granting of subjective public rights is not sufficient to ensure judicial control of administrative acts, a larger group of persons can be granted party status.

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MKRI. PERLINDUNGAN HAK ANAK DALAM PELAKSANAAN PROGRAM IMUNISASI DI KABUPATEN KARANGANYAR (Kajian Kasus Penolakan Imunisasi Anak Di Kabupaten Karanganyar)

Jurnal Hukum dan Pembangunan Ekonomi ◽

10.20961/hpe.v5i2.18266 ◽

2017 ◽

Vol 5 (2) ◽

Author(s):

Dwi Rusharyati ◽

Widodo.T Novianto ◽

Moch. Najib Imanullah

Keyword(s):

Legal System ◽

Legal Protection ◽

Primary Data ◽

Childhood Immunization ◽

Immunization Program ◽

Child Immunization ◽

The Public ◽

Legal Structure ◽

Rights Of The Child ◽

The Law

Abstract This article aims to explain the causes of the rejection of child immunization and efforts should be made so that the implementation of the childhood immunization program is well received in the protection of the rights of children in Karanganyar. This type of research is empirical. Form of research is exploratory. The data used are primary data and secondary data collection methods of documentation and interviews. Analysis of data using qualitative analysis. Based on the description of the results of research and discussion in connection with the considered problem with the theory of the legal system and application of the theory of law, it can be concluded that the factors that led to the rejection of immunization is: (a) the legal structure has not been able to implement the rules contained in the law; (b) legal norm or rule can not be implemented fully in society; (c) Most people do not understand the law and legal content community do not know the benefits of the existing law. Efforts should be made so that the implementation of the childhood immunization program is well received by all communities in Karanganyar district are: (a) the legal structure should be addressed; (b) The public policy context with the real conditions in the field or community legal norms or rules that can be applied; (c) promoting positive law and the laws governing the contents of the immunization program to the public so that people understand them. As for the consequences of the legal system are not addressed, then the rejection of child immunization will still occur and may tend to increase. The rights of children to be immunized and the rights of children born to avoid the diseases that threaten the survival and/or cause disability unprotectedKeywords: Legal Protection; Rights of the Child; Immunization Program.Abstrak Artikel ini bertujuan menjelaskan faktor penyebab terjadinya penolakan imunisasi anak dan upaya yang harus dilakukan agar pelaksanaan program imunisasi anak dapat diterima dengan baik dalam upaya perlindungan hak-hak anak di Kabupaten Karanganyar. Jenis penelitian adalah empiris. Bentuk penelitian adalah eksploratif. Data yang digunakan adalah data primer dan data sekunder dengan metode pengumpulan data dokumentasi dan wawancara. Analisis datanya menggunakan analisis kualitatif. Berdasarkan deskripsi hasil penelitian dan pembahasan sehubungan dengan masalah yang dikaji dengan teori sistem hukum dan teori penerapan hukum, dapat disimpulkan bahwa faktor yang menyebabkan terjadinya penolakan imunisasi adalah : (a) Struktur hukumnya belum mampu melaksanakan aturan yang ada dalam hukum; (b) Norma atau aturan hukumnya belum dapat diterapkan sepenuhnya di masyarakat; (c) Sebagian masyarakat belum memahami hukum dan isi hukum sehingga masyarakat belum mengetahui manfaat dari hukum yang ada. Upaya yang harus dilakukan agar pelaksanaan program imunisasi anak dapat diterima dengan baik oleh semua masyarakat di Kabupaten Karanganyar adalah : (a) struktur hukumnya harus dibenahi; (b) Adanya kebijakan publik yang lebih kontekstual dengan kondisi riil di lapangan atau masyarakat sehingga norma atau aturan hukumnya dapat diterapkan; (c) mensosialisasikan hukum positif dan isi hukum yang mengatur tentang program imunisasi kepada masyarakat sehingga masyarakat memahaminya. Adapun konsekuensi apabila sistem hukumnya tidak dibenahi, maka penolakan imunisasi anak akan tetap terjadi dan mungkin cenderung meningkat. Hak anak untuk mendapatkan imunisasi dan hak anak yang lahir terhindar dari penyakit yang mengancam kelangsungan hidup dan/atau menimbulkan kecacatan belum terlindungi.Kata kunci: Perlindungan Hukum: Hak Asasi Anak; Program Imunisasi.

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