scholarly journals Tinjauan Yuridis Cerai Gugat Akibat Kekerasan Dalam Rumah Tangga (Studi Putusan No. 23/Pdt.G/2015/PN. Lbp)

2020 ◽  
Vol 2 (2) ◽  
pp. 189-199
Author(s):  
Eno Karnis Tafanao ◽  
Taufik Siregar ◽  
Sri Hidayani
Keyword(s):  
Domestic Violence ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Criminal Code ◽  
Head Of Household ◽  
Court Judge ◽  
Article 5 ◽  
Husband Violence ◽  
Case Number ◽  
Legal Marriage

Divorce is the termination of a legal marriage before a court judge based on conditions determined by law. Therefore it is necessary to understand the spirit of the rules regarding divorce and the causes and consequences that may arise after the husband and wife have broken marriages. This type of research is normative juridical research and the nature of this research is descriptive analysis. Factors causing divorce are disputes and quarrels that have occurred continuously then the peak of disputes in the Plaintiff and Defendant's household in 2005 until now the Defendant has left the residence together. Defendant as head of household cannot carry out his obligations as a good head of household. Legal protection for wives who are victims of husband violence is regulated in several laws and regulations, including in the Criminal Code Article 356 of the Criminal Code, in the Marriage Law (Law No. 1, 1974) Article 24. PP No. 9 Tabun 1975 Article 19 letter d and the Law on the Elimination of Domestic Violence (Law No. 23 of 2004). The basis for consideration of the Panel of judges in deciding the case for divorce is case number 23 / Pdt.G / 2015 / PN.Lbp, namely the application of Article 5 letter (b) Number 23 of 2004 concerning the Elimination of Domestic Violence, Article 19 letter (f) of the Regulation Government Number 9 of 1975.

scholarly journals Kedudukan Alat Bukti Website dalam Penanganan Tindak Pidana Terorisme (Studi Putusan Nomor 140/PID.SUS/2018/PN.JKT.SEL)

2020 ◽  
Vol 1 (1) ◽  
pp. 130-134
Author(s):  
Gemaya Wangsa ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Wayan Arthanaya
Keyword(s):  
Digital Media ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Electronic Evidence ◽  
Procedure Code ◽  
Valid Evidence ◽  
Device Classification ◽  
Article 5 ◽  
Case Number

The development of information technology and correspondence resulted in a shift in the format of print media to digital media, so that this growth was followed by the continuation of the development of a new criminal class that rode digital media in criminal acts of terrorism. This study aims to determine the regulations for the use of website evidence and the position of using website evidence in handling terrorism crimes in case number 140 / Pid.Sus / 2018 / PN.Jkt.Sel. This research uses a normative legal exploration method whose data comes from the determination related to the use of website evidence in Article 184 of the Criminal Code. The results of the research show that the determination of the exploitation of website evidence, which when based on Article 184 of the Criminal Procedure Code, means that electronic material is not classified as an abash instructional device classification, but if it is based on statutory regulations in a special crime, the electronic evidence media has resistance as a valid evidence, this can be seen in the provisions of Article 5 paragraph (1) of the ITE Law which are reaffirmed in the provisions of Article 44 of the ITE Law. Utilization of electronic evidence in the process of evidence in court is sourced from website evidence in law enforcement for criminal acts of terrorism in the Case Number 140 / Pid.Sus / 2018 / PN.Jkt.Sel scandal. Criminal Procedure, especially Article 184 of the Criminal Procedure Code, but has a judicial guideline that the judge cannot refuse to explore and decide the matters brought against him, provided that the law is unclear or non-existent, then the judges' rules should expose the meaning of continued and continuous law in the consortium, up to the provisions as contained in the ITE Law which regulates electronic instruction instruments as valid instruction devices.

scholarly journals OPTIMALIZATION OF LEGAL PROTECTION FOR FEMALE HOUSEMAIDS IN INDONESIA

2019 ◽  
Vol 4 (2) ◽  
pp. 256
Author(s):  
Marzellina Hardiyanti ◽  
Ani Purwanti
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Legal Framework ◽  
Vulnerable Groups

Housemaids are one of the most vulnerable groups to violence and unfair wage. The problem is that, in Indonesia, female comprised 90% of the housemaids, thus making them even more vulnerable. Several cases of physical, psychological, and sexual violence that happened against housemaids are due to discriminative environment. This problem is what urges for the access of justice for female housemaids in Indonesia, thus the focus of this article. The research of this article used the normative legal approach based on literature studies and descriptive analysis towards the problem. The urgency of legal protection for female housemaids in Indonesia is caused by the prevalence of domestic violence and unfair compensation. Therefore, a comprehensive and exhaustive legal framework is needed to provide a sufficient access of justice mechanism for female housemaids, such as a legislative act specified for them. Rehabilitation is also a vital mechanism, especially to housemaids who suffered from violence by providing them temporary shelters, counseling, and protection from retalitation.

scholarly journals Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 147
Author(s):  
Nur Dwi Edie W ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Field Observation ◽  
Justice System ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Observation Methods ◽  
Case Number

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code.�Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.

scholarly journals Comparasion Of Insult Regulation Towards President/Vice President In The Decree of The Constitutional Court

2021 ◽  
Vol 2 (1) ◽  
pp. 27-38
Author(s):  
Robinsius Asido Putra Nainggolan
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Vice President ◽  
Criminal Code ◽  
Policy Formulation ◽  
Research Data ◽  
Constitutional Court ◽  
Court Judge ◽  
Library Research ◽  
The Government

The reform of criminal law in Indonesia, which has become one of the discourses, is the Article regarding insults to the President and Vice President in the 2019 RUUKUHP. The government re-included several articles of insulting the president in the Draft Criminal Code formulation, which the Constitutional Court deleted through Decision Number: 013.022/PUU IV/2006. So the problem in this research is how the policy formulation of offense against the President and Vice President is following the formulation of the RUUKUHP and how the comparison of articles on insulting the President and Vice President in the formulation of the Draft Criminal Code with the Constitutional Court Judge Decision No: 013.022/PUU IV/2006. The research method used is juridical normative based on secondary data through library research data collection and data analysis. The discussion results show that the policy for the formulation of offense against the President/Vice President following the formulation of the RUUKUHP is an effort to provide legal protection to the President/Vice President as a symbol in state life. Comparing articles regarding insults to the President and Vice President in the formulation of the RUUKUHP with the Constitutional Court Decision No: 013.022/PUUIV/2006 have both similarities and differences.

PERANAN PENGADILAN TATA USAHA NEGARA YOGYAKARTA DALAM MENYELESAIKAN SENGKETA PERANGKAT DESA (STUDI KASUS PERKARA NOMOR: 3/G/2017/PTUN.YKTENTANG PEMILIHAN PERANGKAT DESA BANTUL)

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Ajeng Rahmadani ◽  
Ari Retno
Keyword(s):  
Qualitative Method ◽  
Descriptive Analysis ◽  
Research Subjects ◽  
Training And Education ◽  
The Public ◽  
Court Judge ◽  
The Village ◽  
Case Number ◽  
Selection Of

Abstrak AJENG RAHMADANI. Peranan Pengadilan Tata Usaha Negara Yogyakarta Dalam Menyelesaikan Sengketa Perangkat Desa. Fakultas Keguruan dan Ilmu Pendidikan. Universitas PGRI Yogyakarta. Juli 2020. Penelitian ini bertujuan untuk menganalisis tentang Peranan Pengadilan Tata Usaha Negara Yogyakarta dalam menyelesaikan sengketa perangkat Desa Bantul dengan perkara Nomor 3/G/2017/PTUN.YK tentang pemilihan perangkat Desa Bantul, terdapat pihak yang bersengketa yaitu pihak penggugat peserta seleksi pamong Desa Bantul dan tergugat (Lurah Desa Bantul). Penelitian ini menggunakan metode kualitatif. Peneliti mengumpulkan data dengan melakukan observasi, wawancara dan dokumentasi. Subjek penelitian yaitu: (1) Hakim PTUN Yogyakarta, (2) Panitera Pengganti, dan (3) Juru sita. Analisis data dilakukan dengan menggunakan teknik analisis deskriptif. Pemeriksaan keabsahaan data menggunakan teknik triangulasi. Hasil penelitian ini menyimpulkan Peranan Pengadilan Tata Usaha Negara Yogyakarta dalam menyelesaikan sengketa mengenai pemilihan perangkat Desa Bantul melalui perkara Nomor 3/G/2017/PTUN.YK yaitu 1) Menerima gugatan berupa surat gugatan yang didaftarkan pada tanggal 2 Februari 2017 dari 6 orang peserta seleksi pamong Desa Bantul, Kecamatan Bantul, Kabupaten Bantul melalui juru sita PTUN Yogyakarta. 2) Memeriksa surat dan berkas gugatan dengan perkara Nomor:3/G/2017/PTUN.YK tentang pemilihan perangkat Desa Bantul, diperiksa oleh ketua dan panitera PTUN Yogyakarta. Pemeriksaan persiapan sebanyak 6 kali persidangan dari tanggal 13 Februari-20 Maret 2017 yang bersifat tertutup untuk umum dan dilanjutkan persidangan sebanyak 10 kali dari tanggal 29 Maret-7 Juni 2017 yang bersifat untuk umum. 3) Putusan sengketa perangkat Desa Bantul dengan perkara Nomor: 3/G/2017/PTUN.YK pada tanggal 7 Juni 2017 oleh majelis hakim PTUN Yogyakarta yang memberikan putusan dengan menolak semua gugatan dari tergugat dan memberikan hukuman penggugat untuk membayar biaya persidangan sebanyak Rp 394.000,00 (tiga ratus sembilan puluh empat ribu rupiah). 4) Menyelesaikan dengan memberikan putusan perkara sengketa perangkat Desa Bantul, para penggugat melakukan minutasi pada tanggal 15 Juni 2017. Kata Kunci : Peranan, PTUN, Sengketa Perangkat Desa Abstract AJENG RAHMADANI. The Role of Yogyakarta State Administrative Court in Resolving Village Apparatus Disputes. Faculty of Teacher Training and Education. Yogyakarta PGRI University. July 2020. This study aims to analyze the role of the Yogyakarta State Administrative Court in resolving disputes in village officials with case Number 3/G/2017/ PTUN.YK above electionforces Village Bantul, there are parties to the dispute namely the plaintiff (six person Bantul Village selection participant) and the defendant (village head of Bantul village). This study uses a qualitative method. Researchers collect data by observing, interviewing and documenting to obtain complete and detailed data. Research subjects using purposive techniques or only informants who know the dispute of village officials, namely: (1) Yogyakarta Administrative Court Judge, (2) Substitute Registrar, and (3) and confiscator. Data analysis was performed using descriptive analysis techniques. Checking the validity of the data using triangulation techniques. The results of this study concluded the role of the Yogyakarta administrative court in resolving Bantul Village device with Case number 3/G/2017/Ptun. YK is 1) received a lawsuit in the form of a lawsuit registered on 2 February 2017 from 6 participants of the selection of the village of Bantul, District Bantul, Bantul regency through the arrest of Ptun Yogyakarta. 2) Check the letter and file of the lawsuit by article number: 3/G/2017/PTUN.YK above electionforces Village Bantul, examined by the Chairman and Clerk of the PTUN Yogyakarta. A 6-time preparatory examination from February 13 to March 20, 2017 which was closed to the public and resumed a trial 10 times from March 29 to June 7, 2017. 3) The verdict of Bantul village device dispute with the case number: 3/G/2017/PTUN. YK on 7 June 2017 by the Court of Justice of the PTUN Yogyakarta who gave the ruling by rejecting all claims from the defendant and giving the plaintiff punishment to pay a trial fee of Rp 394,000.00 (three hundred ninety four thousand rupiah). 4) Resolving by ruling the case of a dispute in Bantul village, the Pengguggat was on 15 June 2017. Keywords:Role, PTUN, Village Equipment Sput

scholarly journals EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 114-121
Author(s):  
Budi Aspani
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Civil Code ◽  
The State ◽  
Grace Period ◽  
Existing Problems ◽  
Court Judge ◽  
Library Research ◽  
State Administration ◽  
Conducting Research

Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.

scholarly journals Perilaku Kekerasaan Dalam Rumah Tangga Sebagai Pelanggaran Hak Asasi Manusia

2020 ◽  
Vol 1 (6) ◽  
Author(s):  
Ahmad Mukri Aji
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Criminal Code ◽  
Social Dimension ◽  
Literature Study ◽  
The Social ◽  
The Government

Abstract:Domestic violence is a behavior that can be categorized as a violation of human rights. Because this behavior results in disruption of the social dimension of humanity, due to actions that do not humanize humans in general. Even in the context of domestic violence, the perpetrators who are supposed to protect even commit acts of violence, mistreatment, intimidation and even the loss of the victim's life. The research method uses the normative juridical method, using secondary data obtained through literature study and analyzed qualitatively. The results and discussion of this study are that there are aspects of human rights violations that occur in domestic violence behavior. So the government is obliged to take action in the form of legal protection for victims by ensnaring the perpetrators with laws and regulations. Both the Criminal Code and the Law on the Elimination of Domestic Violence.Keywords: Domestic Violence Behavior, Human Rights, Violence.

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 ANALISIS PUTUSAN PIDANA BERSYARAT DALAM KASUS PENGANIAYAAN ANAK DI BAWAH UMUR (STUDI PUTUSAN NOMOR 2298/PID.SUS/2012/PN.TNG)

2018 ◽  
Vol 1 (1) ◽  
pp. 988
Author(s):  
Legita . ◽  
Mety Rahmawati
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Penalty ◽  
Criminal Offenses ◽  
Compensation Claim ◽  
One Year ◽  
Case Number ◽  
Laws And Regulations

Criminal penalty is a criminal under certain conditions. Conditional criminal provisions are regulated in Article 14a-f of the Criminal Code. The case of persecution of the case Number 2298 / Pid.Sus / 2012 / Pn.Tng, the judge ruled the conditional penalty against the perpetrator, then the problem in this research is: How qualification can be terminated as a conditional in case of maltreatment in the case Number 2298 / PID.SUS / 2012 /PN.TNG? What is the legal protection of the victim? Method used by normative juridical with supported by interview. There is no special qualification for the perpetrators of such crimes that should be condemned. The judge may decide on a conditional penalty based only on Article 14 a-f of the Criminal Code. In this case the judge's decision has fulfilled the criteria for the stipulation of a conditional penalty because the sentence does not exceed 1 (one) year. The form of legal protection for children victims of the crime of torture of their legal instruments has been regulated in several laws and regulations namely Article 14c of the Criminal Code and Article 71D of Law Number 35 Year 2014 on Child Protection jo Government Regulation Number 43 Year 2017, that every child who becomes victims of criminal offenses are entitled to restitution or indemnification. Although legal instruments provide opportunities for victims to claim compensation to the perpetrator, this opportunity is not used. The victim only requires the perpetrator to be severely punished, thus ignoring the compensation claim.

scholarly journals Progressivity of Judges in Domestic Violence Disputes Settlement in The Case of Divorce in The Religious Court

2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Nita Triana
Keyword(s):  
Domestic Violence ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Religious Texts ◽  
Court Judge ◽  
Holistic Understanding ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Religious Courts

This study aims to describe and analyze the Judge Progressiveness in the case of a �divorce �related �to domestic violence. The principle of law governing civil judges is passive, in reality this principle creates difficulties for women (wives) victims of domestic violence to achieve justice. The research method used is �non-doctrinal tradition with a socio-legal approach, and qualitative descriptive analysis. The results of the study illustrate. Religious Courts Judges as one of the law enforcers are very potential to seek justice for victims of domestic violence, the majority of whom are women, because many cases of domestic violence ended in divorce cases in the Religious Courts. But the consideration of the religious Court Judge in deciding the case of a divorce petition �is not yet progressive, the Judge still adheres to the principle of law, that the Civil Judge is passive. So that when the Plaintiff (Wife) does not demand income and compensation from her husband. The Plaintiff (Wife) as a victim of domestic violence will not get a living idah, mut'ah, maskan, kiswah and any compensation from the Defendant (Husband). Religious Court Judges have not yet explored other relevant legislation, including progressive religious texts that favor women as victims of domestic violence to strengthen the building of their arguments. Whereas in the case of divorce by talak, the Judge views the law in book in his legal considerations �by giving protection to the wife, namely by giving the wife the right to earn a living Idah, Mutah (a living for one year to entertain the wife divorced by her husband), maskan and kiswah, according with what is stipulated in the Marriage Law and the Compilation of Islamic Law. The paradigm of the operation of the Judge in a country with a pluralistic culture such as Indonesia, it's time to change to a more progressive direction, Judge is no longer limited to the existence of a mouth that sounds the sentence of the law ( le judge est uniquenment la bouche qui pronance le most de lois) Judge also not tools designed to be logical and work mechanically, but whole people who have sensitivity to humanitarian and social concerns. Progressive judges learn and are good at making interpretations that are not literal (connotative), and have a high sense of empathy to be able to catch social norms that contextually support each prescription of the Act. The holistic understanding of the judges has the potential to provide justice for women victims of domestic violence.

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