scholarly journals PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PEMERKOSAAN DALAM PERADILAN PIDANA

2019 ◽  
Vol 8 (1) ◽  
pp. 27
Author(s):  
Edy Suwito ◽  
Mulyadi Aribowo
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Field Research ◽  
Law Enforcement Officers ◽  
Criminal Court ◽  
District Court ◽  
State Court ◽  
Literature Study ◽  
Materials Used ◽  
Sense Of Justice

This study aims to determine the extent to which legal protection and obstacles faced against the victims of rape in criminal justice in Blitar district court. The context of legal protection against victims of crime (criminal act of rape) is by preventive or repressive efforts conducted by both society and law enforcement officers such as providing protection from various threats that can endanger the life of the victim. The research used is juridical normative and juridical empirical research. Research location in Blitar District Court. The materials used in literature study are data collection through literature study, and field research involves interviewing informant. Based on the result of the research, the researcher got the answer that, the legal protection against the victims of criminal act of rape in criminal court in Blitar state court still caused many difficulties in settling either at the investigation stage until the victim was present in the court, because the psychic pressure in victims questioned. This of course affects the mental / psychological development of the victims and also affects the law enforcement process itself to bring about a sense of justice for victims and society.

scholarly journals ANALISIS PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR: 3094/PID.B/2013 TENTANG ALAT BUKTI OLEH HAKIM DALAM PASAL 114 AYAT (2) JUNCTO PASAL 132 AYAT (1) UU RI NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Tobias Gula Aran
Keyword(s):  
Law Enforcement ◽  
Decision Analysis ◽  
Analytical Approach ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
State Court ◽  
Not Given ◽  
Assessment Of Evidence ◽  
Sense Of Justice

Abstract In this research examines two issues, namely the Surabaya District Court Decision No. 3094 / Pid.B / 2013 In accordance with Evidence presented at trial and Parameter Verification assessed Judges in Crime Article 114 paragraph (2) in conjunction with Article 132 ( 1) Act No. 35 of 2009 on Narcotics, based on a normative juridical research, using the approach of Legislation, Case approach, analytical approach, the purpose of this study was to analyze the state court decision Surabaya number: 3094/Pid.B/2013 appropriate evidence presented at the hearing, stated that in this ruling the judge has not given a sense of justice for law enforcement against criminal acts Narcotics correspond to the penalty set out in the Act, and to describe the parameters of proof is rated Judge in a criminal act of Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 Year 2009 on Narcotics, as the basis of the assessment of evidence by the judge.Keywords: Court Decision Analysis, Evidence, Narcotics

IMPLEMENTATION OF LEGAL ASSISTANCE IN CRIMINAL CASES IN CIBINONG DISTRICT COURT

2018 ◽  
Vol 4 (1) ◽  
pp. 81-92
Author(s):  
Sutan Surya Radonna ◽  
Dadang Suprijatna ◽  
J. Jopie Gilalo
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Field Research ◽  
Cultural Factors ◽  
District Court ◽  
Legal Assistance ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Social And Cultural Factors

Legal aid is a legal sevice program provided to alleviate the burden of life for  people who cannot afford financially, and is also useful to create justice and legal protection to society. This legal research is an empirical legal research or descriptive field research. The research is located at Cibinong District Court. Data collection techniques were conducted through interviews with Cibinong District Court judges and literature studies in the form of books, legislation, journals, etc. to support comprehension and completeness of data or materials. Problems in this Research are about implementation of the granting of legal aid to defendants who cannot afford financially in criminal cases and restricted factors towards implementation of granting legal aid to defendants who cannot afford financially in criminal cases. Based on the research results, and the discussion about the analysis of the implementation of legal aid to defendants who cannot afford financially in criminal cases, the implementation of the granting of legal aid can be done through courts, and Legal Aid Institutes (LBH) and  directly in accordance with initiative of advocates who voluntarily willing to accompany the defendants. Factors restricting implementation of granting legal aid to defendants who cannot afford financially in criminal cases such as: factors in law enforcement, social and cultural factors, facilities and infrastructure as well. As recommendation, it high required to to courts and LBH to socialize procedures of free legal assistance to the defendants and what sanctions to parties who inhibit the implementation of the granting of legal aid to the defendants in criminal cases.

scholarly journals Legal Protection of Labor in Employment for Termination of Employment Due to the Acquisition of the Company

2020 ◽  
Vol 3 (1) ◽  
pp. 36
Author(s):  
I Putu Rasmadi Arsha Putra ◽  
I Ketut Tjukup ◽  
Dewa Gede Pradya Yustiawan
Keyword(s):  
Industrial Relations ◽  
Legal Protection ◽  
Field Research ◽  
Literature Study ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Positive Law ◽  
The Subject ◽  
The Stability ◽  
Sense Of Justice

The emergence of competition makes companies do various things to maintain their existence and the stability of companies in the world of economy. One of the ways the company survives in the agreement is to make an acquisition. In addition to generating profits for the company that acquires the acquiring company, acquiring can also balance employment including termination of employment that is detrimental to workers. The subject matter of this research is protection for workers carried out with the approval and how to solve the problems requested by companies that carry out procurement actions. This research is normative legal research, which is assisted by field research with interview techniques. The agreement used was approval on the invitation (statute approach), conceptual agreement (conceptual approach) and case approach (case approach). Data is collected by literature study, by reading references that are used such as invitation rules, books, journals, which are related to the debate raised, then analyzed by description analysis techniques. Regarding the results obtained in Indonesia's positive law legal protection for workers resulting from acquisitions by companies still relies on the Labor Act, there is no sense of justice for workers when there are terminations due to the acquisition. Termination of employment is resolved by legal action in the form of non-litigation and legal litigation under the Settlement of Industrial Relations Disputes Act. This research is important because the labor law is far from the concept of the Pancasila legal rule in which the Pancasila legal rules always uphold public welfare and social justice in the protection of workers, workers in Indonesia are still underestimated and do not have enough space to protect.

scholarly journals Analysis of The Implementation of The Equality Before the Law Principles Against the Perperators of Corruption in the Jurisdiction of the Criminal Court of Corruption at the Surabaya State Court of the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby

2021 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Tinuk Dwi Cahyani ◽  
Yohana Puspitasari Wardoyo
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Criminal Court ◽  
District Court ◽  
State Court ◽  
Judicial Process ◽  
The Public ◽  
Law Enforcement Officials ◽  
The Law ◽  
Research Show

Corruption that still occurs a lot in Indonesia from year to year, even though it is shown in the perception index that has increased from year to year for the better, is still in a harmful situation for the country. At this time can observe, see and feel that law enforcement is in a position that is can not be trusted. The public questioned the performance of law enforcement officials in eradicating corruption, the spread of judicial mafia, violations of the law in assessing the APBN and APBD among bureaucracy. In 2018 the public was dumbfounded by the mass corruption committed by 41 members of the Malang City DPRD (Regional People's Representative Assembly) during 2018. Malang City is considered the ‘general champion' in the corruption category in the number of suspects. 6 of them have been tried at the Corruption Court at the Surabaya District Court and have been decided by the Panel of Judges as in Decision Number 119/Pid.Sus.TPK/2018/PN.Sby with different sentences. How is the application of the principle of equality before the law against perpetrators of Corruption in the jurisdiction of the corruption court at the Surabaya District Court against the Decision Number 119/Pid.Sus.TPK/2018/PN.Sby? The research method used is the normative legal research method. The results of the research show that the judicial process in handling corruption crimes is in accordance with the rules regarding the types of punishment in the Corruption Crime Court and meets the principle of equality before the law. Keywords: corruption; equality before the law; Malang

scholarly journals Analysis of State Court Of Batang Decision Number: 4 / Pid.Sus / 2018 / Pn Btg on Felony Obscenity Crime Based On Islamic Criminal Law

2020 ◽  
Vol 2 (4) ◽  
pp. 493
Author(s):  
Bagus Langgeng Prasetiyo ◽  
Gunarto Gunarto ◽  
Munsharif Abdul Chalim
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Islamic Law ◽  
Law Enforcement Officers ◽  
Public Law ◽  
State Court ◽  
Literature Study ◽  
Child Victim ◽  
Sexual Crimes ◽  
The Public

In the case of sexual crimes where the child victim, the victim could be the driving factors behind crime. For example, we say today is increasingly widespread promiscuity, children have been left free in terms of promiscuity and lack of supervision of their parents, the They were released along with others, go anywhere. So, with their innocence, they could be trapped in one association and exploited by the parties or adults who are not responsible. In such circumstances, the public, law enforcement officers and even a State shall be estimated on the protection and supervision of children, especially where children as crime victims of sexual crimes indeed very concerned and could undermine future portion of the prospective successor to the nation.Therefore, the authors are interested in writing this thesis titled "Analysis of State Court of Batang Decision No. 4 / Pid.Sus / 2018 / PN Btg About felony obscenity According to Islamic Criminal Law".In this study the authors use this type of research descriptive with normative juridical approach. Data were collected by literature study, observation and interviews. Methods of qualitative analysis.At the end of the study authors conclude that the author found consideration of the judge in the imposition of a criminal judgment against the defendant in Decision No. 4 / Pid.Sus / 2018 / PN.Btg compliance, that have noticed the elements of the criminal case, after seeing the Islamic law according to the author was still lacking and not worth the Hadd punishment. So the result rather than the judge's decision according to the author can not be unfair to the accused and the victim.Keywords: Juridical Studies; Felony Obscenity Crime; Islamic Criminal Law

scholarly journals LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE

2019 ◽  
Vol 3 (1) ◽  
pp. 57
Author(s):  
Bing Yusuf
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Community Members ◽  
Daily Consumption ◽  
Business World ◽  
Positive Law ◽  
Technological Developments ◽  
The Government ◽  
Legal Subjects

The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization

scholarly journals Perlindungan Hak Peserta Program Magang di Hotel XYZ Kota Bandung

2018 ◽  
Vol 2 (1) ◽  
pp. 21-32
Author(s):  
Ananta Budhi Danurdara
Keyword(s):  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Research Literature ◽  
Primary Data ◽  
Literature Study ◽  
Apprenticeship Program ◽  
Main Components ◽  
The Right ◽  
Contractual Rights

Apprenticeship program is one part of the laborrs force in Indonesia, apprentices basically get the same protection with other labors, but in Indonesia there are many industries that do not provide rights that should be given to participants of the internship program. The purpose of this study was to determine, assess, examine and analyze how the legal protection for participants in apprenticeship programs and practices to determine, assess, examine and analyze an obstacle in the implementation of the apprenticeship program. Study used is descriptive nature Analytical. Secondary data was obtained from the research literature and reinforced with Primary Data obtained from interviews daan questionnaire. Stages of the research literature research and field research. Techniques of data collection are through literature study and interviews. Methods of data analysis using Likert method. The results showed that the occurrence of violations of rights protection for participants in the company's apprenticeship program in terms of three main components, namely Statutory Rights, Contractual Rights and Other Rights on the Protection of Rights Internship Program participants have not been frilly implemented in practice yet. This is because there are some companies who do not exercise rights apprenticeship program participants in the form of the right to obtain employment injury insurance and the right to earn pocket money and or transport money and not doing the apprenticeship agreement in writing between the parties with the company's apprenticeship program participants in a company. Other authors propose recommendations for the educational institutions and industry especially Hotel XYZ at Bandung management to address the existing problems. The purpose of these recommendations is to provide input to the hotel in order to provide protection Rights Internship Program Participants in accordance with the rules of government.

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

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.

scholarly journals Perlindungan Hukum Terhadap Anak Korban Kekerasan Seksual

2020 ◽  
Vol 1 (2) ◽  
pp. 137-150
Author(s):  
Mastur Mastur ◽  
Syamsuddin Pasamai ◽  
Abdul Agis
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Criminal Law ◽  
Preventive Measures ◽  
Legal Protection ◽  
District Court ◽  
Child Victims ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Investigation Process

Penelitian bertujuan untuk menganalisis perlindungan hukum terhadap anak korban kekerasan seksual, dan menganalisis faktor yang mempengaruhi perlindungan hukum terhadap anak korban kekerasan seksual. Tipe penelitian ini adalah yuridis empiris. Hasil Penelitian bahwa; Perlindungan hukum terhadap anak yang menjadi korban kekerasan seksual dalam praktik penegakan hukum pidana oleh Kepolisian di Polewali Mandar adalah perlindungan dalam proses penyelidikan serta melalui upaya preventif/pencegahan dengan bekerja sama dengan Lembaga Swadaya Masyarakat (LSM) di Kabupaten Polewali. Sedangkan perlindungan hukum oleh Pengadilan Negeri Polewali adalah perlindungan dalam proses persidangan yang berupa korban anak tidak disumpah, hakim dalam memberikan pertanyaan sangat hati-hati dan tidak formal, serta adanya pendamping yang dipercaya oleh korban anak. Perlindungan hukum terhadap anak korban kekerasan seksual tidak berjalan secara efektif dikarenakan masih terdapat tindak kekerasan seksual anak yang pada kenyataannya saat ini masih banyak yang menimpa anak di Kabupaten Polewali Mandar. This study aims to analyze the legal protection of child victims of sexual violence, and to analyze the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency. the factors that influence the legal protection of child victims of sexual violence. This type of research is juridical empirical. Research results that; Legal protection for children who are victims of sexual violence in criminal law enforcement practices by the Police in Polewali Mandar is protection in the investigation process and through preventive / preventive measures in collaboration with Non-Governmental Organizations (NGOs) in Polewali Regency. Meanwhile, legal protection by the Polewali District Court is protection in the trial process in the form of child victims who are not sworn in, judges in giving questions are very careful and informal, and there is a companion who is trusted by child victims. Legal protection for child victims of sexual violence does not work effectively because there are still acts of child sexual violence which in fact currently still happen to many children in Polewali Mandar Regency

scholarly journals Legal Protection of Industrial Design Information and Communication Technology Based on Creative Economy to Improve Community Competitiveness

Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 194
Author(s):  
Abdul Atsar
Keyword(s):  
Law Enforcement ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Study Data ◽  
Protection System ◽  
Creative Economy ◽  
Literature Study ◽  
Technological Advances ◽  
Design Law

Law is very influenced on the development of Technology. The current legal tool has no readiness so that it can not keep up with the rapid technological advances. The purpose of this study is to analyze the application of regulation on protection system and law enforcement of ICT design based on creative economy to improve people's competitiveness. Research is a normative juridical study. The approach of this research is the approach of legislation, concepts and cases. This research is analytical descriptive. This study, using secondary data sources. Technique of collecting data with literature study. Data analysis technique by qualitative normative descriptive method.The regulation of the legal protection system of industrial design of ICT, in Law no. 31 Year 2000, has not been regulated explicitly about the element of novelty, the application of constitutive stelsel cause obstacles. The law enforcement of ICT design is not yet effective, because of three aspects: 1) The legal substance aspect is not yet explicitly regulated about the novelty element in Industrial Design terms and the qualification and classification of the object of Right, the substantive requirement of Right of Industrial Design, the provisions of sanctions that distinguish between rights violations caused by the substance of the "same" and "similar" Industrial Design Designs registered for commercial purposes; 2) the aspect of its law enforcers, there is no appeal commission of industrial design, law enforcers have not understood the substance of the provisions of industrial design law; 2) Legal culture aspect. Indonesian society is still communal.

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