scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEKERASAN SEKSUAL

2021 ◽  
Vol 4 (1) ◽  
pp. 18-25
Author(s):  
Sartini Sartini ◽  
Baso Madiong ◽  
Zulkifli Makkawaru
Keyword(s):  
Legal Protection ◽  
Human Being ◽  
Legal Subjects ◽  
Investigation Process

Perlindungan hukum yang diberikan kepada setiap subjek hukum menjadi salah satu hak yang diberikan kepada setiap orang dan hak tersebut dilindungi oleh hukum, hak yang melekat pada setiap manusia harus mendapat perlindungan hukum. Perlindungan hukum juga dijadikan sebagai sarana untuk melindungi hah-hak subjek hukum. Perlindungan hukum disini tentu saja perlindungan hukum terhadap masyarakat, teori ini merupakan teori penting dalam fokus kajiannya terutama sasarannya pada masyarakat yang berada pada posisi lemah. Dalam memberikan perlindungan dilakukan oleh para penegak hukum, dalam hal ini pihak kepolisian pada proses penyidikan memberikan perlindungan terhadap korban, memberikan hak-hak korban. Legal protection given to every subject is one of the rights given to everyone and these rights are protected by law. The rights inherent in every human being must receive legal protection. Legal protection is also used as a means to protect the rights of legal subjects. Legal protection here is of course legal protection for the community. This theory is an important theory in the focus of this study, especially its target on people who are in a weak position. In providing protection, it is carried out by law enforcers, in this case the police in the investigation process to provide protection to victims and to provide victims' rights.

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 Akibat Hukum Terhadap Pelaksanaan Arisan Online Berdasarkan Undang-Undang Nomor 19 Tahun 2016

2021 ◽  
Vol 2 (2) ◽  
pp. 296-302
Author(s):  
Erlin Kusnia Dewi ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Legal Protection ◽  
Research Problem ◽  
Scientific Article ◽  
Literature Study ◽  
Legal Research ◽  
Online Transactions ◽  
Criminal Sanctions ◽  
Research Problems ◽  
Social Gathering ◽  
Legal Subjects

The 2008 ITE Law regulates fraudulent acts that are applied online. The researcher wrote a scientific article with the title Legal Impacts on the Implementation of Online Arisan Based on Law No. 19 of 2016. There are two formulations of this research problem How is the Legal Protection for Parties Conducting Online Arisan based on Law Number 19 of 2016? and What are the Criminal Sanctions Against BandarArisanOnlinein the event of Default? Normative legal research is a method applied by the author in this scientific article. The author carries out a literature study by collecting legal material to answer the formulation of research problems. The author carries out a literature study by collecting legal material to answer the formulation of research problems. This study's findings explain that there are legal protections for parties who carry out online social gathering criminal sanctions against online social gathering based on ITE Law No. 19 of 2016 against online social gathering fraud perpetrators focused on individual legal subjects. This finding is supported by Article 28 paragraph (1), which explains that consumers who get losses due to online transactions can obtain legal protection.

scholarly journals Knitting the Future Story of Indian Women: Preventing Violence, Fostering Development, and Accelerating Empowerment

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Prerna S Ramteke
Keyword(s):  
Violence Against Women ◽  
Legal Protection ◽  
Present Situation ◽  
Human Being ◽  
Indian Women ◽  
The Future ◽  
The Relationship ◽  
Women In India

A number of cases of women’s exploitation in India reflects serious problem in viewing and treating women. This article highlights the issues of women in India that are aimed to describe the violence against women in India that degrades their dignity as a human being, to analyze both conceptual and practical aspects of women, particularly with regards to their role in development and also to discuss the need for accelerating the empowerment of women in India. Some concepts such as the three classical approaches on the relationship between women and development are discussed in this writing. Besides this it also analyzes the present situation faced by Indian women that can potentially become obstacles for their development. In addition, this paper looks at some legal instruments and cases that relates to the legal protection of women in India. It is as a research in the field of Sociology that will be enriched by legal, cultural and economic approaches. It will also highlight about the dreams on the better situation for women in India that are expected to become true and will also encourage women in India to involve in any efforts to knit their future story.

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 PERLINDUNGAN HAK ASASI MANUSIA TERHADAP PEKERJA DOMESTIK DI INDONESIA

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Dede Kania
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Gender Equality ◽  
Legal Protection ◽  
Domestic Workers ◽  
Human Being ◽  
Legal Process ◽  
Research Results ◽  
Fair Wage ◽  
Long Time

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Historically, domestic workers has been around a long time. Their domestically roles made them often underestimated. However, the legal protection they are still very concerned, even until now Indonesia has no law regarding the protection of domestic workers, because domestic workers act of Indonesia has not been enacted. Whereas legal protection to domestic workers is urgent considering the number of cases of abuse and violence against domestic workers, particularly female domestic workers, without any handling or legal process well. Therefore, the authors are interested in examining how the application of the theory of gender equality and inquity for domestic workers act.</em></p><p><em>This research results: Firstly, the bill is needed to protect of domestic workers. Secondly, A worker of either sex is the same as other workers must be paid a fair wage and good treatment as a dignified human being. Thirdly, The aim of this act should be the process of formalizing the PRT even though the workings area of domestic workers are in domestic area.</em></p><p><strong><em>Key words</em></strong><em>: domestik workers, human rights,  legal protection</em></p><p align="center"><strong>Abstrak</strong></p><p>Secara historis, pekerja rumah tangga telah ada sejak lama. Peran mereka di dalam ranah domestik membuat mereka sering diremehkan. Namun, perlindungan hukum mereka masih sangat kurang, bahkan sampai sekarang Indonesia tidak memiliki Undang-undang perlindungan pekerja rumah tangga. Perlindungan hukum bagi pekerja rumah tangga sangat mendesak keberadaannya mengingat jumlah kasus pelecehan dan kekerasan terhadap pekerja rumah tangga, terutama PRT perempuan, semakin bertambah. Oleh karena itu, penulis tertarik untuk meneliti bagaimana penerapan teori kesetaraan dan keadilan gender bagi pekerja rumah tangga.</p><p>Hasil penelitian menunjukkan bahwa: <em>Pertama</em>, Indonesia sangat memerlukan UU untuk melindungi atau pekerja rumah tangga, sehingga RUU PRT mendesak untuk segera diundangkan. <em>Kedua</em>, Seorang pekerja baik perempuan maupun laki-laki mempunyai kedudukan yang sama, sehingga harus mendapatkanhak- haknya dengan baik sebagai manusia yang bermartabat. <em>Ketiga</em>, harus ada Formalisasi PRT walaupun kerja bidang pekerja rumah tangga berada di wilayah domestik tetapi hak-haknya sebagai pekerja harus diakui dan disamakan dengan pekerja di wilayah publik.</p><strong><em>Kata Kunci: </em></strong><em>Pekerja Rumah tangga, hak asasi manusia, perlindungan hukum</em>

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 JURIDICAL REVIEW OF HEALTH PERSONEL PROTECTION AS A LEADING GUARD IN EFFORTS TO ACCELERATE THE HANDLING OF COVID-19: A NARRATIVE REVIEW

2021 ◽  
Vol 10 (1) ◽  
pp. 99-107
Author(s):  
Vera Rimbawani Sushanty
Keyword(s):  
Severe Acute Respiratory Syndrome ◽  
Health Workers ◽  
Narrative Research ◽  
Legal Protection ◽  
Medical Personnel ◽  
Narrative Review ◽  
Civil Servants ◽  
Legal Norms ◽  
The Government ◽  
Legal Subjects

Health workers who are handling patient of SARS-CoV-2 (Severe Acute Respiratory Syndrome Corona Virus 2) or better known as the Coronavirus are legal subjects who carry out their obligations properly at their leader command, ruled accordance with the legal corridors, obtained the law right and protected from positive legal norms. This narrative research aims juridical review for protection the health workers during coronavirus pandemic. Using literature that obtained by looking materials and sources that match the theme and related them. Protection of health workers as the frontline in efforts to accelerate the handling of the coronavirus pandemic. Civil Servants who served during the Covid-19 pandemic will get a promotion one level higher. The incentive budget for medical personnel comes from a budget reallocation that has been set by Mr. President Joko Widodo for 16.63 trillion in 2020. This award is in the form of compensation and for health workers who fail, the government awards “Bintang Jasa Pratama” and “Bintang Jasa Nararya”. The government provides protection by issuing various policies to protect health workers as the frontline in efforts to accelerate the handling of coronavirus disease 2019.   Keywords: Health workers, legal protection, Covid-19.

scholarly journals Perlindungan Hukum Terhadap Penggelapan Uang Elektronik Dalam Transaksi Elektronik

2019 ◽  
Vol 18 (3) ◽  
pp. 27-39
Author(s):  
Mazmur Septian Rumapea
Keyword(s):  
Consumer Protection ◽  
Legal Protection ◽  
Electronic System ◽  
Electronic Payment ◽  
Payment Systems ◽  
Payment Methods ◽  
Electronic Transactions ◽  
Consumer Electronic ◽  
Legal Subjects

The development of payment methods in electronic transactions, has  recently developed and is very advanced, namely by using technology that is fast and up-to-date, so that it can be done more easily and flexibly. The implementation of electronic payment systems must be safe and protected physically (hardware / software) and non-physical (communication), have the ability in accordance with the specifications, and there are legal subjects who are legally responsible for the operation of the electronic system. Legal protection for consumers of online applications for electronic transactions cannot be fulfilled in the Consumer Protection Act.Keywords : Legal, Consumer, Electronic Transaction Protection

scholarly journals Penyelesaian Kredit Macet dengan Benda Jaminan Fidusia yang Dipalsukan (Studi Kasus: PT. BPR. Ulatidana Rahayu)

2020 ◽  
Vol 1 (1) ◽  
pp. 222-227
Author(s):  
Ni Made Sintia Tarisa ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Legal Protection ◽  
Limited Liability ◽  
Criminal Code ◽  
Motor Vehicles ◽  
Research Approach ◽  
Limited Liability Company ◽  
Credit Guarantees ◽  
Legal Subjects ◽  
Statutory Regulation ◽  
Legal Consequences

An agreement is a legal action carried out by two or more people who have legal consequences for the rights and obligations of the makers. The agreement involves at least 2 or more people. In addition to individuals, the parties to the agreement may also consist of legal entities. Limited Liability Company (PT) is a legal entity that is one of the parties or both of them in the agreement. Both are legal subjects who can carry out legal actions and carry out their rights and obligations. Referring to the above problems, this study was conducted with the aim of describing how the legal protection of bank creditors in granting credit with fiduciary collateral objects falsified and how the legal consequences if the debtor commits the fraud of the BPKB (certificate of ownership of motor vehicles) credit guarantee. This research was designed using an empirical research approach. The results of this study indicated that the legal protection of bank creditors in falsifying collateral loans with fiduciary collateral objects is regulated in articles 1131 and 1132 of the Civil Code. Other legal protection given to creditors is preventive legal protection which is legal protection to prevent disputes and in this case concerning the rights and obligations of creditors. Another result of this research is the debtor who falsified the collateral object or the BPKB of the vehicle that was used for credit guarantees was used in article 263 of the Criminal Code with the threat of a maximum prison sentence of six years. So, legal protection and sanctions to creditors and debtors, if a problem occurs is regulated in statutory regulation.

scholarly journals CONCEPTION OF LEGAL PROTECTION IN ISLAMIC LAW

2019 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Achmad Musyahid Idrus
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Beings ◽  
Human Right ◽  
Applicable Law ◽  
Legal Provisions ◽  
The Social ◽  
The Law ◽  
Legal Subjects

Legal protection is a human right which is a basic need for every human being, both human beings as legal subjects and human beings as legal objects. As legal subjects, humans have civil rights that must be implemented in accordance with applicable legal provisions. Likewise with humans as legal objects, their rights must still be protected even though they have been convicted by law. Sometimes legal protection for humans cannot be realized because the source of the applicable law does not provide legal instruments and even the protection of the law does not materialize because of the lack of understanding of the source of the law which applies in society.Islamic law as one source of law and adopted in countries like Indonesia offers the conception of legal protection in accordance with the dignity and human rights, because of the flexibility of Islamic law, so that Islamic law can be understood and adjusted to the social development of the society. Islamic law that emphasizes public benefit guarantees the legal protection needed by the community, but the values of flexibility must still be explored from the main sources of the Qur'an and the hadith of the prophet.

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