9 research outputs found

    PERLINDUNGAN HUKUM TERHADAP HAK-HAK ANAK KORBAN KASUS PELECEHAN SEKSUAL (STUDI KASUS PADA PENGADILAN NEGERI SURAKARTA) PERLINDUNGAN HUKUM TERHADAP HAK-HAK ANAK KORBAN KASUS PELECEHAN SEKSUAL (STUDI KASUS PADA PENGADILAN NEGERI SURAKARTA)

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    Abstract This study aims to find out how the legal protection of children's rights as victims of sexual harassment cases in the Surakarta District Court. Research methods through an empirical juridical approach. The data analysis use interactive analysis. The results of the study showed that the legal protection of children's rights as victims of sexual harassment cases in the Surakarta District Court was realized in the form of treatment received by victims of sexual harassment cases while undergoing the criminal justice process. Trials for children as victims of sexual harassment cases are conducted in a closed manner, providing special service space, providing rehabilitation and protection from reporting in the mass media and to avoid labeling, communication and supervision of victims. Keywords: legal protection, rights of child victims, cases of sexual abus

    Perlindungan Hukum terhadap Anak yang Melakukan Tindak Pidana (Studi Kasus Polres Wonogiri)

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    This research was conducted to find out the form of legal protection given to children who commit criminal acts. Form of the protection law which give to kids that do a criminal act is diversion.Diversion is a system that provides better opportunities for perpetrators of crimes committed by children for the first time to carry out their actions.The diversion be prevail to kids who had the age from 12 to a nearly 18 years old, or 12 years old and had been married but nearly 18th years old who guess doing a criminal act. Diversion who held in a criminal act things can threatened with imprisonment for 7 years an thats not a repetition, criminal act. The implementation of diversion in the court is regulated in PERMA Number 4 of 2014 concerning Guidelines for Implementing Diversity in the Child Criminal Justice Syste

    Perlindungan Hukum Bagi Korban Malpraktek Medik Akibat Pelanggaran Kode Etik Kedokteran Di Surakarta

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    The purpose of the study is based on a review of this legal epistemology to provide a sense of justice for all parties, the patients or doctors or other health workers in Indonesia. Many cases of medical malpractice allegations can not be proven legally, it is difficult to prosecute to the judiciary in Indonesia. With non-doctrinal normative sociological research methods with reported interviews, reporting and inventory of rules, Act, normative sociological settlement is more important, not all allegations of medical malpractice are a crime (dollus) depending on causality as negligence-culpa or culpa lata (heavy), culpa levis (light). Legal protection for patients with mediation, compensation, civil law up to criminal prosecution in court with Reversal Burden of Proof, synchronized in law enforcement between the Judiciary (Jurisprudence), Executive (published PERPU) which can execute the Judicial Institution's decision; Legislative Institutions create Health Laws that meet the elements of Legal Certainty, Utilization and Justice for the community

    Penemuan Hukum Oleh Hakim Atas Syarat Hak Gugat Organisasi Lembaga Swadaya Masyarakat Dalam Mengajukan Gugatan Praperadilan Pasca Putusan Mahkamah Konstitusi Nomor: 98/PUU-X/2012

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    Lawsuit right of non-governmental organization when asking pretrial lawsuit became a dynamic of law enforcement in Indonesia. However, the polemics appeared when the legal dispute occured but the legal framework had not been accommodated. That was normal, because it was the dynamic of a law advancement. Pretrial is the authority of the district court to investigate and decide the manner set in law. The issues was raised regarding the lack of clarity in the Criminal Code of who the interested third party was, it had caused multiple interpretations on the meaning of the interested third party as provided for in Article 80 of the Criminal Code. The problems in this study included whether the Constitutional Court Decision No: 98/PUU-X/2012 had been implemented by the judges in handling pretrial lawsuit by NGOs and how the invention methods of the law by the judge in determining the terms of the legal standing of NGOs in filing pretrial lawsuit after the Constitutional Court Decision No: 98/PUU-X/2012. This research was aimed to find out whether the Constitutional Court Decision No: 98/PUU-X/2012 had been implemented by the judges in handling pretrial lawsuit by NGOs and to find out the method of discovery of the law by the judge in determining the terms of the legal standing of NGOs in filing pretrial lawsuit after the verdict post. The results of the discovery of this law could be a reference for the dynamic of law enforcement in Indonesia. KEYWORDS: Legal Discovery, The Third Party, Pretria

    Kebijakan Hukum Pidana Dalam Undang–Undang Nomor 23 Tahun 2011 Tentang Pengelolaan Zakat

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    In Indonesia, the management of alms has entered new dimension. There are several reasons why state need to intervene in alms management. Among, alms characterized is obligatory (imperative) while charity or donation is mandub (sunnah). Therefore, a criminal policy on alms management is made so that there is no funds of alms that is obscured or corrupted by the functions that handles alms management issues. The purpose of this research is to explain the opinions of alms’ committee regarding the issuance Act No. 23 of 2011 of alms management, explaining the perspective of alms committee related to the existence of criminal provisions in the Act No. 23 of 2011 of alms management, and explaining how far the criminal provisions in the alms management have been enforced. The method of approach used in this paper is the normative approach based on the rules of law on the alms management. While the type of this research is descriptive research. From the results of this study, it was found that BAZ is an institution managed by the government. According to BAZ, with the existence of criminal policy regulated in Act No. 23 of 2011 gives positive impact to the implementation of alms management in BAZNAZ and gives rises to the prevention of empirical crime covering preemtif, preventive, and repressive

    Proses Penyelesaian Persidangan Pidana Penipuan Jual Beli Jabatan (Studi Kasus di Pengadilan Negeri Wonogiri Putusan Nomor: 57/Pid.B/2019/PN.Wng.)

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    Everyone who is involved in a legal dispute has the right to seek justice in the course of settling the dispute.The problem in this study is that the increasingly harsh rivalry in the workplace causes people to use shortcuts to gain a job by buying and selling positions on the spot, resulting in a fraudulent or criminal behavior.The goal of this research is to look into how criminal cases are settled in court. The technique is descriptive qualitative and normative. Data was gathered through a literature review and observation. It is required to establish a mechanism for completing the criminal act of fraud under the guise of purchasing and selling positions as a result of the criminal act of fraud. What form of legal settlement can be decided by a panel of judges based on the public prosecutor's indictment, the public prosecutor's demands, and legal facts in proving the case for fraud. According to the study's findings, the Defendant's criminal sanctions were applied in conformity with the legal facts that occurred

    Upaya Perlindungan Hukum Bagi Anak Perempuan Korban Tindak Pidana Pencabulan(Studi Kasus di Pengadilan Negeri Surakarta Putusan Nomor: 137/Pid.Sus/2016/PN.Skt)

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    This study aims to determine the legal policy and its protection against the victims in the criminal act of obscenity and the legal basis of judges' consideration in deciding the judgment and the appropriateness of criminal sanctions received by perpetrators of the act of obscenity against girls on Decision Case Number: 137 / Pid.B /2016/PN.Skt reviewed from UURI No.35 of 2014 Amendment of UURI Number 23 Year 2002 on Child Protection. The research method using normative approach method is descriptive. Sources of data consists of primary data ie interviews and secondary data namely primary, secondary and tertiary legal data. Methods of data collection through literature study and interview, then the data were analyzed qualitatively. The results of the study indicate that the legal policy towards girls as victims in crime of obscenity has been formulated well and legal protection in the form of legal aid, coaching and rehabilitation. The legal basis for judges' consideration in passing judgments in cases of criminal acts of obscenity against girls is in conformity with applicable law in Indonesia, whereas the suitability of criminal sanctions received by perpetrators of criminal acts of obscenity against girls in case decisions Number 137/Pid.B/2016/PN.Skt reviewed from UURI Number 35 Year 2014 Amendment of UURI Number 23 Year 2002 is feasible because in accordance with the elements that have been fulfilled, but the authors feel the sentence handed down by the judge is very light

    Penyelesaian Kasus Tindak Pidanapencurian Melalui Pendekatan Restorative Justice (Study Kasus Polsek Gondangrejo Kab. Karanganyar Dan Polres Sukoharjo)

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    Restorative justice sendiri dapat didefinisikan sebagai respons terhadap prilaku kriminal dengan memulihkan kerugian yang dialami korban kejahatan, dan untuk memfasilitasi perdamaian dan kesentosaan di antara kelompok yang menentang. Tujuan dari penelitian ini adalah: Pertama, untuk mengetahui dan mengkaji penerapan restorative justice terhadap suatu kasus tindak pidana pencurian yang terjadi di wilayah hukum Polres Sukoharjo dan Polsek Gondangredjo Kab. Karanganyar. Kedua, untuk mengetahui dampak yang ditimbulkan dari proses penyelesaian perkara pidana pencurian yang menggunakan pendekatan restorative justice. Penerapan restorative justice tidak serta merta dapat diterapkan pada setiap kasus tindak pidana, hanya tindak pidana yang tergolong ringan dan dilihat pula secara kasuistik, layak tidak, tindak pidana tersebut diselesaikan secara restorative justice

    Upaya Pencegahan Peredaran Narkotika Oleh Tim P4gn (Pencegahan Pemberantasan Penyalahgunaan Dan Peredaran Gelap Narkoba)Kabupaten Sukoharjo Pada Anak Usia Sekolah

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    Narcotics is a substance if abused will cause harmful effects to health, so P4GN trying to prevent drug trafficking. For the purpose of this study describes a precaution and Sukoharjo P4GN efforts against narcotics trafficking involving children. The research approach used to conduct this study was Juridical sociological research methods. Methods of data analysis using a qualitative approach. The results showed. The work program run by P4GN Sukoharjo form of outreach programs, drug prevention promotion business. Activities aimed at children's special about the field of prevention in the form of socialization to schools in the form of counseling dangers of drugs. P4GN Rehabilitasion activity to the consultation is more personal problems and the hypnoteraphy / suggestion in order to stay away from drugs, then a coaching program of street children in the form of street children schools and vocational training street children
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