22 research outputs found
Penerapan Diversi pada Tingkat Penuntut Umum terhadap Anak sebagai Pelaku Tindak Pidana Menurut UU No 11 Tahun 2012 (Studi Kasus di Cabang Kejaksaan Negeri Padangsidimpuan di Sibuhuan)
A child is a nation\u27s next generation in which since a fetus until it is born it has its own right. As good citizens, we have to take our children, and this globalization era with it transparent information and technology, children will easily watch adult show in printed and electronic media so that their minds are contaminated with adult presentation such as violence and amoral. This condition has caused a child to be involved in legal problems. The problems of the research were as follows: why a child that is in conflict with legal act should belong to Diversion system, how about the implementation of diversion process in the level of Prosecutors toward a child who was in conflict with law in the Attorney\u27s Office of Padangsidimpuan at Sibuhuan, and what obstacles which existed in the implementation of Diversion in the Attorney\u27s Office of Padangsidimpuan at Sibuhuan. The objective of the research was to analyze why a child who had a conflict with law should be implemented Diversion system, to find out the implementation of law enforcers toward a child who was in conflict with law in the Attorney\u27s Office of Padangsidimpuan, at Sibuhuan, and to find out the obstacles in implementing Diversion in the level of Attorney\u27s Office of Padangsidimpuan at Sibuhuan. The research used judicial normative and descriptive analytic approaches. The result of the research showed that the imposition of Law No. 11/2012 on the Process of Diversion in Children who did criminal acts would protect children in the process of criminal cases and support general prosecutors to prioritize the process of Diversion rather than the process of hearing in the Courts
Penyidikan Kasus Tindak Pidana Pencurian dengan Pemberatan di Wilayah Hukum Polsek Medan Baru
Investigation is investigating a series of actions in terms and in the manner set forth in this law to search for and collect evidence with evidence that makes light of the crime that occurred and to find the suspect. One of the criminal offense of criminal disturbing the public lately is theft, one of which is theft by weighting. Criminal acts of theft with aggravating elements or in doctrine also often called or qualified theft, ie theft in the form of principal or ordinary theft coupled with aggravating elements. The purpose of this study to determine investigation of criminal cases of theft by weighting were conducted by police in Medan Baru police. The research problems are that how the implementation of the investigation of criminal offenses of theft by weighting in the jurisdiction of New Medan police? What are the factors inhibiting the investigation of the crime of theft by weighting in the jurisdiction of New Medan police? To answer these problems do research with normative juridical and sociological juridical. Source of research data is of primary legal materials, secondary law, and tertiary legal materials. The collection of data through primary data through field studies (field research) by interviewing informants namely Medan police chief and a New Investigator, and secondary data through library research (library research). Based on these results the investigation of cases of theft by weighting in the jurisdiction of the Police of Medan recently directed in accordance with the modus operandi committed by the suspect or offender is breaking the windshield, crack car tires, housebreaking / store, damaging the lock rail and use the keys T, using a false key, deprivation bag, bank ATM burglary. Factors that become an obstacle in the process of investigating the case of theft by weighting that barriers of law, resistance from law enforcement, and obstacles of legal culture. Police investigators are advised to continue a relationship of coordination with the public prosecutor, is not passive or wait and expected to be more proactive in order to resolve the criminal case of theft by weighting takes place quickly
Pelaksanaan Pemberi Bantuan Hukum Dikaitkan dengan Undang-undang No. 16 Tahun 2011 Tentang Bantuan Hukum
Legal aid is present to provide protection against any person or group of people can not afford, poor and blind law fairly, therefore, the Legal Aid Recipients must understand their legal rights to support the provision of legal aid. Indonesia has been working to provide protection against any person or group of poor people who lodged a lawsuit with the promulgation of the Legal Act Number 16 of 2011 regarding Legal Aid but do not go according to the rules. This manuscript discusses more about the rule of legal aid, Legal Aid legal position in the implementation of Law No. 16 Year 2011 on Legal Aid, and the factors that affect the implementation of the Legal Ai
Perlindungan Hukum Bagi Pasien Pengguna Jamkesmas dalam Pelayanan Kesehatan di RSUD Dr. Rm. Djoelham Binjai Terkait Berlakunya Bpjs di Bidang Kesehatan
Health care service is closely related to the relationship of patients with health care supervisors (doctors) and health facility (hospital). Three problems of the research were as follows: how about the legal protection for Jamkesmas patients in the implementation of health care service in Indonesia related to the prevailing BPJS (Social Security Provider) in health, what factors which impeded the implementation of health service for Jamkesmas patients at RSUD (Regional General Hospital) Dr. RM Djoelham, Binjai, and how about the responsibility of the hospital management for the Jamkesmas patients at RSUD Dr. RM Djoelham, Binjai. Legal protection about the relationship among patients, doctors, and hospital is regulated in Law No. 29/2004 on , in Law No. 36/2009 , and in Law No. 44/2009 there is Law No. 40/2004 . The factors which impede the implementation of health care service for Jamkesmas patients are, among others, the examination is done by practicing doctors who have not passed the state licensing exams yet (interns). It is recommended that first, the hospital management should give legal protection for Jamkesmas patients by not discriminating them in providing health care services; secondly, the hospital management should give the compensation to the patients if the service is not satisfactory; and thirdly, patients should file a complaint to the hospital management as the health care service provider. Legal remedy which is used by Jamkesmas patients against the hospital management is by settling the dispute with prioritizing mutual agreement
Perlindungan Hukum Terhadap Pelaksanaan Pengangkatan Anak Ditinjau Dari Hukum Islam Dan Undang-undang No 23 Tahun 2002 Tentang Perlindungan Anak
Transparent and resolute regulation on adoption is highly needed, both in its regulation and in its protection. Today, the Government Regulation No. 54/2007 on the Implementation of Adoption, Law No. 23/2002 on Child Protection, and the Compilation of the Islamic Law regulate wajibah will for an adopted child. Discussion about adoption is usually related to adat (customary) law, the Islamic law, and western law in which people have different methods in different places in its implementation so that it is interesting to be analyzed. A research on child protection law about the implementation of adoption, viewed from the Islamic Law and Law No. 23/2002 on Child Protection, is a descriptive analysis which describes, explains, and analyzes laws theoretically and practically from the field
Diversi Terhadap Anak Yang Berkonflik Dengan Hukum Di Tingkat Penyidikan (Studi Di Polresta Medan)
Diversion is the duty of law enforcer handling the case of criminal offenses committed by children to take action to continue or discontinue court cases. Diversion in an effort to urge people to obey and uphold the laws of the country, its implementation still consider fairness as the top priority in addition to providing the opportunity for offenders to take the path of non-criminal as compensation, social work or supervision of their parents. Investigation authority possessed by police is the initial process in a juvenile justice process. This is due, whether or not children in conflict with the law are processed in juvenile justice is highly dependent on the results of investigations conducted by the Police by first asking for consideration or advice from community mentors. In the case of children in conflict with the law, the police in the execution of discretion can upgrade the case so that the child does not have to deal with a formal court settlement. The formulation of the research problem in this study is the first, the effect of the diversion of children in conflict with the law. Second, synchronization regulations on diversion of children in conflict with the law in Indonesia at the level of investigation. Third, the implementation of the diversion of children in conflict with the law in Medan Police. Diversion done to prevent children perpetrators of the negative impact of the implementation of the juvenile justice practice. Diversion is an idea if the appropriate consideration to avoid the stigma in children. Diversion has a positive and negative influence for children and the other parties involved. There are differences between the Secret Telegram with legislation that is in the application of the diversion of children in terms of the threat of punishment, child investigators, diversion agreement and coordination with the prosecution (the prosecutor) and the determination made by the local District Court. On the implementation of diversion in Medan Police, guidelines used namely Act No. 11 of 2012, the Criminal Police Secret Telegram TR / 1124 / XI / 2006 and TR / 395 / DIT, VI / 2008 but has not made the PP 65 Year 2015 as the Guidelines for the implementation of diversion. There are some reasons why the diversion implementation by the police does not comply with the rules in the Act No. 11 Year 2012. There should be rules governing the supervision of the implementation of diversion. Police should own internal regulations relating to the implementation of diversion and adapted to the legislation in force