UNES Law Review (Universitas Ekasakti Padang)
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Pertanggungjawaban Hukum Panti Asuhan Atas Kelalaian Terhadap Anak Titipan
Get PDFPanti asuhan sebagai institusi sosial bertanggung jawab moral dan hukum dalam memberikan pengasuhan dan perlindungan kepada anak-anak titipan. Anak titipan adalah anak yang secara sukarela dititipkan oleh orang tua atau walinya kepada panti asuhan untuk dirawat dan diasuh, namun pada praktiknya, terjadi kelalaian yang dilakukan pengurus panti asuhan LKSA Ash-Shiddiqiyah Kulon Progo yakni pengasuh sekaligus pimpinan lembaga, Muhammad Tulus melakukan pelecehan seksual terhadap anak asuhnya sendiri di panti asuhan tersebut. Penelitian ini bertujuan untuk menganalisis bentuk pertanggungjawaban hukum panti asuhan apabila terjadi kelalaian dalam pengasuhan anak titipan, serta mengkaji dasar hukum yang mengatur perlindungan terhadap anak di bawah pengasuhan lembaga. Metode penelitian memakai metode empiris, data yang dihasilakan melalui wawancara pada dinas sosial kulon progo dan kantor kelurahan Hargowilis. Temuan riset memperlihatkan. Kasus pencabulan anak oleh pimpinan LKSA Ash-Shiddiqiyah di Kulon Progo menegaskan kerentanan anak terhadap kekerasan di lingkungan yang seharusnya aman. Pelaku dijatuhi hukuman 17 tahun penjara dan denda Rp100 juta berdasarkan Pasal 82 UU No. 35 Tahun 2014 tentang Perlindungan Anak. Peraturan Menteri Sosial No. 5 Tahun 2024 memperkuat pencegahan melalui ketentuan standar SDM dan pengawasan internal (Pasal 31–38), serta sanksi administratif berupa pencabutan izin dan daftar hitam lembaga (Pasal 42), yang menegaskan pentingnya pengawasan dan penegakan hukum dalam perlindungan anak di panti asuhan
Kajian Perbandingan Asas Nasionalitas Hukum Agraria dalam Konteks Internasional
Get PDFOne key aspect of agrarian law is the principle of nationality, questioning who has the right to own and manage land and its natural resources within a jurisdiction. This research employs a comparative legal approach to identify similarities and differences in the nationality principles of agrarian law between Indonesia and several other countries. The countries chosen as examples in this study are Singapore, the Philippines, and Saudi Arabia. The research findings indicate that the nationality principle in agrarian law in Indonesia is based on principles involving restrictions on land ownership by foreigners and prioritizing Indonesian citizens. On the other hand, other countries have different approaches to the nationality of their agrarian laws; some may adopt more liberal systems, while others may enforce stricter rules regarding land ownership by foreign nationals. This comparison provides valuable insights into how the nationality principle in agrarian law can impact economic development, foreign investment, and the protection of the rights of local communities. Furthermore, the results of this research also have significant implications in the context of globalization and cross-border investments. This study can serve as a foundation for policymakers to consider agrarian law reforms to enhance investment attractiveness and safeguard the rights of communities
Pertanggungjawaban Hukum Calon Notaris dalam Menjaga Kerahasiaan Pembuatan Akta dalam Optik Kepastian Hukum
Get PDFIn functional subjectivity in law, a person who is a notary in criminal or civil and administrative matters due to the impact of not being able to maintain the confidentiality of the making of a deed can be associated through laws that are related to preventive legal protection for notaries. The aim of writing this scientific work is to analyze legal accountability. notary candidates in maintaining the confidentiality of deed making in the optics of legal certainty. The research method used is the Normative Juridical method, with a statutory and conceptual approach. The types of legal materials are primary, secondary and tertiary using literature study techniques to search for legal materials. Analysis techniques for systematic interpretation of legal materials. The results obtained are efforts to protect the legal liability of prospective notaries in maintaining confidentiality making deeds in the optics of legal certainty contained in preventive law which has 2 (two) aspects, namely the internal aspect preventive legal protection in the form of considering worker qualifications, increasing supervision, making work agreements and repression. On the side externally, there are special provisions in the UUJN regarding the position of workers as an instrument witness. Repressive legal protection in the form of filing criminal cases and civil lawsuits. The existence of repressive efforts constitutes mitigation efforts, meaning that these efforts are emphasized more in the event of a lossborne by the Notar
Saksi Pelaku yang Bekerjasama pada Pengungkapan Kasus Tindak Pidana Pembunuhan Berencana dalam Sistem Peradilan Pidana (Studi Putusan Nomor: 798/PID.B/2022/PN.JKT.SEL)
Get PDFThis research aims to determine and analyze the regulations regarding cooperating perpetrator witnesses as the basis for judicial consideration in determining the status of cooperating perpetrator witnesses in the disclosure of premeditated murder cases in decision number 798/Pid.b/2022/PN.Jkt.Sel. Additionally, the study explores the extent of the involvement of cooperating perpetrator witnesses in general criminal offenses as a form of legal discovery. The research method employed is normative research using a case and legal approach to analyze primary legal materials, such as the court decision number 798/Pid.b/2022/PN.Jkt.Sel, and the Law No. 31 of 2014, SEMA 4 of 2011, and Joint Regulations of 2011. The results of the research indicate that, first: the regulation of cooperating perpetrator witnesses applies only to specific criminal offenses as mentioned. However, the judge\u27s considerations in the a quo decision state that the Defendant Eliezer deserves to be designated as a cooperating perpetrator witness in the premeditated murder case based on the explanation in Article 5 Paragraph (2) of Law No. 31 of 2014 and later other conditions in Article 28 Paragraph (2). Second: Due to the complexity of disclosing serious and organized general criminal cases (casuistic), the conditions regarding the types of penalties are expanded for general criminal offenses with specified limitations
Analisis Keabsahan Akta Di Bawah Tangan Atas Jual Beli Tanah yang Mengandung Cacat Kehendak Serta Penerapan Kriteria Pembeli Beritikad Baik (Studi Putusan Nomor 18/Pdt.G/2021/Pn Wtp)
Get PDFThe purpose of writing this article is to find out the validity of buying and selling land under the hands and also to understand the criteria for buyers in good faith. The basis of this research is Decision Number 18/Pdt.G/2021/PN Wtp. This writing uses normative juridical research methods. Based on the analysis and looking at the court decision, it is known that the sale and purchase carried out is invalid because the land is inherited land that has not been divided, but the seller who is the heir sells the land without the knowledge of the other heirs so that the sale and purchase contains a defect in the will because it is not based on an agreement. together. However, the sale and purchase was also based on deception carried out by the seller against the buyer (Defendant) where the buyer was not aware of any defects in the sale and purchase. Based on this, the buyer should be said to be a buyer in good faith, but even so, the buyer is obliged to objectively examine the ownership of the land
Kekuatan Pembuktian Saksi Testimonium De Auditu Dalam Tindak Pidana Kejahatan Terhadap Kesusilaan (Tinjauan Putusan Perkara Pengadilan Negeri Surabaya Nomor 1361/Pid.B/2022/PN. Sby)
Get PDFThis research aims to determine the evidentiary strength of testimonium de auditu and its position as a witness in trials of crimes against morality. This research uses normative legal research methods with a statutory approach, a case approach using Surabaya District Court Decision Number 1361/Pid.B/2022/PN Sby. The data collection instrument was carried out through secondary data obtained from literature. The data obtained is in the form of primary legal materials, secondary legal materials and tertiary legal materials. The data is then arranged systematically through an emphasis on understanding using qualitative descriptive methods. The results of this research indicate that the position and strength of a testimonium de auditu witness in a court trial is valid in accordance with the Constitutional Court decision No. 65/PUU-VIII/2010 and its strength depends on the conformity between the facts in the field and the witness\u27 testimony in the trial. Then, further regulation is needed in the future regarding the meaning of witness testimonium de auditu in the upcoming revision of the Criminal Procedure Code regarding the differences in meaning with Constitutional Court Decision No. 65/PUU-VIII/2010 for the sake of implementing justice as well as legal certainty in a criminal justice process
Analisa Hukum Terhadap Pemanfaatan Logam Tanah Jarang Berdasarkan UU No. 3 Tahun 2020 Tentang Perubahan Atas Undang-Undang No. 4 Tahun 2009 Tentang Pertambangan Mineral dan Batubara JO. PP No. 96 Tahun 2021 Tentang Pelaksanaan Kegiatan Usaha Pertambangan
Get PDFThe management and utilization of rare earth elements (REEs) have not been comprehensively regulated in the existing national legislation. Nevertheless, an analysis of Law No. 3 of 2020, which amends Law No. 4 of 2009 on Mineral and Coal Mining, suggests that the management of REEs is carried out within the framework of downstream mining policies that focus on increasing the value-added to raw materials, including purification processes before distribution to the market can be done. Government Regulation No. 96 of 2021 on the Implementation of Mineral and Coal Mining recognizes that rare earth metal elements such as monazite and xenotime are part of metallic minerals, and the obligation for processing and/or purification of REEs is outlined in the Minister of Energy and Mineral Resources Regulation No. 25 of 2018. even though the existence of LTJ has a strategic role in providing industrial and defense needs in the future. The currently very limited management and utilization policy for REEs in the country is contradictory to the latest sea sand sedimentation management policy contained in Government Regulation Number 26 of 2023 because it implies that there is an opportunity to export sea sand and its derivative products without prioritizing the conservation aspect of REEs. Regarding the relevant authority, the management and utilization of REEs also involve two central ministries, namely the Ministry of Energy and Mineral Resources and the Ministry of Industry, in order to create an effective and optimal roadmap for REEs management and utilisation in line with national interests
Penyelesaian Sengketa Perceraian Di Pengadilan Agama Pasca Pemberlakuan Sema Nomor 1 Tahun 2022 (Analisis Putusan Pengadilan Agama Painan Nomor 492/Pdt.G/2023/PA.Pn.)
Get PDFThis study aims to analyze the settlement of divorce disputes in religious courts after the implementation of the Circular Letter of the Supreme Court of the Republic of Indonesia Number 1 of 2022 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2022 as Guidelines for the Implementation of Tasks for the Courts dated December 15, 2022. The method used for this research is a normative legal research method that refers to literature research and laws, then data collection and analysis are carried out after which conclusions are drawn using the deductive method of thought. The results showed that, the issuance of the Formulation of the Religious Chamber number 1 letter b point 2) Circular Letter Number 1 of 2022 which stipulates that in an effort to maintain a marriage and fulfill the principle of making divorce difficult, divorce cases on the grounds of continuous disputes and quarrels can be granted if it is proven that the husband / wife is in continuous dispute and quarrel, or has separated the place of residence for at least 6 (six) months does not just appear but goes through a long process. The Supreme Court through the formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 4 of 2014 also provides a number of indicators as a clue to the condition of a broken marriage. This is then refined in Supreme Court Circular Letter 3 of 2018 which provides instructions to judges to consider sufficiently and thoroughly in adjudicating divorce cases. The formulation of the Religious Chamber Meeting in Supreme Court Circular Letter 1 of 2022 emphasizes the provisions of Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage which makes it easier for judges to explore the root causes of divorce filed by husband or wife to minimize the reasons for divorce of continuous disputes and quarrels
Penegakan Hukum Pidana Terhadap Penyelundupan Satwa yang Dilindungi
Get PDFThe government protects animals that need to be safeguarded. Which in this situation means that people are not permitted to perform acts that are contrary to the norms established by the government, in this case with regard to protected animals. Article 1 point 1 of Law No. 5 of 1990 concerning Conservation of Natural Resources states that animals that develop and dwell on land, in the air, or in water and have various natural characteristics are considered separate creatures, including those that are managed by people or that are found in the wild. The formulation in this study is as follows how is the legal regulation of animal smuggling and how are criminal sanctions against animal smuggling. The method used is a method of normative legal research. It is expected that the government and the people of Indonesia, in particular, to be willing to participate in protecting and eradicating people in terms of hunting protected wild animals, where it aims to keep rare animals around us sustainabl
Implementasi Hukum Tanah Wakaf dalam Konflik Pembangunan Masjid yang Berdekatan dengan Masjid Lainnya Perspektif Ibnu Taimiyyah (Studi Kasus di Desa Sei Lumut Kecamatan Panai Hilir Kabupaten Labuhanbatu)
Get PDFThis research is a type of qualitative research located in Sei Lumut Village, Labuhan Batu Regency, with the research objectives being: 1) to find out how the waqf law is implemented on the activation of the benefits of waqaf land built by a mosque in Sei Lumut village; 2) to find out what Ibn Taimiyah\u27s perspective was regarding the conflict over waqf land negotiations for the mosque built in Sei Lumut village. The results of the research show that the act of transferring the benefits of waqf land carried out by the waqif\u27s children to become a mosque building is completely inconsistent with the provisions of Law no. 41 of 2004 concerning waqf and has violated articles 22, 23, 40, and article 41 and therefore his actions can also be subject to sanctions as stated in article 67 of Law no. 41 of 2004 concerning waqf. Meanwhile, according to Ibn Taimiyah\u27s perspective, mosques built on waqf land are classified as dhiraran mosques built for the detriment of many people. They are permitted to be demolished to not cause obstacles among the people