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Juridical Analysis About Cyberbullying Cases by Child Perpetrators Against Child Victims
No full textThis study discusses the legal protection of a child victim of cyberbullying and a child perpetrator. This research raised a case where a child with the initial "Z" who became a victim of cyberbullying from her schoolmate with the initial "S". The research method used is the normative-juridical method: processing legal materials collected through a literature review.This study aims to determine the applicable law (legal protection) against the child victims of cyberbullying, based on Law No.35 of 2014 in conjunction with Law No.11 of 2008. In terms of the child perpetrator of cyberbullying, the criminal justice system of the children must be based on Law No. 11 of 2012.The result shows that "Z", the child victim of Cyberbullying, has received positive legal protection in Indonesia based on Article 76C of Law 35/2014, and Article 27 paragraph (4) juncto Article 28 paragraph (2) of Law 11/2012. Child "S" who terrorizes Child "Z" via WhatsApp may be subject to criminal sanctions in accordance to Article 80 paragraph (1) of Law 35/2014 juncto Article 45 paragraph (1) and (2) of Law 11/2008 junctis Article 81 of Law 11/2012. This case criminal sanctions can be imposed on Child "S" with Law 11/2012
Urgency of The Position of District Election Supervisory Body in The Resolution of Disputes Between Participants in The Regional Head Election in Indonesia
No full textThe ad hoc position of the District Election supervisory body will have an impact on actions to carry out the functions and duties of the District Election supervisory body during the election of regional heads. This study aims to determine the urgency of the position of the District Election supervisory body in the formation of effective supervision in the Pilkada and to find out the Mechanism of Dispute Resolution between Election Participants by the District Election supervisory body in the election of regional heads. This study uses a normative juridical research method, with secondary data and a conceptual approach. The data were analyzed qualitatively. The result of the first study is that the decision of the Election supervisory body an ad hoc institution is binding but still limited and not final because the aggrieved party can file a lawsuit to the State Administrative High Court. The mechanism for resolving disputes between participants in the Pilkada organizers by the District Election supervisory body is regulated technically through Election supervisory body Number 2 of 2020. Disputes between participants are carried out on the principle of the quick and simple, same-day to achieve legal certainty and benefit in regional head elections
Effectiveness of Social Work Sanction as a Substitute for Imprisonment in The Perspective of Sentencing Purposes
No full textABSTRACTImprisonment is a criminal sanction that eliminates the freedom of perpetrators with the aim of providing a deterrent effect so as not to commit criminal acts and improve behavior in order to become better human beings. In this study, problems were formulated regarding the effectiveness of social work sanctions as a substitute for imprisonment from the perspective of sentencing purposes. This study uses a normative juridical approach, with descriptive-analytical research specifications. The data used are primary data obtained through an analytical study of applicable laws, followed by concepts that have been carried out, and secondary data obtained through literature studies (references from various countries that have imposed social work sanctions), which are then analyzed utilizing a comparison between primary and secondary data qualitatively. From the study results the issue regarding the effectiveness of social work sanction as a substitute for imprisonment focuses on changing the behavior of the convict in reducing the level of crime in society and the effectiveness of social work punishment for criminals associated with the purpose of sentencing, it is used as an alternative for sentencing that is in line with the purpose of sentencing itself
Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card
No full textThis study aims to analyzes the status of unregistered marriages recorded in the Family Card from maqashid syariah point of view. The methods applied in this study is normative legal research by relying on secondary data. The approaches used to analyze research problem are statutory and conceptual approach. The results of study indicate that according to Islamic law point of view unregistered marriage is a legal marriage. Marriage and marriage registration are two different dimensions. The marriage contract which is pledged based on syariah law results in religious legal relationship; while marriage registration results in legal acknowledgement in the view of national law and may protect the couple from any legal issue that may arise in the future. From the perspective of maqashid syariah, unregistered marriage may cause a lot of harm for the lives of couple and their children. The status of unregistered marriage is hard to be recognized by the Religious Courts because there is no evidence of marriage that may be shown by the couple. Therefore, it is suggested for unregistered marriage couple to conduct isbat nikah (renew of marriage) so that their marriage is recognized and registered by the state through Office of Religious Affairs
The Problem of Criminalization of Commercial Sexual Workers and Users of Prostitution Services
No full textProstitution is a complex problem because it intersects with so many aspects, especially in women's rights. However, the complexity of the problem is not accompanied by legal certainty of regulations regarding prostitution. This paper aims to find out and understand how the problem of criminalization of prostitutes and users of prostitution services in Indonesia. This research method is normative juridical law research with a concept and legislation approach. Data used secondary data consisting of primary, secondary, and tertiary materials. The result found is a legal vacuum related to the regulation of prostitution actions so that prostitutes and users of prostitution services often escape the legal snare. The need for criminalization as a countermeasure against users of prostitution services that are key in the practice of prostitution and protecting women's rights. As well as countermeasures by providing rehabilitation for prostitutes and in them to have skills and not fall back into the vortex of prostitution practices
Implementation of the Clearance Settlement System for International Arrival and Departures of Immigration Juanda Surabaya
No full textThe Juanda Surabaya Immigration Manifest System application is an innovation implemented at the Class I Immigration Office for Surabaya Immigration Checkpoint. The implementation of this policy is intended as a basis for making decisions and evaluating the performance that has been carried out. The manifest system is a clearance process to obtain permits for international departures and arrivals. The clearance process is very vital, especially in the supervisory function on aspects of immigration inspection as the enforcement of state sovereignty. It is considered vital because Indonesian citizens and foreign nationals who will enter or leave Indonesian territory will be filtered through the clearance process .This research was conducted by implementing George C. Edward III theory which puts forward4 (four) variables. These variables include communication, resources, attitudes or tendencies (disposition), and bureaucratic structure. A mixed-method of qualitative and quantitative analysis was used for this study. The results obtained are 3.40; 2.04; 3.83 and 3.43;. They show that the manifest system as the completion of the clearance process is a system that can be used as a reference to be implemented at Immigration Checkpoint (TPI), especially at international airports throughout Indonesia
The Effect of the Arrangement to Implement Local Working of Patents on the Policy of State's Responsibility in Fulfilling Public Accessibility Rights to Patent Medicine
No full textThe amendment of Article 20 of Law Number 13 of 2016 concerning Patents through Article 107 of Law Number 11 of 2020 concerning Job Creation raises concern. The public shows concern that their accessibility rights to get medicines in order to fulfill the right to health will be restricted. There is a conflict of interest between Government of Indonesia's obligation to fulfill its citizen's right to access medicine and its commitment to international agreements. This study used a doctrinal approach by analyzing secondary data. Specifically, it analyzed various policies related to the provision of medicines by government as part of it s obligations to fulfill the right to health of its citizens. The results of this study conclude that the state's obligation to fulfill the accessibility of patent medicine is carried out through several policies. These policies include the policy on the development of the pharmaceutical industry for medicine raw materials and innovative medicine. There is also the policies on ensuring the safety and efficacy of medicine through medicine registration. The government also fulfills the accessibility of patent medicine through the policies for medicine availability in urgent circumstances with the implementation of patent held by the government (governmental use). In addition, there is also the policy of independence in the use of domestically produced medicine. The policy on the obligation to apply local patent that can be replaced by importing does not really affect the availability of patent medicine. It is because the technological capabilities of the pharmaceutical industry are still limited to the ability to formulate medicine. Indonesian pharmaceutical industry does not yet have the ability for the development of innovative medicine. Furthermore, the government issues various policies and regulations to facilitate the acceptance of qualified generic medicine. It is done to meet the needs of the community, as well as to fulfill the right to health for the community as part of the state's obligations. Indonesia as a country rich in bio-diversity needs mandatory policies for national pharmaceutical companies to develop raw materials for biopharmaceutical medicine
Public Participation after the Law- Making Procedure Law of 2022
No full textConstitutional Court Decision No. 91/PUU-XVIII/2020 affects Law no. 11 of 2020 concerning Job Creation. More than that, the Constitutional Court's decision seems to portray the fundamental problems of the law-making process that must be corrected immediately. These problems are, first, the Omnibus method in Law no. 12 of 2011 concerning the Establishment of Legislation. Second, procedural error and a change in the text after the mutual agreement. Third, ignoring meaningful public participation in the formation of laws. This research will focus on correcting the Constitutional Court to the process of law formation to prioritize meaningful participation, not just a mere formality. The legislators then followed up the Constitutional Court's notes by revising Law no. 12 of 2011 concerning the Establishment of Legislation for the second time become Law no. 13 of 2022, one of the substances of which is to change the provisions of Article 96, which contains the regulation of public participation in the formation of laws. The formulations of the problem raised in this study are: what is the meaning of meaningful public participation in the construction of rules based on the Constitutional Court Decision No. 91/PUU-XVIII/2020, and what is the ideal arrangement in Law no. 12 of 2011 concerning the Formation of Legislations to accommodate meaningful participation in the formation of laws. This study found that Law no. 13 of 2022 cannot accommodate meaningful participation because it is still a right and not an obligation. Then legislators must create information technology-based tools that help increase meaningful participation in law-making
Corrections (Pemasyarakatan) after Law Number 22 of 2022: New Principles and Policy Identification Regarding the Functions of Probation and Parole Offices
No full textThe enactment of Law Number 22 of 2022 concerning Corrections (Pemasyarakatan), which replaces the previous Law Number 12 of 1995, significantly changes the implementation of Correctional functions, mainly the functions carried out by Probation and Parole Offices. If in the 1995 Law Corrections is only referred to as the final part of the Criminal Justice System, the new Law emphasizes the position of Corrections which are more integrated with the entire criminal justice process, so that Correctional functions are carried out at the pre-adjudication, adjudication, and post-adjudication stages. This amendment to the law is also interesting to be studied conceptually, especially to find out what principles are contained in it that form the basis for implementing the functions of Corrections. In line with this, it is also essential to identify what kind of policy changes should be carried out regarding the functions of Probation and Parole Offices in the future with the existence of new principles and differences of provisions in terms of the implementation of corrections functions. By using conceptual analysis methods, particularly policy detection analysis, which is technically carried out in two stages; first, the analysis stage of the content of the law and second, the theoretical coherence analysis stage, this paper comes to two conclusions. First, this paper finds an affirmation of new principles in Law Number 22 of 2022, namely the principle of restorative reintegration, the principle of evidence-based treatments, the principle of individualization, the principle of continuity, and the principle of collaboration. Second, this paper identifies 5 (five) policy changes that need to be made regarding the function of the Probation and Parole Office according to those principles. The policies that must be implemented can be divided into three groups"”first, the need for further operationalization of the restorative reintegration concept described by this law. Second, the need for reformulation of various instruments needed in implementing functions, especially social inquiry reports. Third, the need for facilitative strengthening, especially the quantity and quality of probation and parole officers and other facilitative supports
The Existence of A Norm Regarding The Execution of Fiduciary Guarantees After The Issuance of The Constitutional Court Decision Number 18/PUU/XVII/2019
No full textThe issuance of the decision of the Constitutional Court Number 18/PUU-XVII/2019 on January 6, 2020, caused a change in the execution pattern of Fiduciary Guarantee objects. The issuance of this Constitutional Court decision was not accompanied by creating a new norm regarding the execution pattern of Fiduciary Guarantee objects. It brings legal uncertainty and ambiguity in executing Fiduciary Guarantee objects. Therefore, the statements of the problem in this paper are how is the pattern of execution after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019? And how is the existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019? The research method used is the normative legal research method. The pattern of execution of Fiduciary Guarantee objects after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 experienced ambiguity and obscurity because the contents of the Constitutional Court's decision were only general norms. The existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019 is necessary to support legal certainty in executing objects of Fiduciary Guarantee