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KONSEP DIVERSI TERHADAP ANAK PENYANDANG DISABILITAS SEBAGAI PELAKU TINDAK PIDANA DALAM SISTEM PERADILAN PIDANA ANAK
Get PDFThis study aims to determine the concept of diversion in the criminal justice system of children for children with disabilities as perpetrators of criminal acts. The pattern of life in a society that is influenced by the development of information technology makes it easier for crime to reach children, as a person who is still vulnerable to committing a crime, including for certain children with disabilities. Children as perpetrators of criminal acts will go through stages in the criminal justice system of children. Diversion is one of the hallmarks of the criminal justice system. Thus, the researcher wants to know the concept of diversion in the settlement of crime committed by the child as a person with disability. This research is a doctrinal normative legal research with conceptual approach and approach of law. Normative legal research based on secondary legal material as a study material to look for principles, doctrines and sources of law in the philosophical, sociological and juridical sense. This study will analyze some cases in several District Courts in Yogyakarta Special Region. The research result’s is found some arrangement of criminal law to children with disability. The concept of diversion against children with disabilities as perpetrators of criminal offenses can not be implemented based on the results of judicial review of the verdicts on divrsion in the criminal justice syste
PELAPORAN PROGRAM KEMITRAAN DAN BINA LINGKUNGAN SERTA CORPORATE SOCIAL RESPONSIBILITY BADAN USAHA MILIK NEGARA
Get PDFAct number 13 of 2003 on State Owned Enterprise obligate State Owned Enterprise to pay attention on social issues through Partnership and Community Development Program (PKBL). Meanwhile Act number 40 of 2007 on the Limited Liability Company instruct Limited Liability Company to implement Social and Environmental Responsibility which often called as Corporate Social Responsibility (CSR). These two programs are practically have almost the same form, thus assign a double burden for SOEs on its implementation. This study aims are to find out the mechanism of implementation and reporting of PKBL and CSR from SOEs which are both regulated in different legal regimes. This research is conducted normatively by reviewing various rules and legal documents and empirically by assessing various implementation of PKBL and CSR by SOEs. The result of this study indicate that SOEs must perform PKBL if they have profits, while SOEs related to natural resources industry have to implement CSR which obtained from company’s budget. Both programs are implemented in the same form in providing social assistance and community business. The CSR report is only reported in the Company's annual report to be accounted in front of General Meeting of Shareholders. While the aims of Partnership and Community Development Program financial reporting is to provide information on financial position, activity and cash flow statement and records, for stakeholder’s decision making
Kedudukan Hukum PERMA Nomor 2 Tahun 2012 dalam Perspektif Sistem Peradilan Pidana (Studi di Pengadilan Negeri Kelas I Kupang)
Get PDFThis study aims to determine the position and the application of criminal penalties in accordance with the Supreme Court Decree Number 2 of 2012 concerning Adjustment of Limitation of Minor Crime and Amount of Fine in the Penal Code from the Perspective of the Criminal Justice System. The nature of research is normative legal research. Data in the form of court decision was take from the Kupang District Court. Study was made against the theft case involving an accused named Yohamir Amtiran Alias Hamir Amtiran which is registered in the mentioned court numbered 205/ Pen.Pid / 2015 / PN.KPG. The accused person has been alleged for having stolen two watches, one with Giotana brand, silver-colored boxy, and another one with SEIKO brand, spherical gold. The theft was committed at night in a house owned by Indriani Listya Purwanti Indri alias Indri located in BSB Housing Complex, Puri Lontar Street, Oebufu Village, Oebobo Subdistrict, in Kupang. The economic value of the stolen properties is approximately Rp 1,500,000.00 (one million and five hundred thousand rupiahs). The accused was tried with the ordinary criminal proceedings and put under detention. It is clear that the judges have not yet implemented the above mentioned Supreme Court Decree
KOMPARASI PENYELESAIAN PENGADUAN NASABAH ANTARA BPD D.I. YOGYAKARTA DAN BPR DANAGUNG BAKTI GROUP
Get PDFThis study is determined how the settlement system of customer claims the Regional Development Bank of Yogyakarta and Danagung Bakti’s Rural Bank and its Legal Implications. This study is non-doctrinal or empirical. The type of the research is empirical research and the research approach is the law concept with data sources of primary data, secondary, and tertiary. Data was collected through interviews, and study literature or documents. The result of this study is the system settlement of Customer Complaints in Regional Development Bank of Yogyakarta and Danagung Bakti’s Rural Bank accordance with PBI Numb. 7/7/PBI/2005 as amended by Regulation Numb.10/10/PBI/2008 on settlement of Customer Complaints although the level of implementation in the field there are still some deficiencies. The legal implications concerning the existence of Standart Operating Procedure in the Regional Development Bank (BPD) of DIY result in the smooth implementation of the Customer Complaints Settlement process at Regional Development Bank DIY while the implications related to the absence of Standart Operating Procedure in Bank Perkreditan Rakyat Danagung Bakti cause still less optimal settlement process of customer complaint in Danagung Bakti Rural Bank
ASPEK HUKUM PENGADAAN BARANG DAN JASA PEMERINTAH, SUATU TINJAUAN YURIDIS PERATURAN PENGADAAN BARANG DAN JASA PEMERINTAH
No full textProcurement of goods and services for the benefit of the government is one tool to drive the wheels of the economy, in order to improve the national economy to the welfare of Indonesian life, for the procurement of goods and services, especially in the public sector is closely linked to the use of the state budget. Through normative juridical research, this study found the legal aspects of government procurement of goods and services, especially in terms of a review of the juridical rules of government procurement. Arrangements regarding the procedures for the procurement of government goods and services in Presidential Decree No. 54 Year 2010 jouncto Presidential Decree No. 70 The year 2012 is expected to increase conducive investment climate, efficiency of public spending, and accelerating the implementation of APBN/APBD. Government procurement of goods and services currently on aspects of administrative law, civil law and criminal law. In the procurement of goods and services should apply the general principles, good principles that have long been known in state financial management, such as the principle annual, the principle of universality, the principle of unity, and the principle of specialty as well as the principles of the new as reflecting best practices (application of the rules good) in the management of state finances
Pergeseran Aturan Netralitas Aparatur Sipil Negara dalam Pemilihan Umum
Get PDFThe State Civil Apparatus (ASN) is the executor of government and development tasks. Therefore the ASN must be neutral. Based on Law Number 5 of 2014, the neutrality of the ASN is free from the influence and intervention of all political parties and groups. To maintain and guarantee the neutrality the integrity, cohesiveness, and unity of the State Civil Apparatus from the influence of political parties and to focus all attention, mind and energy on the tasks charged, the ASN is prohibited from becoming a member and/or administrator of political parties. In the past, the neutrality of the ASN began in the Old Order, when the issuance of Presidential Regulation Number 2 of 1959 concerning the Prohibition of Civil Servants and Public Officials in Political Parties. Furthermore, this Presidential Regulation was followed up and expanded with a Circular Letter of the President of the Republic of Indonesia Number 2 of 1959 concerning Prohibition of Membership of Political Parties for State Officials that Carry Out State Obligations Outside of Positions which they hold. Furthermore, in the New Order period, Law Number 8 of 1974 concerning the Principles of Staffing, while during the Reform Order was issued, among others, Law Number 43 of 1999, Civil servants must be neutral from the influence of all groups and parties and not discriminatory in providing services to the public. And the Reform Order was issued Law Number 5 of 2014 and other regulations related to the neutrality of the AS
ANALISIS YURIDIS PUTUSAN BEBAS TERDAKWA ANGGOTA POLRI DALAM PERKARA TERTEMBAKNYA WARGA SIPIL DI MESUJI LAMPUNG
Get PDFThe Free Verdict handed down by the Appellate Court of the Tanjungkarang High Court is a judgment that has fulfilled the sense of justice for the defendant AKP WH as a member of the Police, because the Panel of Judges has shown the authority of this law in the eyes of the public in general and gives appreciation to the Indonesian Police measures in securing the show anarchist feelings that people do. However, the justification justifying the decision of the Tanjungkarang High Court of Appeals Court is the issue that needs to be investigated to determine what is considered by the Panel of Justices so that in its decision to free the Defendant AKP WH from all charges.The conclusion of the research that has been done is that the free judgment handed down by the Appeals Judge to the defendant is based on several considerations that are used as justification reasons, among others; the defendant has performed his duties in accordance with the procedures laid down in the applicable law and the use of firearms to disperse anarchist masses and no longer any party to the act of the defendant, material or moral, as all parties have agreed to make peace. Reviewing the facts presented in the appeals court by the Appeals Panel is used as the Rejection and Forgiveness Reason because there is no longer any legal provisions violated by the defendant AKP WH, the Panel of Judges frees the defendant from all charge
Penormaan Pengawasan Izin Lingkungan dalam Pencegahan Pencemaran dan Kerusakan Lingkungan Hidup dalam Eksploitasi Sumber Daya Alam
Get PDFIn environmental protection and management, the main effort is to prevent pollution and damage on environment instead of repressing the damages occurred. Permit is one of preventive measures and becomes a principle in Administrative Law. Permits can be seen as government’s tool as judicial preventive and used as an administrative instrument to control people's behavior. Environmental permit can be seen as preventive measure, because it always related to orders and obligations that must be obeyed by the holder. On the other hand, environmental permit also function as repressive instrument to counter environmental problems due to human activities, including mining. The norm’s obscurity on the supervision of environmental permits in in Law No. 32 Year 2009 on Environmental Protection and Management (hereafter will refer as UUPPLH) is an indicator for the lack of the objective results.Based on type, this research focuses the study on the Environmental permit as an absolute requirement. Normatively, the principle of environmental permit as stipulated in Environmental Law regulates that every business and/or activity which required an Environmental Impact Analysis document or UKL-UPL should also hold an environmental permit. The purpose of Environmental permits is to maintain the preservation of environmental functions while also prevent and counter environmental pollution and damage due to human activities. Based on this construction, permits plays a very important role in environmental activity. Exploitation of natural resources has a significant impact on the environment, thus based on Article 22 paragraph (1) of Environmental Law these activities requires an Environment Impact Analysis. Important impacts as detailed in Article 22 paragraph (2) at empirical level still occurs so the goal of preventing pollution and damage as the objective of environmental permits still has not been achieved