DEDIKASI JURNAL MAHASISWA
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TINDAKAN HUKUM TERHADAP KURIR NARKOBA DILAKUKAN ANAK DIBAWAH UMUR BERDASARKAN UNDANG-UNDANG NARKOTIKA
Get PDFABSTRACTNarcotics abuse no longer looks at age ranging from teenagers, adults to parents. It is not uncommon for narcotics dealers to use underage children to be used as couriers for illegal drugs. Lack of knowledge of narcotics and the inability to refuse and resist, make minors the target of narcotics dealers to distribute narcotics widely and covertly. The problem of this thesis is: 1) how are legal sanctions against underage drug couriers? 2) how to protect the rights of children who become drug couriers?The research methods and techniques used are normative methods and research by means of library research, namely activities carried out by collecting data and studying books that have to do with research and research documents or archives relating to research, namely drug couriers who are still underage. The conclusions in this thesis are 1) the imposition of convictions on children who become drug couriers as stipulated in as stipulated by the types of crimes that can be imposed by child judges in Article 71 paragraph 91) and (2) Law No. 11 of 2012 concerning the Juvenile Justice System must be considered regarding the articles applied in accordance with Law No. 35 of 2009 concerning Narcotics 2) before entering the process of imprisonment of the child against children who become narcotics couriers, there are legal safeguards under the Child Criminal Justice System Law through a restorative justice approach to achieve diversion and based on the discretion from law enforcement. But for children as narcotics couriers, the threat of punishment is more than 7 (seven) years, it is not compulsory for diversion.Keywords: Legal Protection, Courier, Narcotics, Childre
KEDUDUKAN BARANG BUKTI DALAM PERKARA PIDANA DITINJAU BERDASARKAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA
Get PDFABSTRACTIn the Criminal Procedure Code, the evidence is not regulated in it but in the Criminal Procedure Code, the term evidence, also known as the term evidence, it appears that the evidence is not mentioned as included in one of the valid evidences. In other words, evidence is not a proof, questions can arise from here regarding the position of "evidence". Based on this description, the main problems in this paper are: (1) How the position of the evidence in the process of proving criminal cases according to the Criminal Procedure Code and (2) Is the Evidence a basis for proving a crime according to the Criminal Procedure Code. The approach to the problem used is normative juridical, legislative approach and co-conceptual approach. Collection of materials used are primary, secondary and tertiary data, collection of materials and processing of materials with literature. In this study, it will be analyzed using qualitative normative methods with deductive logic, namely thinking with general things that lead to specific things. The evidence basically can be used to declare an error in a criminal act, with a note that the evidence used as supporting evidence is valid as stipulated in the Criminal Procedure Code, because basically as long as the evidence is an item used to commit a criminal act , or an item is a result of a criminal act, the evidence is also supported by evidence. As for the author's suggestion in the changes to the KUHAP in the future, it should be one of the things that deserves to be implemented in its change is a clearer arrangement related to the position of evidence, as part of the evidentiary instrument in a criminal case. .Keywords: Evidence Item, Evidence Tool, Evidence and KUHAP
PENERAPAN DIVERSI DALAM PERKARA PELANGGARAN LALU LINTAS YANG MENYEBABKAN KECELAKAAN ORANG LAIN YANG DILAKUKAN OLEH ANAK DI KOTA SAMARINDA
Get PDFAbstractDiversion is an effort to resolve cases committed by children who are in conflict with the law by involving victims and perpetrators and their respective families, which are expected to produce an agreement that is not punitive but still prioritizes the interests and responsibilities of the offender's child. criminal, victims, and society and guarantee the human rights of children in conflict with the law.This study aims to determine the application of diversion in cases of traffic violations that cause other people's accidents by children in the city of Samarinda and to find out the constraints of applying diversion in cases of traffic violations that cause other people's accidents committed by children in Samarinda city.This research was conducted at the Kapolres Kota Samarinda by using data collection techniques, namely interviews.Primary data, secondary and tertiary data obtained are then processed and analyzed qualitatively and presented descriptively. The results obtained from this study were the application of diversion in traffic accidents at the Samarinda Police. The results showed that the police, especially at the Samarinda Police who handled traffic accidents, had implemented the principle of diversion optimally, the form of child crime could be pursued through diversion in Samarinda City with the condition for children whose threat period is under 7 (seven) years is obliged to use Diversion.The purpose of the diversion itself is so that children in conflict with the law are not stigmatized as a result of the judicial process they have to carry out and avoid negative effects on the child's psyche and development. Diversion is the best effort that can be done to protect the rights of the child perpetrators of crime and instill a sense of responsibility to the child. And the application of diversion in traffic accidents has obstacles because it is more about the formulation of a compensation agreement that the victim wants and the ability of the party. the perpetrator and the family of the perpetrator of a criminal act, causing frequent disputes and resulting in difficulties in obtaining a good and fair agreement by both parties
TINDAK PIDANA ATAS PERAMPASAN KENDARAAN BERMOTOR OLEH PERUSAHAAN LEASING TERHADAP NASABAH DI KOTA SAMARINDA
Get PDFAbstractLeasing according to Perpres No. 9 of 2009 concerning financial institutions is a financial institution in the form of capital goods, both for leasing with option rights (finance lease) or leasing without operating rights for tenants to use. for business (lessee). During a certain period during a certain period based on installment financing.Criminal liability for the seizure of motor vehicles by leasing companies to customers in Samarinda City using the services of the Debt Collector both before or after committing criminal acts in the form of threats, and or abuses mentioned above to the debtor is an individual responsibility. Without any connection to companies that use their services in billing. Finance and the consumer in implementing a motor vehicle loan agreement should be based on the principle of good fait
TINJAUAN YURIDIS TERHADAP PEMELIHARAAN ANAK DIBAWAH UMUR (HAK HADHANAH ) AKIBAT SUATU PERCERAIAN BERDASARKAN KOMPILASI HUKUM ISLAM
Get PDFABSTRACT Legal writing (thesis) discusses the study of hadhanah (child custody) problems involving divorce participation and the legal perspective on the problem of parenting underage children. This study includes juridical normative research, data collection techniques used through literature studies both books, legislation and documents, can discuss ways to improve 12-year-old children or mumayyiz dependent in the hands, in accordance with Article 105 Compilation of Islamic Law. In Psychology, children who are closer to what is needed need attention as well as love In connection with the Hadhanah case, asking the father to ask for responsibility for the child after the divorce, he clearly agreed to the terms set out in the Marriage Law in Article 41, and could also be questioned by law, because legal reasons needed by the mother could file a lawsuit based on the Regulation of the Civil Code Article 1365 (Acts against the law) and on the basis of wan achievement. Keywords: Hadhanah Rights, Divorc
KEDUDUKAN ANAK TERHADAP HARTA WARISAN DALAM PERKAWINAN DIBAWAH TANGAN DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
Get PDFAbstractThe problem in this study is the position of children born from marriage under the hands and how the rights of children to inheritance from marriage under the hands based on Law Number 1 of 1974 concerning Marriage. Underhand marriage is still happening in Indonesian society. Submarine marriage is a marriage that does not register the marriage to the authorized institution, namely the Office of Religious Affairs for Muslims and the Civil Registry for non-Muslims. In Article 2 paragraph (2) of Law Num ber 1 of 1974 it is stated that a new marriage is valid if it is carried out according to the laws of each religion and its beliefs. However, the validity of marriage in the eyes of religion and public trust needs to be ratified by the state in order to have legal force. The consequences of marriage under the hands are very bad for the wife and for children born both legally, socially and psychologically. Other problems that can be caused from marriage under the hands are the rights and obligations of husband and wife who are not guaranteed in full from the State. The provisions in Article 42 paragraph (1) of Law Number 1 Year 1974 concerning Marriage state that a legitimate child is a child born from or as a result of a legal marriage. So it can be concluded that children born from underage marriages are illegitimate children or out of wedlock children. From the results of the research discussion it is known that Based on the Decision of the Constitutional Court Number 46 / PUU-VIII / 2010 Testing of Law Number 1 of 1974 concerning Marriage to the State Constitution of the Republic of Indonesia Year 194. It is said that children born outside marriage have a civil relationship with his mother and his mother's family and with his man as his father that can be proven based on science and technology and / or other evidence so according to the law he has a blood relationship, including a civil relationship with his father's family
PENANGANAN ANAK YANG BERHADAPAN DENGAN HUKUM BERDASARKAN UNDANG UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK
Get PDFABSTRACTThe problem with street children is not a new problem. These problems tend to appear in big cities including Samarinda in them. The problems which are classified into social problems arise from social changes in society. This factor of social change includes global change that is very fast including science and technology. Urban communities which are generally preoccupied with individual problems make it even more indifferent to the surrounding environment. The impact is the depletion of social relations and a sense of concern for the community and its environment, one of which is street children around them.The method used in this study is a normative juridical method, data or information obtained through library research. From the results of the literature research, secondary data were obtained which included primary legal materials, secondary legal materials and tertiary legal materials. The problem that the author discussed in this paper is the legal psychology perspective on the problem of street children who are faced with the law and the causes of street children facing the law.Based on the results of the study, it can be concluded Based on the data that I have obtained, in general it shows that there are peers' invitations and the economic needs of their families which must be fulfilled as a strong reason for street children to dare to face the law. Besides that, the perspective of legal psychology considers that the age of street children is very influential on psychic street children who commit criminal acts or children in conflict with the law, because the needs of children to grow and develop naturally are not fulfilled due to bad behavior in the streets of teenage street children. (15-21 years) imitated by street children who are categorized as children (7-14 years) and some of the factors that cause street children to face the law include: Parents encourage children to work with reasons to help the family economy; Cases of violence and mistreatment of children by parents are increasing so that children run to the streets; Children are threatened with dropping out of school because parents cannot afford to pay school fees; More and more children are living on the streets because the cost of expensive / increased house contracts; The emergence of competition with adult workers on the streets, so that children are depressed doing work at high risk of safety and exploitation of children by adults on the streets; Children become longer on the streets so new problems arise; and street children are victims of extortion, and sexual exploitation of female street children. Keywords: Street Children, Crime, Psycholog
TINJAUAN YURIDIS BAGI RUMAH SAKIT YANG MENOLAK PASIEN YANG TIDAK MAMPU
Get PDFABSTRACT The state is an organization that has a purpose. In the context of the State of Indonesia, the purpose of the State is set out in the fourth paragraph of the Opening of the 1945 Constitution of the Republic of Indonesia which identifies the State of Indonesia as a State of law aimed at realizing public welfare. Every activity also must be oriented to the objectives to be achieved must also be based on the applicable law as a rule of state activities, government, and society. To achieve these national goals, a sustainable development effort is undertaken which is a series of comprehensive, directed, and integrated development, including health development. In matters of public health, the government is obliged to ensure that its citizens are not sick and also obliged to fulfill the rights of their people to a healthy life and the implementation of conditions that determine people's health because health has become part of the lives of citizens, and to carry out the mandate the State must fulfill the health development principle as written in Article 2 of Law Number 36 the year 2009 concerning Health. Poor health services will adversely affect the interests of the people who need medical services. Especially if the hospital does not provide proper services according to the procedures set out in the Criminal Code, which can cause patients to suffer losses that result in disability or death, then it is a criminal offense and can be criminalized according to Indonesian law. Based on the background description of the problem above, the problems in this paper are: (1) How is the legal protection of poor patients as consumers of services in health services in hospitals? (2) What legal actions can be taken by incapacitated patients for the patient's rejection actions carried out by the hospital? Based on the results of the study as stated above, the following conclusions can be drawn: (1) In an emergency, health care facilities, both government and private, are prohibited from rejecting patients and / or asking for advances. " besides, the act of refusing medical treatment is also a criminal act, so that it can be prosecuted criminally by following under Articles 304 and 531 of the Criminal Code. In the case of refusing hospital medical treatment, the hospital management responsible for violating the law, according to Article 190 paragraph (1) of Law Number 36 the Year 2009 concerning Health. (2) Civil legal action that can be taken by poor patients who are refused by the hospital in an emergency is by filing a breach of tort and unlawful actions. By rejecting poor patients in an emergency, the hospital has defaulted because it did not do what was agreed to do. In this case, the hospital does not do anything in the form of providing medical treatment to poor patients who are in an emergency of course require medical treatment as soon as possible. Provisions in Article 58 Paragraph (1) of the Health Law says that poor patients who are refused a hospital in an emergency can take legal action in the form of a civil claim by demanding compensation to the hospital that committed the refusal. Keywords: Patients, Services, Hospital
PENEGAKAN HUKUM TINDAK PIDANA TERHADAP ANAK PASAL 81 AYAT (1) UNDANG-UNDANG NOMOR 17 TAHUN 2016 TENTANG PERLINDUNGAN ANAK
Get PDFABSTRACT Children are very vulnerable to being subject to violence. This is because children are socially and legally weak objects, so children are often used as material exploitation and impunity for crime due to the weak protection provided by both the social and state environment to children. This has led to widespread cases of violence against children occurring around the social sphere of Indonesian society. Various types and forms of violence with various variants are accepted by Indonesian children, such as murder, rape, molestation, torture, trafficking, abortion, pedophilia, and various exploitation of children in the fields of work, neglect, kidnapping, child escape and hostage taking. In Indonesia, there is already a law that regulates issues concerning children, namely Law Number 17 of 2016 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 Concerning Child Protection into Law - Law, where in law enforcement this Act is the basic reference in the imposition of sanctions or penalties for perpetrators of sexual intercourse against minors. Based on the background described above, the authors formulate the problem as follows: (1) How is the protection of children in law enforcement criminal acts Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection? (2) How is the criminal law enforcement against Children in Article 81 Paragraph (1) of Law Number 17 Year 2016 concerning Child Protection? The conclusions of this paper are: (1) Protecting children is essentially protecting the family, protecting the community, and also protecting the nation. Therefore protection of children is very important. Including protection of children as victims of crime. Law Number 17 Year 2016 concerning Child Protection provides quite a lot of protection for children, even before the crime occurred in children, Law Number 17 Year 2016 which regulates Child Protection has provided protection for children not to become victims of a crime. (2) The imposing of a crime on a child must indeed be different from the imposing of a crime on an adult. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. Children who violate the law of decency should be convicted with crimes that are educating and fostering children towards a better life, so that they become members of the community who obey the law. Therefore the nature of sanctions or actions for children must be different from the nature of criminal sanctions for adults. Criminal offense or action must be accountable and can benefit the child. This is to prevent unintended consequences that are detrimental to the child, so it needs to be considered an ethical basis for punishment that is justice as the only basis for punishment. The criminal must be educative, constructive, not destructive and must meet the interests of the child concerned. Keywords: Child Protection, Law Enforcement, Criminal Act
AKIBAT HUKUM TERHADAP PEMBATALAN PERKAWINAN YANG DILAKUKAN ISTRI PERTAMA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
Get PDFABSTRACT This research is entitled as a result of the law on the cancellation of marriage which was carried out by the first wife based on Law No. 1 of 1974 concerning Marriage. The purpose of this study is to find out how the impact of marital status in the cancellation of marriage and the legal consequences caused to children and property.The impact of the status of the marital cancellation was calculated from the date the decision of the Religious Court was dropped and the decision had a permanent legal force and was valid from the time the marriage took place.The marriage that was deemed to have been broken or never existed and the parties who canceled the marriage returned to their original status because the marriage was deemed to have never existed and the parties had no legal relationship.In the event of a marriage cancellation, the child born of the marriage requested for cancellation remains the responsibility of both parents as before the marriage is canceled. This responsibility will last until the child is mature. Responsibilities include the cost of daily living and education Keywords: cancellation of marriage by first wife, Marriage Ac