JURNAL MERCATORIA
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252 research outputs found
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Legal Analysis of Punishment for Perpetrators of Violence Against Children in the Perspective of Substantive Justice (Study of Decision Number 103/Pid.Sus/2017/PN Psb)
No full textThis study aims to analyze the application of the law to perpetrators of child abuse in Decision Number 103/Pid.Sus/2017/PN Psb and to assess the extent to which the decision reflects the principles of justice and legal protection for child victims. The phenomenon of violence against children in Indonesia continues to increase, but the response of criminal justice often does not fully support the best interests of children. A qualitative approach with a case study design was used in this study, focusing on one court decision as the unit of analysis. Data were collected through court decision documentation, literature studies, and reviews of laws and regulations, which were analyzed descriptively-qualitatively to reveal the suitability of the application of the law to the principles of child protection. The results of the study indicate that normatively, the judge has applied the provisions in Article 80 paragraph (1) in conjunction with Article 76C of Law No. 35 of 2014 by imposing a sentence on the defendant. However, the decision does not fully reflect substantive justice because it does not contain an order for psychological recovery for child victims. This finding indicates that the legal approach still tends to be repressive and has not touched on holistic aspects of recovery. This study contributes to the understanding of the weaknesses of the juvenile criminal justice system in ensuring comprehensive justice. Further research is recommended to examine the implementation of the decision and its impact on the psychosocial conditions of child victims of violence
Efforts to Overcome the Crime of Murder in the Family Reviewed from a Criminological Perspective
No full textThis article aims to analyze efforts to prevent the crime of murder within the family environment from a criminological perspective and to examine criminal responsibility and punishment imposed on perpetrators. The problem is focused on the occurrence of murder cases within the family environment in North Sumatra Province and the factors contributing to these crimes, based on seven reported cases from online media news between 2021 and 2024. In order to approach this problem, criminological theory and criminal law theory are used as the theoretical references to understand the causes of crime and the application of criminal liability. The data is collected through a normative-empirical legal research method, including literature studies, analysis of statutory regulations such as the Criminal Code (KUHP), Law Number 23 of 2004 concerning the Elimination of Domestic Violence, Law Number 1 of 2023, and the examination of relevant online media reports, and analyzed qualitatively. This study concludes that efforts to prevent the crime of murder in the family can be carried out through penal and non-penal approaches. Penal efforts emphasize the enforcement of criminal sanctions, while non-penal efforts focus on preventive measures through education, strengthening family resilience, the role of religious institutions, police involvement, and psychological assistance. The causative factors include emotional instability, parenting patterns, economic pressure, social environment, and weak law enforcement. Effective prevention requires cross-sectoral collaboration to create a just, preventive, and sustainable crime prevention system, while punishment serves both retributive and rehabilitative purposes
Urgency Analysis of Pet Regulation as Subject of Legal Protection
No full textThis study analyzes the urgency of regulating pets as a subject of legal protection in Indonesia. Although pets have the right to be treated humanely, regulations in Indonesia do not specifically recognize pets as legal subjects entitled to legal protection. This study uses a normative juridical approach with an analytical descriptive method to examine regulatory gaps related to pet protection. Data was obtained through literature studies on laws and regulations, legal doctrines, and cases of violence against pets. The results of the study show that existing regulations, such as Criminal Code Article 302 and Law No. 18 of 2009, still focus on the health aspect of livestock and have not accommodated the basic rights of pets. In addition, criminal sanctions for perpetrators of violence against pets are considered ineffective in providing a deterrent effect. This study recommends the establishment of a special law on the protection of pets, a revision of the Criminal Code Article 302, and public education programs to increase awareness about pet rights. The implementation of these regulations is expected to strengthen legal protection for pets and encourage a paradigm shift in society in treating pets as legal subjects who are entitled to protection
The Implications of Turkey's Polygamy Ban on Islamic Family Law
No full textThis article aims to examine the rationale behind Turkey's ban on polygamy, the implications of the prohibition as well as the contradiction with Islamic family regulations. The study uses a qualitative methodology to examine the development of Turkish family law by applying both normative and historical approaches. The results show that the political and legal reforms carried out in 1926 under Mustafa Kemal Ataturk's rule are the source of Turkey's ban on polygamy and unfair treatment of women during the Ottoman Turkish era. Islamic law, which permits polygamy on reasonable grounds and limits it to four spouses, is in conflict with the ban on polygamy in Turki. The implications include the change of the principle marriage law to monogamy, the rise in illegal polygamy that leads to the disregard of the rights of wives and children, social deviations, changes in lifestyle, and injustice for couples who have certain conditions, like infertility or illness, that polygamy should be used to solution but are prohibited by the state
Women's Reproductive Rights (Comparative Family Planning in Indonesia, Malaysia, and Turkiye) in Islamic Perspective
No full textThis article aims to determine women's reproductive rights (comparative family planning in Indonesia, Malaysia, and Turkey) in an Islamic perspective. The problem is focused on women's reproductive rights using family planning. Data were collected by reviewing related research, as well as the Qur'an and laws and regulations using a literature approach method analyzed qualitatively. This study concludes that women's reproductive rights in Indonesia, Malaysia, and Turkey in the Family Planning (KB) program are equally important, although women are still the main users of family planning, their reproductive rights are still burdened. Women must be good mentally, physically, and socially, especially in reproductive rights with the importance of male participation, and freedom to determine their physical and mental choices, and the need to overcome factors that violate women's reproductive rights. The use of family planning in Indonesia, Malaysia, and Turkey differs from the focus of the objectives, the main methods used, and the meaning of the function of family planning from each country. The form of comparison of women's reproductive rights in the Family Planning (KB) program in Indonesia, Malaysia, and Turkey still prioritizes Islamic teachings in KB, which is permitted as long as it is in accordance with Islamic teachings with the aim of regulating spacing and not limiting children except for certain reasons such as threatening the reproductive health of women or men for the common welfare and the impact on state goals
Legal Responsibility of Company as Issuers for Stock Value Decline Due to Lack of Information Disclosure Principles
No full textThis study aims to determine the role of legal protection regulations, as this protection is a right granted to investors given the numerous risks involved in stock trading, which can affect stock offerings. When investors sell a large number of company shares, the stock value can decline. Every investment carries a different level of risk, and stocks, as a high-risk, high-return investment instrument in the capital market, are no exception. Rational investors aim for investments that offer maximum returns with a certain risk or specific returns with minimal risk, based on individual preferences. This study uses a normative juridical research method, based on legal norms with a literature study approach. This research is descriptive, and qualitative data analysis methods are applied. The results show that companies, as issuers, can be held liable through civil, criminal, and administrative liability. In cases where false information is provided, liability for manipulation may arise under Article 78 paragraph 1 or for omitting material facts necessary to prevent misleading investors
The Struggle between the Principle of Benefits and the Principle of Justice in Capital Gains Taxation
No full textThis article concerns Indonesian taxation of capital gains and the conflict between the benefits principle and the justice principle. It has been revealed that the Indonesian tax system is a mix of policies. However, the benefit principle is the leader in taxing capital gains in the capital market (for instance, there is a final rate of only 0.1% imposed on shares of the Stock Exchange). The policy is done to give a push to investment and make the tax administration more efficient. On the other hand, the justice principle is more potent in off-exchange transactions, where progressive rates are applied. The problem is focused on the point of view of efficiency; the pro-benefit policy is a significant source of distortions in the allocation of resources; from the point of view of distribution, the policy is regarded as unfair because it encumbers the labor income more than capital income, thus possibly causing economic inequalities and infringing on the principles of horizontal and vertical justice. In order to approach this problem, a theoretical reference is used. The data is collected through doctrinal legal research and observation. Those data were then analyzed qualitatively. This study concluded that to achieve a better balance than the current one, the researchers have suggested several measures, including adjusting the final share rate, treating short-term and long-term capital gains differently, establishing an inflation adjustment mechanism, and strengthening tax data integration
Legal Protection of Children's Rights in Early Marriage
No full textThis article aims to find out the age of readiness to marry in early marriage in the review of Islamic law and Indonesian Positive Law against early marriage and legal protection of children's rights in early marriage. The problem is focused on how the readiness age of marriage in early marriage based on Islamic law and positive law, how legal protection of children's rights in early marriage. The theoretical references used are the theory of legal protection and the theory of benefit in Islamic law. Data were collected through literature study and analyzed qualitatively. This study concludes that the readiness of marriage age in Islamic Law can be carried out by prospective brides who have not or have reached puberty if they have fulfilled the conditions and pillars of marriage by paying attention to the benefits. Based on the Compilation of Islamic Law, the minimum age of marriage for men is 19 years and for women is 16 years. Based on Positive Law Marriage Law No. 16 of 2019 in Article 7 Paragraph (1) marriage is permitted if the man and woman reach the age of 19 years. If in certain circumstances married under the age of 19 years can apply for Dispensation to the Court with urgent reasons and supporting evidence. In early marriage, legal protection of children's rights includes age limits, marriage dispensation and protection of children's rights including protection of education and awareness, supervision and protection from violence, physical and mental readiness, agreement and consent in early marriage. With this protection, the rights of children in early marriage can be protected
Criminal Liability for PT (Corporation) Causeing the Exceeding of Environmental Standard According Law No 32/2009 on Environmental Protection and Management
No full textThis study aims to analyze legal regulations, forms of criminal liability, and legal considerations of judges regarding business entities that commit environmental pollution exceeding the established quality standards. A good and healthy environment is a fundamental right of every citizen as guaranteed in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and further regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. However, in practice, environmental pollution by business entities still frequently occurs, thus giving rise to legal issues related to the effectiveness of enforcing corporate criminal liability. This study uses a normative juridical research method with a descriptive analytical nature, a statutory regulatory approach, and case studies. Research data were obtained through literature studies covering relevant laws and regulations, legal documents, books, dictionaries, mass media, and internet sources, then analyzed qualitatively. The results of the study indicate that: (1) legal regulations related to violations of environmental quality standards normatively reflect the values of justice, legal certainty, and legal benefits, but the effectiveness of their implementation still depends on coordination between law enforcement agencies; (2) the criminal liability of business entities is based on the provisions of Article 116 of Law Number 32 of 2009 which allows for the prosecution of legal entities and/or their managers; and (3) the legal considerations of judges in decisions regarding the criminal liability of business entities are based on the application of positive law while still paying attention to the values of justice, benefit and legal certainty
Accountability of Corruption Perpetrators Who Have Returned Money from Corruption Funds (Case Study of Case No. 49/Pid.Sus TPK/2021/PN Mdn)
No full textThis study aims to analyze the criminal responsibility of perpetrators of corruption who have returned state financial losses. Criminal responsibility in corruption crimes is regulated in Article 2 paragraph (1) and Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption. This study examines a corruption case with defendant Petrus Sabungan Hiras Fredy Aritonang Radjagukguk who was charged with committing a corruption crime with a state loss of Rp5,900,000,000, as decided in Decision Number 49/Pid.Sus-TPK/2021/PN Medan. In this case, the panel of judges at the first instance acquitted the defendant, even though the public prosecutor had filed a cassation appeal which was later rejected through Decision Number 2767 K/Pid.Sus/2022. The research method used is normative legal research with a statutory approach and case studies, which are sourced from primary and secondary legal materials through literature studies. This research is descriptive with qualitative data analysis. The results of the study indicate that the restitution of state financial losses does not eliminate the criminal liability of the perpetrator of corruption, but can only be used as a mitigating factor for the sentence, as stipulated in Article 4 of Law Number 31 of 1999. The court's decision in the a quo case is deemed not to fully reflect the spirit and objectives of eradicating corruption, because the judge's considerations have not optimally assessed the defendant's position, authority, and responsibility in the process of committing the unlawful act