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The Modus Operandi of Children as the Offender in Committing Human (A study in Kepolisian Resor Kota Besar Surabaya)
Get PDFChildren who are supposed to be protected by the state, law, and society can be an organised criminal offender such as human trafficking. In Surabaya, there were 32 human trafficking cases since 2011-2018 that was handled by Polrestabes (Capital City Police) Surabaya where the offenders were children. The problem in this research is the Modus Operandi of children as the offender in the act of human trafficking. This research used empirical research method with socio-legal and criminological approach. From the research result, the author found out that children that committed human trafficking were caused by the influence of economic factor, environment, and lifestyle. From those causes, the modus operandi of the children as the offender in committing human trafficking was by getting acquainted in social media like Facebook and Whatsapp and then make an offer to the potential buyer. The National Police has two ways in preventing and tackling children as the offenders of human trafficking which are by prevention and repressive effort Childre
The Effect of Colonialism on Implementation of Agrarian Reform in Indonesia
Get PDFThe agrarian carried by Sukarno was supported by the peasants throughout Indonesia. How not, the agrarian basic law which then came into force on 1 January 1961 aims to restore and redeem (redistribution) agricultural land to each head of the farm family. The step for that begins with determining the maximum and minimum area of agricultural land taking into account the population, area and other factors. But in its journey, agrarian reform was also influenced by Indonesia's political situation. The problem that will be discussed by the researcher is How do the elements of colonialism influence the implementation of Agrarian Reform in Indonesia? The research method used is a normative legal research method. With the ovary desk, in-depth interviews with related parties. The results of the study are: In addition to the evidence that still uses the Positief Wettelijk system, the state through its tools also puts forward repressive methods as a method of handling agrarian conflicts. So that it can be said that the "spirit" of the custom of the colonial government until now is still "carried" by the state. This has a big influence on the operation of the legal system, and the application of the Agrarian Principles Law in agrarian reform
The Phenomenon of Sexual Violence among Adolescents in the Jurisdiction of the West Jakarta National Police Resort and Its Prevention Efforts
Get PDFThe writing of this scientific paper examines the lack of legal awareness of the community about sexual violence. This scientific work arose because the author saw that there were still many cases of sexual violence even though there were rules governing the acts of sexual violence. And this scientific work aims to tell the public what factors influence the act of sexual violence still arise and what efforts can be made by the community and law enforcement officials such as the police for this problem and is expected to eliminate the emergence of new sexual violence. The study sample was victims of sexual violence or sexual harassment in the Jakarta Bara police station. Data collection is carried out by interviewing 15 West Jakarta District Police Polres. And also conduct literature studies by looking for sources related to sexual violence. The results of this study suggest that the factors that often underlie the occurrence of sexual violence is a love factor where if the victim refuses to serve the perpetrators things will arise that are undesirable and there are false facts from the recognition of the average perpetrator who was interrogated by the polic
The Existence of Regulatory Sandbox to Encourage the Growth of Financial Technology in Indonesia
Get PDFBank Indonesia created an appropriate regulatory regime to drive the pace of innovation carried out by Financial Technology Providers while still applying the principles of consumer protection, risk management and prudence. One of the efforts made by Bank Indonesia was by issuing provisions concerning a regulatory sandbox for Financial Technology Providers along with their products, services, technology and/or business models in a Board of Governors Member Regulation No 19/14/PADG/2017 on the Limited Technology Testing Room (Regulatory Sandbox) Financial Technology. Meanwhile, the Financial Services Authority also issued regulation regarding the Regulatory Sandbox for Financial Technology Organizers in Financial Services Authority Regulation No. 13 / POJK.02/2018 on the Digital Financial Innovations in the Financial Services Sector. The main point of view to be analysed is the existence of regulatory sandbox approach held by Bank Indonesia and the Financial Services Authority as an effort to encourage the growth of Financial Technology in Indonesia
Legal Policy Model for Prevention Children Marriage at West Nusa Tenggara Province
Get PDFUntil now the issue of child marriage in NTB has not yet been resolved. The issue of child marriage in NTB has not been completed because the roots of child marriage in NTB have not touched the root of the real problem. Therefore there must be a more comprehensive policy breakthrough to prevent the prevention of child marriage in NTB. There is a need for a legal policy to prevent child marriages in NTB that needs scientific studies as the basis for scientific legitimacy about the urgency of the existence of regional regulations to prevent child marriage. There are two problems in this research, first, What is the juridical problem in the policy of preventing the occurrence of child marriage in NTB? Second, what is the right and applicable policy model in preventing the occurrence of child marriage in NTB? This research is normative legal research with a focus on evaluating the policy of preventing child marriage that has been taken by the NTB provincial government. The research approach used is a normative approach and an empirical approach.The results showed that the first, juridical barriers to preventing child marriage in NTB not only had juridical obstacles in terms of the validity of the provisions of article 7 paragraph (1) of the marriage law that regulates the minimum age of marriage is 16 years for women, but also still has obstacles juridical relating to the legal policy on the regulation of child marriages in the content of regional regulations because the local regulation must not conflict with article 7 paragraph (1) of the marriage law which is still valid and other constraints are not operational and the effective decision of the constitutional court No. 22 / PUU / XV / 2017 concerning judicial review of Law No. 1 of 1974 concerning Marriage because this decision only delayed the implementation of the Constitutional Court's decision in 2021 and was very dependent on legislative policy from the DPR and the President to amend Law No. 1 of 1974 concerning Marriage according to the order of the Constitutional Court's decision. Second, the appropriate and applicable policy model in preventing the occurrence of child marriages in NTB is done using the transitional policy model and post-transition policy. The transition policy is carried out by making regulations that regulate the prevention of child marriages by using the child protection paradigm, while post-transition policies are carried out using the family quality policy paradigm with a focus on increasing the age of marriage. legislation. First, the Republic of Indonesia Parliament, especially the Republic of Indonesia Parliament for the period 2019-2024 and the President should immediately follow up on Decision No. 22 / PUU / XV / 2017 by taking legislative policies by entering the amendment bill to Law No. 1 of 1974 concerning Marriage into a national legislation program which is subsequently compiled, discussed and stipulated as law. Second, to respond to the dynamic dynamics of marital law and child protection, the NTB Governor and the NTB DPRD should immediately take legislation in the regions by including the draft regulation on the prevention of child marriages in the 2019 local regulation formation program and then compile and discuss it into regional regulations
Punishment Asset Forfeiture for Corruptor In Perspective of Indonesian Community Justice
No full textThis study discusses the prospect of criminal asset forfeiture in the Corruption criminal act as a staple criminal. The research is based on the fact that the state's financial loss recovery due to corruption crimes is not achieved, whereas the purpose of law enforcement corruption is aimed at restoring the state's financial losses. But these objectives are not manifested through proper pipetting to accomplish that goal. The purpose of this research is to assess the prospect of asset deprivation as a staple criminal in the framework of national criminal law reform. The methods used in this study used normative research methods with a conceptual approach as a breakthrough problem occurred. This research gain results when criminal asset forfeiture is placed as principal criminal; it will realise the goal of state financial recovery due to corruption crimes and will be aligned with community justice
Separatist Creditors vs Preferred Creditors Rights in the Bankruptcy Case Based on the Decision of Constitutional Court of 2013
Get PDFWorkers are preferred creditors whose payment must take precedencein the bankruptcy of the company. Problems in practice occur in thecompany's assets as collateral for debt to separatist creditors so that workers'rights are ruled out. Therefore, workers submit applications for judicialreview of the Bankruptcy Law and Labor Law. This study is normativeresearch using primary legal materials, namely laws and case study decisionsthat are analysed qualitatively. The results of the study and discussiondetermined that the Bankruptcy Law and the Labor Law regulate the same asthe legal status of workers as preferred creditors who are entitled to prioritizepayment in the distribution of bankrupt assets strengthened by the results of ajudicial review in Decision of the Constitutional Court Number 67/PUUXI/2013 The right of workers to wages is prioritized and calculated fromcollateral objects which are the rights of separatist creditors. For this reason,curators with authority must share the right of separatist creditors andpreferred creditors with the principle of balance and justice so that all theassets of a bankrupt company can pay off the debts of its creditor
Prevention and Handling of the Crisis of Financial Systems in Banking Institutions
Get PDFHandling of troubled banks currently carried out has been carried out coordinated by related institutions including the Ministry of Finance, Bank Indonesia, the Financial Services Authority and the Deposit Insurance Corporation, as mandated by Law Number 9 of 2016 concerning Prevention and Handling of the Financial System Crisis. Where the handling of troubled banks can be more complex and integrated not only the impact of micro and macro. So that the community can maintain its trust in banking institutions and greatly help economic activities, especially banking entrepreneurs. The problems in this research are as follows: 1) How is the Application of the Precautionary Principle in Minimizing the occurrence of Problematic Banks in Indonesia? and; 2) How is Legal Certainty in the Settlement of Problem Banks in Indonesia?The research method used to answer the problems in this study is to use a normative legal research approach which is also called theoretical legal research or dogmatic legal research because it does not review the implementation of legal implementation. The results of the research and discussion show that the application of the precautionary principle carried out by these banking institutions can make a very impactful contribution, especially in order to minimize the occurrence of good problem banks that have systemic or non-systematic impacts. In addition, legal certainty in the context of handling this troubled bank has been stated in the PPKSK Law as an attempt to resolve troubled banks
Feminist Perspective towards the Legal Theory on Fisher-Women’s Legal Entity
Get PDFThis research explores the issue of the legal entity for fisher-women. Feminists Legal Theory is the main foundation. This theory seeks to criticise and dismantle the law by questioning the existence of laws that bring injustice to women's groups. In the Indonesian context, where the influence of patriarchal ideology and legal positivism theory is still active, the view that the law is believed to be neutral and objective has resulted in many things that discriminate and marginalise women's groups. This research presents the criticism of Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Cultivators for the recognition of the legal entity of fisher-women. This research is theoretical with the type of literature study focusing on ideas using a feminist perspective research approach. The results of the study indicates the that Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers contains many weaknesses. There is a prejudice towards the work of fishers, there is a problem defining fishers because women are excluded from defining fishers, the absence of recognition of fisher-women affects the law and becomes indirect discrimination because of gender blindness and does not take into account in terms of women's experience or interests
Problematics in Handling Criminal Offence on Poor Communities by Advocate (A Study on Gunung Sugih District Court)
Get PDFThe provision of legal aid to the poor is one of the actions of the noble profession of advocates and the moral movement that advocates for human rights, in fact, not all advocates are morally aware of their obligations. There are still many deviations found in the provision of legal aid for the poor. This condition is certainly contrary to the noble values of the advocate profession itself, in the presence of this matter, which shows still can be found deviations in practice. The problem examined in this study is why law enforcers such as judges and posbakum have not provided free legal assistance to the poor in Central Lampung Regency, a factor that has caused law enforcement agencies not to offer and provide free legal assistance to the poor and the pattern / model of handling criminal cases against the poor by advocates based on justice. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analysed by qualitative analysis method.The results of this study ultimately provide an answer that Advocates who have not yet applied the value of justice in handling criminal cases involving the poor are due to legal substance, legal structure, and legal culture, Not yet applying the value of justice in handling criminal cases against the poor is like the emergence of mistrust of the law, besides the model of handling criminal cases against the poor by advocates based on the value of justice is the implementation of constructive strategies, such as: Legislation Planning, Policies and Activities Related to the Fulfilling Right to Legal Assistance. Suggestions from this research are to Advocates regarding Integrity, morality, idealism, and professionalism of law enforcement officers should be further enhanced, in addition to the restrictions on the provision of legal aid in LBH should also be reviewed to enforce the principle of providing legal assistance as widely and equality before the law