Suphia, Suphia
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Analisis Hukuman Kebiri Kimia dan Pemasangan Alat Pendeteksi Elektronik Bagi Pelaku Kekerasan Seksual Terhadap Anak Firmansyah, Muhammad; suphia, suphia; Nofitasari, Solehati
WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i2.1670

Abstract

Chemical castration and installation of electronic detectors are additional punishments for perpetrators of sexual crimes against children. The problem in this research is how the procedures and installation of electronic detection devices for perpetrators of sexual violence against children are based on Government Regulation number 70 of 2020 concerning Procedures for the Implementation of Chemical Castration, Installation of Electronic Detection Devices, rehabilitation, and Announcement of the Identity of the perpetrators of Sexual Violence against Children and what the impact that will be felt by perpetrators of sexual violence against children after receiving additional punishment in the form of chemical castration. The method used is a normative legal research method. The conclusion of this study is that the procedures for implementing chemical castration and the installation of electronic detection devices are in accordance with applicable government regulations and procedures, although there are still many bad impacts that will be experienced by perpetrators of sexual violence against children, on the other hand the government has implemented appropriate punishments and has thought about consequences and of course providing rehabilitation, all for the common good and efforts to reduce the level of sexual violence that occurs and is experienced by children.
Perubahan Makna Cidera Janji atau Wanprestasi pada Jaminan Fidusia Setelah Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Dwi Prilia, Ega; Suphia, Suphia; Supianto, Supianto
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2401

Abstract

A debtor who feels aggrieved then submits a judicial review of the validity of Article 15 paragraphs (2) and (3) of Law no. 42 of 1999 which are considered to have violated the debtor's constitutional rights so that the Constitutional Court Decision No. 18/PUU-XVII/2019. Requirements for the debtor to be declared in breach of contract in the fiduciary guarantee after the decision of the Constitutional Court Number 18/PUU-XVII/2019, namely the breach of contract as referred to in Article 15 paragraph (3) of the Fiduciary Guarantee Law is not determined unilaterally by the creditor but on the basis of an agreement between creditors and debtors or on the basis of a legal remedy that determines that a breach of contract has occurred. Legal considerations of the Constitutional Court in deciding case No. 18/PUU-XVII/2019 is based on legal considerations that the norms contained in Article 15 paragraph (2) of the Fiduciary Guarantee Law do not reflect the existence of equal legal protection between parties bound in fiduciary agreements that are directly related to the norms of Article 15 paragraph (3) The Fiduciary Guarantee Law, namely the absence of legal certainty regarding when the debtor can be declared in breach of contract.