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Journal : Journal Hukum Khaira Ummah

ANALISA HUKUM TERHADAP KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN YANG DI LAKUKAN OLEH ORANG KARENA PENGARUH MINUMAN KERAS (Studi Kasus Putusan Nomor : 92/Pid.B/2011/PN.kdl) Agus Supriyadi; Anis Mashdurohatun
Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017): June 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i2.1848

Abstract

This paper discusses Legal analysis of traffic accidents which result in loss of life of other people who do by people because of the influence of liquor (Case Study Decision Number: 92 / Pid.B / 2011 / PN.kdl)The impact of drinking liquor if viewed in terms of health if excessive will have a negative impact on health and if viewed from the social side, the habit of drinking this liquor cause many problems, such as irritability, discomfort of people who live in the vicinity, and the cause of the accident traffic. In addition, liquor is also usually the cause of violence in the household.The panel of judges who examines, judges and decides this case has applied the applicable law in accordance with applicable criminal law. This can be shown by seeing that the judges in deciding that the defendant's actions fulfilled the elements of traffic negligence in accordance with Article 310 Paragraph (4) of RI Law no. 22 of 2009 on Road Traffic and Transportation, based on material truths obtained from the indictment, witness statements, facts and evidences revealed in the proceedings.The judge's legal considerations in Decision Number 92 / Pid.B / 2011 / PN.kdl, based on the facts that arise in the court, judge that the defendant can be held accountable for the deed done with the consideration that at the time of his act the defendant is aware of the consequences, In doing his actions are in a healthy condition and capable to consider his actions. There are elements against the law, and there is no reason for criminal abolition. Keywords: Traffic Accident, Loss of Life
PERLINDUNGAN HUKUM TERHADAP ANAK YANG LAHIR DARI PERKAWINAN DIBAWAH TANGAN. Fatma Wati; Anis Mashdurohatun
Jurnal Hukum Khaira Ummah Vol 14, No 1 (2019): March 2019
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v14i1.1886

Abstract

In writing this journal background by the desire of the writer to know the legal protection of children born from marriage under the hands / sirri about the identity of children as it is known marriage under the hands / sirri not registered in the KUA in accordance with applicable law, even generally done secretly.The formulation of the problem / discussion in this journal is focused on (1) Position of Children Born of Marriage Below Hand / Marriage Sirri Regarding Child Identity. (2) Legal Protection Against Children Born of Marriage Below Hands according to the Constitutional Court's Decision (Mahkama Konstitusi). This journal can be useful for students and the public about the importance of knowing the legal rights and position of the child.Keywords: Child Protection, Marriage under the hand / sirri.
KEADILAN HUKUM ANAK KORBAN TINDAK PIDANA KEKERASAN SEKSUAL DI KABUPATEN KENDAL Kismanto Kismanto; Anis Mashdurohatun
Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017): March 2017
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/khaum.v12i1.1833

Abstract

Background in this study cases of abuse of children aged under 12 years. PPA investigators (Protection of Women and Children) in handling the case are guided by Law no. 11 Year 2012 on Child Criminal Justice System. In the judicial system, it encourages the process of diversion and restorative justice. The formulation of this journal issue: (1) what is the legal protection for the child as a victim; (2) problematic of legal protection for child as victim; (3) legal justice model for children as victims of sexual violence crimes with child offenders under 12 years old based on restorative justice in Kendal District. The purpose of this study is to understand: (1) legal protection for children as victims; (2) legal protection problems for children as victims: (3) legal justice model for children as victims of sexual violence crimes with child offenders under 12 years old based on restorative justice in Kendal district. To collect data, the authors use interview techniques with guided free techniques. The results of this study are: (1) legal protection for children as victims of sexual violence criminal acts that all decision-making should always consider the survival and growth of children. The current regulation is deemed not to consider justice from the side of the victim maximally applicable to law enforcement practices so that the child as victim does not get legal protection or justice optimally. (2) the problem of legal protection for children as victims of sexual violence including law norms regulating the criminal justice system of children is not sufficient in responding sociology societal development exposed to progress of science and technology (Internet). The proof of law enforcers make discretionary decisions (legal policies) that adjust to the development of sociology of society. (3) the justice model for children as victims of criminal acts transformed from restorative changes into substantive justice format. That is how victims and families of victims really feel fair. A sense of justice that meets the victim's needs such as future compensation for the victim and the alienation of the perpetrator from the neighborhood of the abusive victim. Legal protection is a fulfillment of a sense of justice for children on social dimensions, emotional and paedegogis children. Keywords: Legal Protection, Child in Law, Diversi,Restorative