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Megawati Barthos
Universitas Borobudur
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Law No. 18 Year 2003 Concerning Advocacy: Effectiveness Of Immunity Rights In Defending Clients Nana Supiana; Evita Isretno Israhadi; Megawati Barthos
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (323.703 KB) | DOI: 10.57096/edunity.v1i05.31

Abstract

In carrying out their profession, advocates have the right to obtain information, data, and other documents needed to defend the interests of their clients, both from government agencies and other parties related to these interests. Advocates are free and without fear of issuing opinions or statements in court proceedings to defend the case for which they are responsible. Law on Advocates Number 18 of 2003 is to equalize the status of the Advocate profession with other legal professions Advocates as a vital element in the search for material truth in the judicial process, especially from the point of view of the client's legal interests. The regulation is intended to protect the public from legal services provided by advocates that are substandard. Law on Advocates Number 18 of 2003, also provides the right of immunity (immunity) to carry out their professional duties, and the interests of clients who are defended. The regulation regarding the immunity rights of advocates in Law no. 18 of 2003 Law on Advocates.
Analysis of Laws for the Protection of Indonesian Migrant Workers Abroad Wita Purnamasari; Evita Isretno Israhandi; Megawati Barthos
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (514.634 KB) | DOI: 10.57096/edunity.v1i05.48

Abstract

The situation of TKI abroad during the last few years has been very concerning and has received little attention from the government, the problem of TKI is considered less important and the government has only been busy talking when cases surfaced in the community and received negative responses from the community. Quoted from Republika.co.id Domestic violence (KDRT) among Indonesian citizens living in Australia has increased recently. Legal protection for female workers abroad who are victims of exploitation-rape currently prioritizes the fulfillment of the rights of victims who work legally abroad. The rights of all migrant workers and their families, as well as ILO conventions beforehand, contain elements to protect workers from Indonesia when they encounter a legal challenge in the host country of migrant workers. In addition, guidance is carried out by the government through BNP2TKI and BP3TKI by Article 90 of Law No. 39 of 2004 concerning the Placement and Protection of Overseas Workers, such as providing guidance and advocacy for TKI starting from pre-placement, placement, and post-placement periods. TKI understand the legal system of the TKI receiving country so that if the TKI encounter legal problems, they will know what to do. And also the activeness of ambassadors, consular officers, and attaches in establishing cooperation related to the protection of Indonesian workers who are victims in countries receiving TKI in various forms of diplomatic relations and MoUs
Violent Crime Policies in the Teaching and Learning Process in a Criminal Law Perspective Rohmatullah Rohmatullah; Zudan Arief Fakrulloh; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.833

Abstract

The reason for viciousness against understudies can happen on the grounds that educators don't grasp the significance of brutality and its unfortunate results. The instructor felt that the understudies would be stopped by whipping. Then again, understudies become angry and defiant to the educator. The conditions and background of acts of violence in education are strung together in a spiral relationship that can appear at any time, by any perpetrator who is involved in an educational institution, as long as there is a trigger for the incident. Recently, there have been various cases that occurred in the educational environment related to violence perpetrated by teachers against their students. Most of the occurrences are caused by the application of disciplinary norms that are too forced on students. Meanwhile, not all students are accustomed to disciplinary behavior. The wrong way of instilling discipline can be in the form of both physical and mental violence against children. The most visible thing is physical violence. It is not uncommon for this to go to court because parents feel they have been disadvantaged.
Implementation Of Restorative Justice As A Justice Law Enforcement In Indonesia Agus Supriyanto; Faisal Santiago; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.840

Abstract

The law enforcement framework will in general save essential standards as far as satisfying equity, exclusively because of reasons of satisfying legitimate sureness. Victims in a crime, in the National Legal System, the position is not profitable. Because the victim, in the (Criminal) Judicial System, is only an accessory, not the main actor or just a witness. The type of research used by the author in compiling this research is normative legal research or library law research. It should be emphasized that restorative justice is fundamentally a concept, both about justice and due process, not a theory. Because it is the basis for the development of the judiciary, restorative justice is referred to as the philosophy of justice. So, it is possible to view restorative justice as a collection of legal procedures that primarily seek to repair (recover) the losses suffered by crime victims. In the science of criminal law, justice must try to restore the situation to how it was before the crime was committed. The situation changes when someone breaks the law. So that's where the role of law is to protect the rights of every victim of crime. Helpful equity additionally accentuates common liberties and the need to perceive the impacts of social unfairness and in basic ways review them, as opposed to just giving the culprits formal or lawful equity and casualties not getting any equity. Supportive equity likewise looks to reestablish casualties' security, individual regard, respect, and all the more significantly, a feeling of control. The helpful equity framework can be applied in the event that the lawful culture in a nation requires its execution for a specific case.
Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia Askolani Jasi; Megawati Barthos; Faisal Santiago
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.818

Abstract

Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.
Implementation of Investigations and Investigations in Revealing Criminal Acts of Premeditated Murder Agus Fahrur Rozi; Faisal Santiago; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.839

Abstract

Efforts to investigate and investigate the crime of premeditated murder is regulated in the Criminal Procedure Code (KUHAP), namely Law Number 8 of 1981, Article 1 points 1 and 2 formulate the meaning of investigation. The reality on the ground shows that the implementation of investigations and investigations in uncovering cases of premeditated murder cannot be carried out optimally because there are obstacles to the lack of witnesses and evidence. The formulation of the problem in this study is: How is the implementation of investigations and investigations in uncovering cases of premeditated murder? The author uses an empirical juridical approach, using primary and secondary data. Data analysis using qualitative analysis. The results show that: The examination cycle should be done expertly by agents in view of regulation other than the Criminal Methodology Code which frames the legitimate reason for specialists is Police Guideline (Perpol) Number 6 of 2019 concerning the Nullification of Perkap Number 14 of 2012 concerning The executives of Criminal Examination.
Restorative Justice Crime Of Narcotics In The Elderly With Narcotic Evidence Bayu Sasongko; Megawati Barthos; Suparno Suparno
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.826

Abstract

The fact that there is numerous abuse of narcotics and dangerous drugs in Indonesia today is inseparable from the many modes and justifications used by these abusers in carrying out their actions. The exploration is remembered for the regularizing juridical assessment, the strategy involved by the creator as the peculiarities concentrate on that happens connected with the utilization of helpful equity in drug cases has been performed at the examination site. The results are that the Crook Code Bill has thought about the age of the more established in the criminal system, by setting the age north of 75 years for guilty parties of criminal goes about very far they are not open to confinement. In the conversation of Article 72 of the Lawbreaker Code Bill, this age limit was deferred, between the time of "north of 70 years" or "more than 75 years" for culprits of criminal goes about quite far they were not expose to detainment. This arrangement was one of the issues forthcoming at the Detailing Group Meeting (Timus), yet at the accompanying Timus Meeting concurred that "mature more than 75 years" for culprits to try not to be condemned to jail quite far (become Article 76), considering the future that the higher it is. For the elderly who are caught in drug abuse cases, consider the interests of the perpetrators who act as victims by prioritizing rehabilitation efforts as the best way to return the perpetrators to the condition they were in before committing drug abuse
Efektivitas Pelaksanaan Bantuan Hukum bagi Masyarakat Kurang Mampu oleh Lembaga Bantuan Hukum Jakarta Fauzan Fadly Somar; Megawati Barthos; Indah Kusuma Wardhani
Jurnal Multidisiplin Borobudur Vol. 1 No. 2 (2023): Edisi Khusus
Publisher : Universitas Borobudur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37721/jmb.v1i2.1300

Abstract

The enactment of Law Number 16 of 2011 concerning Legal Aid has become the basis for the state to guarantee its citizens, especially the poor, to get access to justice and equality before the law. However, the provision of legal aid has not touched the poor much so that they have difficulty accessing justice. Therefore, this study will discuss the effectiveness of the implementation of legal aid for the poor by LBH Jakarta. The method used in this research is normative juridical and empirical juridical. The results of the study show that the implementation of legal aid for the poor by LBH Jakarta is still ineffective due to limited human resources, where the number of public lawyers is very small which is not proportional to the large number of cases that must be handled each year. This has resulted in not all cases being handled directly by public lawyers at LBH Jakarta.
Co-Authors Agus Fahrur Rozi Agus Supriyanto Askolani Jasi Bayu Sasongko Evita Isretno Israhadi Evita Isretno Israhandi Faisal Santiago Fauzan Fadly Somar Indah Kusuma Wardhani Nana Supiana Rohmatullah Rohmatullah Suparno Suparno Wita Purnamasari Zudan Arief Fakrulloh