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ASIHAY, Yayang
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Law, Crime, Criminology & Criminal Justice

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Children's Criminal System as Criminal Offenders Perspective of Law Number 11 Of 2012 Concerning Children's Criminal Justice System FAHLAVI, Ananda Alif Rizal; ASMARANI, Emma Dwi; SHELVIANA, Shelviana; DEBIANTHO, Debiantho; HAMDANI, Helmi; ASIHAY, Yayang; JOVI; DODY; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 2 (2023): Journal of Political And Legal Sovereignty (April – June)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i2.127

Abstract

Purpose: This study describes the principles system of legal protection against Children as criminal perpetrators in Law of the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Criminal Justice System refers to the Convention on The Rights of The Child, and it has covered most of the principles of child protection perpetrator as well.Methodology:The research method used in this study is normative legal research because it includes the scope of legal dogmatic learning or researching legal rules.Findings: The study also found that the provision of punishment against the child has been following that stipulated in Law Number 23 of 2002 concerning Children Protection, which states that imprisonment can be applied to the child when there is no last effort any longer and shall be executed separately from the adult prison.Implication:The child protection efforts shall be implemented by imposing restorative sentencing (restorative justice) and diversion if completing the requirement of Law Number 11 of 2012 concerning the juvenile criminal justice system.
The Analysis of Frerechtslehre Flow (The Judge's Creativity in Finding Law) Eungen Ehrlich in Justice and Human Rights Protection RONU, Janang Mula Andri; MARSIANSYAH; PRATAMA, Ananda Takdir; SUPARNA, Brilian Albar Dwi; ASIHAY, Yayang; DODY; JOVI; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 2 (2023): Journal of Political And Legal Sovereignty (April – June)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i2.140

Abstract

Purpose:Freirechtslehre is an approach that recognizes that law consists of written rules and is based on community practice and experience. In this analysis, first of all, Eungen Ehrlich's background and contribution to the development of the Freirechtslehre school are explained. Ehrlich emphasizes the importance of understanding law holistically by involving social, cultural, and economic factors in making legal decisions.Methodology:The research method that can be used in this analysis is descriptive. This method aims to describe and analyze the flows of Freirechtslehre developed by Eungen Ehrlich and its implications for judges' creativity in finding laws in the context of justice and human rights protection.Findings:This study concludes that the Freirechtslehre school significantly contributes to our understanding of judges' creativity in finding law and the importance of justice and the protection of human rights.Implication:In carrying out their duties, judges need to develop creativity in understanding and applying the law and consider the social context and values of justice to achieve justice and adequate protection of human rights
Tax Legal Remedy Model in Principles of Forming a Sense of Justice Toward the Society KRISTHY, Mutia Evi; YANDI, Ahmad; SISY; VALINA; MURTI, Jentung Wisnu; SETYONO, Aries; SALAHIDIN; ASIHAY, Yayang
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September)-In Press
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.144

Abstract

Purpose: The source of state revenue comes from community participation. The tax state is one of the ways to collect taxes from its people because taxes are used as a means for the welfare of the people. (SPT), then deposit their tax obligations. The enormous trust of taxpayers in taxpayers is naturally balanced with supervisory instruments; for this purpose, the tax authorities are given the authority to carry out tax audits.Methodology:The type of research that will be used in this proposal is empirical legal research. This type of empirical legal research uses field data, such as the results of interviews and observations, as the primary data source. Empirical legal research is used to analyze the law, seen as patterned social behavior in people's lives that constantly interacts and relates to social aspects.Findings: If the inspection results show discrepancies or discrepancies, the paying tax authorities issue a Tax Assessment Letter (SKP), which functions as a Billing Letter. In practice, there are often differences in settlement between the tax authorities and taxpayers, which is one reason for tax disputes arising.Implication:Within the framework of a rule of law state, the taxpayer is entitled to legal protection to resolve the dispute in case of a tax dispute. The dispute resolution pathways provided include objections, appeals, and lawsuits.
Co-Authors ASMARANI, Emma Dwi DEBIANTHO, Debiantho Dody FAHLAVI, Ananda Alif Rizal HAMDANI, Helmi JOVI Kristhy, Mutia Evi MARSIANSYAH MURTI, Jentung Wisnu PRATAMA, Ananda Takdir RONU, Janang Mula Andri SALAHIDIN SETYONO, Aries Shelviana, Shelviana SISY SUPARNA, Brilian Albar Dwi VALINA YANDI, Ahmad