Garuda - Garba Rujukan Digital

Juridical Review of the Role of Society Against Sexual Crimes of Minors Through Gadgets Based on Law Number 19 of 2016 concerning Information and Electronic Transactions Sahedi Sahedi; Sandi Aprianto; Widya Timur
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3893

Human rights in Indonesia are highly respected, where children's rights are included and marked by the guarantee of protection and fulfillment of children's rights in the 1945 Constitution of the Republic of Indonesia and several laws and regulations. One of the important rights that children should have is the right to get legal protection, where rights are given to children who experience abuse, exploitation, crime/violence, child trafficking, neglect, children living in conflict-prone areas, vulnerable to disasters and other laws. In 2019, the Ministry of Women's Empowerment and Child Protection (Kemen PPPA) recorded 6,454 children being victims of sexual violence. This number increased in 2020 by 8.14 percent. Then in 2021, the increase will be 25.07 percent. The Ministry of Women's Empowerment and Child Protection (Kemen PPPA) received 10,727 reports of cases of violence against women and children. As many as 11,604 people become victims of sexual violence in 2022, namely 56.5 percent of children become victims. What is the role of the community towards sexual crimes of minors through gadgets based on law number 19 of 2016 concerning information and electronic transactions in reducing sexual crimes. Sexual crime is a crime that is quite high in Indonesia which causes trauma, depression and death. The legal research methodology used is normative legal research or library research. Based on this theory of legal protection, the authors analyze that the use of gadgets by children is mostly uncontrolled. So that it is easier for children to access websites related to sexuality. Because minors are people who are not competent in law, the use of gadgets must be supervised by parents so that they are not used as an example by minors. This is where the role of the government is to be able to block games related to sex, then there are videos like on social media that should be blocked. In addition, the community must be educated about the dangers of using gadgets for the future of children, but on the other hand, there are also positive impacts. The author analyzes that the role of the community is very influential in reducing the number of sexual crimes against minors, because the community has direct contractors, especially parents, relatives and the closest environment who have minors but are required to use gadgets for school purposes, given the changing times and increasingly sophisticated technology.

Juridical Analysis of Article 45 Paragraph 2 of Law Number 19 of 2016 Concerning Information and Electronic Transactions Against Gambling Crimes Among the Community Based on Social Control Theory Surya Kuswanto; M. Arafat Hermana; Ferawati Royani
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3895

Gambling is a game where players bet to choose one option among several options where only one choice is correct and wins. The player who loses the bet will give his bet to the winner. Rules and bet amounts are determined before the game starts. Community disease in the form of gambling in 2021 as many as 198 cases have been revealed with 294 suspects. 612 Online Gambling Cases in 2022. This online gambling crime is very popular among young people and adults so that this crime is difficult to eradicate considering that access to technology is developing rapidly and provides the lure of wealth. Seeing the rise of gambling crime cases, the authors are interested in conducting this research, namely how to analyze Juridically Article 45 paragraph 2 of Law Number 19 of 2016 concerning Information and Electronic Transactions Against Gambling Crimes Among the Community Based on Social Control Theory. The theoretical framework is the rationale that explains from which angle a problem will be reviewed, namely the theory of social control and theory of law enforcement. The legal research methodology used is normative legal research or library research.The community is also required to cooperate with the government in addition to closing access to gambling websites, the community is also expected to be able to report this gambling activity which incidentally is not only done alone but can also be done together. Based on the theory of law enforcement, the activity of harmonizing the relationship of values that is described in solid principles and attitudes as a series of final stages of value translation. To create, maintain and maintain social peace of life. This theory plays an important role in the emergence of a deterrent effect, so that strict punishment can set an example for the perpetrators of this gambling crime. According to the author, these things can provide a sense of justice for all Indonesian people.

Study of the Legalization of Children Outside of Marriage in the Perspective of the Marriage Law Number 16 of 2019 and Legislation Veni Apreliasari; Dwi Putra Jaya; Sandi Aprianto
JURNAL HUKUM SEHASEN Vol 9 No 1 (2023): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i1.3896

The objectives of this research are: 1. To find out the legalization of children outside of marriage in the perspective of the Marriage Law Number 16 of 2019 and laws and regulations? 2.To find out and explain the Legalization of a Child Out of Marriage in the Perspective of the Marriage Law Number 16 of 2019 and Legislation? This type of research is normative through library research by tracing various rules related to research, reviewed From various literature, journals, books and judges' decisions which are important study guidelines in this study, this research technique is in the form of collecting data or analyzing research that has been used by previous researchers. Research results 1. Legalization of children outside of marriage in the perspective of the Marriage Law No. 16 of 2019 and statutory regulations. An endorsement must be preceded by an acknowledgment. Likewise with the letter of ratification of a child out of wedlock, it must be preceded by an acknowledgment from both parents. A letter of authorization for a child out of wedlock is a legal tool (rechts middle) to give the child the position (status) as a legitimate child. As a result of the recognition of a child out of wedlock, namely the emergence of a civil relationship between the child and the father or mother who recognizes it. With the emergence of this Civil relationship, the status of children out of wedlock changes to those of children out of wedlock who have been recognized, their position is far better than children out of wedlock who are not recognized. 2. Implementation of Legalization of Children Outside of Marriage in the Perspective of the Marriage Law Number 16 of 2019 and Legislation it applies the provisions of the same law, as if the child was born in a marriage, which means that the child has the same position as children born throughout the marriage. These children obtain the status of legal children, not only to their parents but to the parents' relatives.

Application of Additional Criminal Punishment of Dismissal from Military Service Against TNI Soldiers Proven to Commit the Crime of Same-Sex Indecency Achmad Tamzil Adikara; Potler Gultom; Sujono Sujono
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4659

The phenomenon of LGBT groups is not only endemic in society within the TNI has also been some who joined the LGBT group where this group has damaged the identity of a firm attitude, discipline and soul sapta marga a faded due to LGBT groups. How is the regulation of same-sex immoral crimes (homosexual) in Indonesian criminal law? And How is the application of additional punishment of dismissal from military service against TNI Soldiers who are proven to have committed same-sex immoral crimes (homosexual) based on the legal considerations of the Judges in the Military Court Decision III-12 Surabaya Number 24-K / PM.III-12 / AD / II / 2020? The Regulation of Same-Sex Indecent Crimes (Homosexual) in Indonesian Criminal Law, there are differences in the regulation of same-sex indecent crimes between the old Criminal Code and the new Criminal Code. Where in the old Criminal Code, there was a disparity related to the age of the perpetrators of same-sex immoral crimes. Whereas in the new Criminal Code it is no longer regulated related to age. The application of additional punishment of dismissal from military service against TNI Soldiers who are proven to have committed same-sex immoral crimes (homosexual) is in accordance with applicable law. Because same-sex immoral acts are serious crimes, the defendant is given an additional sanction in the form of dismissal. This research uses the research method of Normative Juridical research method with secondary data consisting of premier, secondary and tertiary legal materials. Arrangement of Same-Sex Indecent Crimes (Homosexual) in Indonesian Criminal Law, there is no explicit prohibition in the Criminal Code related to indecent acts (homosexual) and not in accordance with the norms of decency, because same-sex indecent crimes are not prosecuted except on complaints, even though homosexual crimes have violated the norms of decency, and arrangements should be made related to the prohibition of homosexuality in the law. The application of additional punishment of dismissal from military service against TNI soldiers who are proven to have committed same-sex immoral crimes (homosexual) needs to be socialized so that soldiers are careful in maintaining their actions so that the honor of TNI soldiers is maintained.

Implementation of Probationary Penalty Against Soldiers of the Indonesian National Army Who Are Proven to Have Committed the Crime of Insubordination with Real Actions Achmad Adharis Wijaya; Potler Gultom; Sujono Sujono
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4660

Insubordination is a purely military crime where the perpetrator is a military person. The purpose of the crime of insubordination is that a subordinate with real actions threatens with violence aimed at his superior or his Commander. How is the regulation of insubordination criminal offense with real action in Indonesian military criminal law? How is the criminal liability of TNI members as perpetrators of the crime of insubordination with real actions based on the decision of Military Court III-19 Jayapura number 236-K/PM.III-19/AD/XI/2021. Regulation of the Crime of Insubordination by Actual Action in Indonesian Military Criminal Law. In cases of insubordination, Military Courts and General Courts differ in the stages of resolution and the rules used tend to be different even though they both regulate insubordination. In the Criminal Code, insubordination is regulated in Articles 459-461, while the specific regulation is regulated in Articles 106-109 of the KUHPM. the decision given by the judge is relatively light, because if you refer to the provisions governing the crime of insubordination, namely in the Military Criminal Code (KUHPM) insubordination is classified into the category of serious crimes because the penalty is above 5 (five) years in prison. This research uses the Normative Juridical research method with secondary data consisting of primary, secondary and tertiary legal materials. The regulation of the Crime of Insubordination with Real Actions in Indonesian Military Criminal Law should be regulated by KUHPM because the Crime of Insubordination is a special crime so that the regulation must also be made special. Criminal Liability of TNI Members as Perpetrators of Criminal Acts of Insubordination by Real Judges in deciding cases of Criminal Acts of Insubordination should provide heavy verdicts in accordance with the Articles contained in the KUHPM in order to create loyalty to superiors by adhering to the joints that have been contained in the Sapta Marga and the oath of the soldier.

Arrangement and Implementation of Pancasila Industrial Relations in Company Regulations and Collective Labor Agreements Bernard Brando Yustisio; Niru Anita Sinaga; Sujono Sujono
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4661

The affirmation of the constitution means that to take all actions in the realm of industrial relations must be based on the law or the provisions of the applicable labor legislation to provide protection for workers/laborers as also regulated in the Human Rights Act. Therefore, it is interesting to examine how the Pancasila Industrial Relations Norms in Indonesian Labor Legislation and How the Implementation of Pancasila Industrial Relations in Making Company Regulations and Collective Labor Agreements in a Company. To answer these problems, normative legal research methods are used (juridical normative) with a statutory approach, conceptual approach, and comparative approach, using secondary data obtained from primary, secondary and tertiary legal sources. The research found that Pancasila industrial relations norms originated from Pancasila which is a tangle of main basic values is a crystallization of various values that live in society as the soul of the nation (volskgeist) and guiding star (leidstar) in social life, because the main basic value is still very abstract and cannot be legally enforced, or cannot be sanctioned if violated, then as a concretization of these basic values must be outlined in legislation so that it can be enforced and sanctioned if violated and the Implementation of Pancasila Industrial Relations in Making Company Regulations and Collective Labor Agreements in a Company, should involve and accommodate the aspirations of workers through trade unions / workers' representatives in making Company Regulation policies (PP) and Collective Labor Agreements (PKB). Pancasila Industrial Relations is part of contractual relations as a mutual agreement between employers and workers, the achievements and implementation of the agreement should not conflict with Pancasila Industrial Relations and justice.

Aviation Safety Management System Arrangements to Realize Security and Safety at Halim Perdana Kusuma Airport Dwi Retno Astuty; Niru Anita Sinaga; Mardianis Mardianis
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4662

Regulation of aviation safety management system to realize security and safety at Halim Perdana Kusuma Airport. This thesis raises the issue of aviation safety arrangements based on international rules at the airport in relation to the application of safety management systems and the implementation of these rules in accordance with Law Number 1 of 2009 concerning Aviation and its implementing regulations, especially at Halim Perdana Kusuma Airport. The safety and security of national aviation regulated in the Aviation Law includes guidelines that are in accordance with ICAO provisions regarding the State Safety Program. ICAO standards require Indonesia as a member state to develop a National Aviation Safety and Security Program to achieve an Acceptable Level of Safety (AIoS) and a safety management system for aviation service providers. Furthermore, researchers conduct legal analysis of primary legal materials and secondary legal materials related to the problems studied. The type of research that the author uses is an empirical juridical research method conducted by means of field research through interviews and examining library materials or secondary data. In the discussion of this research, it is known that aviation safety arrangements based on international rules at the airport in relation to the application of the Safety Management System are regulated based on the provisions of ICAO Annex 14 which has introduced the application of the Safety Management System in the operation of the Airport, and the provisions of ICAO Annex 19 concerning Safety Management, the framework of the Safety Management System in its implementation is in accordance with Law Number 1 of 2009 concerning Aviation as a guideline in implementing aviation security and safety arrangements at Halim Perdana Kusuma Airport.

Power of Attorney and Permission to Pledge an Estate Based on Tangerang District Court Stipulation No. 1155/Pdt.P/2021/PN.Tng Amos Andi; Selamat Lumban Gaol; Sudarto Sudarto
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4663

The death of a person will cause problems with the property left behind, including how to continue or transfer the property left behind and who is entitled to receive / continue the property left behind, all of which are regulated by inheritance law. The summons (relaas) is one of the most important instruments in the court process. Without a summons the presence of the parties in court has no legal basis. A summons in civil procedure law is categorized as an authentic deed. Articles 165 HIR and 285 R.Bg and Article 1865 BW state that an authentic deed is a deed made before a public servant in the form prescribed by applicable law. Thus, everything contained in the relaas must be considered true, unless it can be proven otherwise. The purpose of this research consists of objective objectives and subjective objectives with benefits both theoretically and practically. The power of attorney and permission to pledge inherited property is one part of civil law as a whole and is part of family law. Inheritance law is closely related to the scope of human life, because every human being will definitely experience a legal event in the form of death. The legal consequences of the death of a person include the management and continuation of the rights and obligations of the deceased. Such is the case with the case studied in this paper, to pledge the estate of the deceased husband (children's share) a wife as a guardian of the child in marriage must make an application to the authorized Court, as stated in the Tangerang District Court Stipulation Number 1155/Pdt.P/2021/PN.TngThe act of Power of Attorney and Permission to pledge the estate should be done for the benefit of the child, namely to provide benefits and welfare for the child.

The Effectiveness Of Flogging Punishment On Public Legal Awareness In Aceh Province: A Sociology Of Jurisprudence Perspective Siti Syafa Az Zanubiya; Nefrisa Adlina Maaruf; Atik Winanti
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4849

Basically, it is not easy to make efforts to improve legal awareness in society without encouragement from individual communities. So that there needs to be more serious participation in socialization so that people can understand clearly and implement legal awareness properly. Flogging punishment is expected to be able to fulfill philosophical, juridical and sociological tendencies towards public legal awareness. This research is empirical legal research that uses primary data sources, namely that the author identifies and conceptualizes law as a real and functional social institution, which tends to be quantitative, based on primary data. The data obtained comes from quantitative observations that discuss the effectiveness of law as a means of social control, as well as the bond between law and social changes. The results of this study indicate that the implementation of flogging punishment in increasing public legal awareness is still considered not optimal. This is due to several reflections of the life of the people of Aceh today has cultivated indifference. Sociology of Law or better known as Sociology Jurisprudence has the task of revealing the causes of the discrepancy between the orderly society that is aspired to with the orderly society in reality.

Analysis of The Governmentâ€™s Role in Implementing Presidential Regulation (PERPRES) Number 72 of 2021 on Accelerating Stunting Reduction in Efforts to Maintain National Resilience Nefrisa Adlina Maaruf; Irwan Triadi
JURNAL HUKUM SEHASEN Vol 9 No 2 (2023): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v9i2.4857

The audit and economic consulting firm PricewaterhouseCoopers (PWC) has published a study that predicts Indonesia's economic position could reach the 5th rank globally. This is based on Indonesia entering the demographic bonus era, where the productive-age population exceeds the non-productive age group. The demographic bonus presents a golden opportunity for the economic and social development of Indonesia. However, according to data from the 2022 National Nutrition Status Survey (SSGI), the prevalence of stunting in Indonesia is at 21.6%, just below the WHO standard of 20%. This has caught the government's attention, leading to the issuance of Presidential Regulation of the Republic of Indonesia Number 72 of 2021 on Accelerating Stunting Reduction. It is hoped that the stunting issue in Indonesia will be addressed promptly because stunting not only has the potential to cause future health crises but also poses a barrier to achieving strong national resilience. This research aims to understand the role of the government in implementing Presidential Regulation Number 72 of 2021 on accelerating stunting reduction in efforts to maintain national resilience. This study uses a normative juridical research method, which involves examining literature and secondary data. The research results indicate that it will be challenging to maintain national sovereignty if the future generation of the nation experiences low learning ability and is at risk of chronic diseases such as diabetes, hypertension, and obesity due to poor nutrition or stunting.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
KARONA CAHYA SUSENA

Contact Email
karona.cs@unived.ac.id

Phone
+6281541234500

Journal Mail Official
karona.cs@unived.ac.id

Editorial Address
Fakultas Hukum Universitas Dehasen Bengkulu Jl. Meranti Raya No. 32 Sawah Lebar Kec. Ratu Agung, Kota Bengkulu 383228

Location
Kota bengkulu,

Bengkulu

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name KARONA CAHYA SUSENA

Contact Email karona.cs@unived.ac.id

Phone +6281541234500

Journal Mail Official karona.cs@unived.ac.id

Editorial Address Fakultas Hukum Universitas Dehasen Bengkulu Jl. Meranti Raya No. 32 Sawah Lebar Kec. Ratu Agung, Kota Bengkulu 383228

Location Kota bengkulu, Bengkulu INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
KARONA CAHYA SUSENA

Contact Email
karona.cs@unived.ac.id

Phone
+6281541234500

Journal Mail Official
karona.cs@unived.ac.id

Editorial Address
Fakultas Hukum Universitas Dehasen Bengkulu Jl. Meranti Raya No. 32 Sawah Lebar Kec. Ratu Agung, Kota Bengkulu 383228

Location
Kota bengkulu,

Bengkulu

INDONESIA