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Ahmad Dahlan Legal Perspective
Published by Universitas Ahmad Dahlan
ISSN : -     EISSN : 27923123     DOI : https://doi.org/10.12928/adlp.v1i1.3554
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This journal aims to provide Indonesian academicians and researchers a venue for publishing their original research articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law, and another section related to contemporary issues in law or interconnection study with Legal Studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2023)" : 5 Documents clear
Perlindungan Hukum terhadap Korban Tindak Pidana Perdagangan Anak Perspektif Hak Asasi Manusia Sulistya Eviningrum; Fitri Nur Sukmawati; Tri Anggis Hastari; Fayza Ilhafa
Ahmad Dahlan Legal Perspective Vol. 3 No. 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12928/adlp.v3i1.6931

Abstract

This research was conducted to analyze the legal protection provided to child victims of child trafficking in Indonesia from a human rights perspective. The urgency of law enforcement is not only to tackle the crime of child trafficking but also to protect children who are victims of criminal acts. Children need protection from the fact that they have become victims. Not only physical protection, but mental and spiritual protection and social rehabilitation. The normative legal research method is used in this research, with the results of the research explaining: first, human rights and legal protection efforts against child victims of child trafficking are regulated and guaranteed in the Indonesian national legislative system based on the 1945 Constitutional Amendment, Human Rights Law Number 9 of 1999, Law No. 35 of 2014 concerning Child Protection, Law No. 21 of 2007 concerning the Elimination of Child Trafficking. One of the legal protection efforts is prevention, replacement, compensation, rehabilitation and integration. Efforts to protect child victims of trafficking: first, by providing rights to victims is the duty and responsibility of the state; second, the government works to ensure increased efforts to protect victims of trafficking. Carry out prevention and eradication activities to take action to prevent and overcome the crime of child trafficking. Encourage the establishment and/or improvement of legislation relating to child trafficking.
Tinjauan Yuridis Hukuman Kebiri Perspektif Perlindungan Hak Asasi Manusia tentang Hak Memiliki Keturunan dan Hak Hidup Berkeluarga Dioba Savana; Sobirin Malian
Ahmad Dahlan Legal Perspective Vol. 3 No. 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12928/adlp.v3i1.7280

Abstract

The high levels of harassment and rape that occur in Indonesia are bad things that continue to proliferate in this country. Sexual crimes against children in Indonesia have not been able to be resolved every year by the government. According to the annual records of the National Commission on Violence against Women (Komnas Perempuan), the number of violent crimes against women in 2020 was 299,911 cases. The most significant cases were sexual violence, namely 962 cases consisting of sexual harassment (166 cases), rape (229 cases), sexual harassment (181 cases), the rest were attempted rape and other sexual violence. Since the enactment of Law No. 17 of 2016, it is expected to be a breath of fresh air for enforcement and protection, but in fact it has received rejection from the National Commission on Human Rights and the Indonesian Doctors Association. The research used in this study is normative legal research. Normative legal research is legal research that has an object of targeting laws and regulations, and other legal materials. This data collection method is a way to collect the materials needed in a research that can be done by means of literature research (literature research). Based on the results of the research and discussion, it can be explained as follows: first, there are violations of human rights and legal norms in the article which contains chemical castration for the perpetrators if it is related to the protection of the rights to have a family and have children Against Article 28B Paragraph (1) of the 1945 Constitution which in Article The provisions clearly emphasize that everyone has the right to form a family and continue offspring through a legal marriage. Second, castration is one of the actions to limit the right of every person to have offspring. Third, the chemical castration punishment referred to in Law number 17 of 2016 is an inhumane and inaccurate act, so that the punishment violates human rights. Fourth, in view of the theory of legal objectives, this castration punishment has not really been implemented clearly. in implementing legal certainty, justice and benefits for society and the legal norms themselves.
Penerapan Asas Itikad Baik dalam Transaksi Jual-Beli Tanah (Studi Putusan Nomor 13/Pdt.G/2018/PN Bar) Muhammad Asshidiq; Muhammad Farid Alwajdi
Ahmad Dahlan Legal Perspective Vol. 3 No. 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12928/adlp.v3i1.7661

Abstract

The purpose of this study is to find out how the application of the principles of good faith in land transactions, and be more specific to analyze how the application of a good faith principle between the seller and the buyer on rule number 13/ PDT. G/2018/ pn bar.The method of research used was normative-law research, with law enforcement approaches and case approaches. The research uses primary and secondary and tesier legal sources. This study the authors concluded that in land transactions in case number 13/ PDT. G/2018/ pn bar raised the issue because one party had deviated from the principle of good faith in buying and selling, when one party of the agreement already applied its good faith in carrying out a covenant.
Analisis Prinsip Independensi Hakim Konstitusi di Indonesia Priandita Koswara; Megawati Megawati
Ahmad Dahlan Legal Perspective Vol. 3 No. 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12928/adlp.v3i1.7902

Abstract

The purpose of this paper is: to find out the analysis of the principle of independence of constitutional judges in Indonesia. The type of research used is included in normative juridical research because it is carried out through document studies or through literature materials by collecting primary legal materials and secondary legal materials. The legal material obtained was analyzed using qualitative analysis. Meanwhile, the approach method used by the author in this study itself is a conceptual approach. Based on the results of the study, it can be concluded that the independence of judicial power can be understood as independence or independence, in the sense of complete freedom and no interference with judicial power. Judicial power is an independent or independent institution of state power, so there is no interference from any party in the implementation of its duties and authorities. Efforts to reduce the value of independence and political practice towards the Constitutional Court are clearly demonstrated by the legislature.  Actions outside these provisions injure the independence of the judiciary which is the most important bulwark of the rule of law in the sense of Article 1 paragraph (3) and Article 24 paragraph (1) of the 1945 Constitution.
Penerapan Asas Individualiteit terhadap Sistematika Berjalannya Hukum Kebendaan di Masyarakat Indonesia Al Qodar Purwo Sulistyo; Anang Dony Irawan; Titi Mahira A’dawiyah; Rosita Indriani; Muhammad Nur Hidayat
Ahmad Dahlan Legal Perspective Vol. 3 No. 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.12928/adlp.v3i1.8005

Abstract

The existence of material law is very important in a social life. With the existence of material law all objects can be regulated so as to create a life that respects each other regarding material possessions and power over their owners. Of course material rights are based on statutory provisions so that they are binding. So that its existence provides things that need to be obeyed by the community in order to achieve a welfare state or a welfare state in accordance with the ideals of the state. With this basis, the principle of individuality can certainly be realized in society through material law because it is based on existing laws. The effectiveness of the principle of individuality can be realized on the basis of the existence of applicable laws and regulations, as stated in Law Number 12 of 2011. With the existence of applicable material law, it certainly has a full effect on people's lives, where people must obey and submit and comply with all rules. law especially in the implementation of statutory regulations that have been stipulated. So that the enforcement of the law of objects based on the principle of individuality can run in accordance with existing provisions. This principle makes it easier for the community to claim their ownership rights to an object because according to this principle the rights to objects can be determined individually. The right to own an object means the right to enjoy an object freely and regarding this property right is very necessary for the community so that problems do not occur in the future. The research contribution is expected that these guarantees will later become two parts, namely material (material) guarantees in the form of absolute rights to an object and can be maintained and transferred and immaterial (individual) guarantees which only cause direct relationships to certain individuals. This research method uses normative juridical, using a journal literacy approach using materials in the form of legal principles, related basic laws as primary or principal legal materials in completing this research. The systematic application of object law based on the principle of individuality can be carried out because it has been determined and ratified by the legislature with the approval of the president, of course.

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