Article 1 of Law no. 1 of 1974 states that "marriage is physically and mentally between a man and a woman as husband and wife to form a happy family and based on the Almighty God". However, many problems in the household result in divorce, which causes various problems. One of the problems that occur as a result of divorce is child custody. One example is case decision number 1618/Pdt.G/2020/PA.Smp. This study aims to determine the basic considerations related to child custody following case decision number 1618/Pdt.G/2020/PA.Smp. In addition, it also aims to determine the obstacles in executing child care (Hadhanah) in the decision of the Sumenep Religious Court Number 1618/Pdt.G/2020/PA.Smp. This research is sociological juridical research using a statute approach and a case approach. Results Based on research and discussion, it is known that the Panel of Judges, in deciding this case, used Article 105 of the Compilation of Islamic Law, namely regarding the maintenance of children who are still not mumayyiz and also used the basis of legal considerations that are theoretically appropriate in terms of the principles that are the main reference in providing in the decision, the rules of Islamic law, as well as the provisions of the applicable laws and regulations.
Legal protection for children who are victims of sexual crimes is a manifestation of the obligations given by the State specifically. One of these protections is the protection of the confidentiality of the identity of children who are victims of sexual crimes. This embodiment aims to prevent children from negative treatment from any party that can adversely affect their growth and development of children. It has been explained in the provisions of law No. 11 of 2012 concerning the Juvenile Criminal Justice System Articlen19 paragraph (1). However, there are still many identities of children in conflict with the law that are not kept secret in case decisions are published on the Supreme Court Decision Directory Site. Therefore, the researchers raised two problem formulations. First, how to protect the identity of child victims of sexual crimes according to the laws and regulations. Second, how to protect the identity of child victims of sexual crimes according to the Malang District Court Class IA. The research method used a sociological juridical approach to collect literature study materials and interviews. Conclusions and suggestions from writing this final project, namely Article 19 of Law Numbern11 ofn2012 concerning the Criminal Justice System regarding the identity of children who are victims of sexual crimes whose identities are published if there are parties who violate the law that has set them up. Strict sanctions.
A high level of criminality has caused several issues in upholding the criminal code. The issues include things that are related to the effective ways to tackle criminality, criminal cases accumulation, and over-capacity issue. These issues need a proper handle immediately. One of the resolution mechanisms of criminal cases is by using the restorative justice approach, namely penal mediation. This research is to analyze the penal mediation construction in Indonesia and its role as an attempt of criminal case policy as the update of Indonesian criminal law This research conducted a normative juridical analysis of a variety of legislation and crime prevention theories. Penal mediation is an alternative dispute resolution (ADR) outside the court which commonly applies to civil cases. Unlike the juvenile criminal justice system, the positive criminal law in Indonesia cannot resolve the criminal cases outside the court; nevertheless, certain cases make it possible to have it settled outside the court. Apart from that, as a discrete, Indonesian law enforcement also settles some criminal cases outside the court. For civil cases, the mediation usually in the case relate to finance issue, as for criminal case, it is more on freedom and life of an individual. Mediation for civil cases is usually directly among parties of the dispute, or the second party of interest. As for criminal cases, the parties are more complexs which include the actors, victims, but also the prosecutor and public.
One of the state's efforts to eradicate corruption is to draw up a Bill on Asset Write-off, in which there is the regulation regarding the concept of Non-Criminal-Based Asset Write-off, which this concept can be called "Writing Without Punishment". The purpose of this writing is to find out how the concept of Non-Conviction Based Asset Forfeiture "Forfeiture Without Criminalization" can overcome corruption cases. Then to know how the human rights of the perpetrators whose assets are seized all by the state, doesn't every human being have the right to defend what they are entitled to. The method used by the author is the normative juridical method. These things are the general description of In this study, it was concluded that "Non-Conviction Based Assets" Forfeiture (NCB)" in the case of confiscation of assets resulting from criminal acts of corruption intends to maximize efforts to restore / recover assets (asset recovery) for state treasury losses are for the benefit of justice with the whole community, and the mechanism does not violate Human rights are based on the barrier between the rights to property as defined regulated in "Article 28G of the 1945 Constitution of the Republic of Indonesia. Keywords: Non-Conviction Based Asset Forfeiture; Corruption; Criminal Code. Abstrak Salah satu upaya negara memberantas korupsi adalah dengan lahirnya Rancangan Undang-undang Penghapusan Aset, yang didalamnya terdapat pengaturan mengenai konsep Penghapusan Aset Berbasis Non-Pidana yang konsep ini dapat disebut dengan "Penghapusan Tanpa Hukuman". Tujuan dari penulisan ini adalah untuk mengetahui bagaimana konsep Penghapusan Aset Berbasis Non-Pidana "Penghapusan Tanpa Kriminalisasi" dapat mengatasi kasus korupsi. Kemudian untuk mengetahui bagaimana hak asasi manusia dari pelaku yang asetnya disita seluruhnya oleh negara, bukankah setiap manusia berhak membela apa yang menjadi haknya. Metode yang digunakan oleh penulis adalah metode yuridis normatif. Hal-hal tersebut merupakan deskripsi umum dalam penelitian ini, dinyatakan bahwa "Penghapusan Aset Berbasis Non-Pidana" dalam kasus penghapusan aset yang dihasilkan dari tindakan kejahatan korupsi bermaksud memaksimalkan upaya untuk memulihkan / mengembalikan aset (pemulihan aset) untuk kerugian kas negara demi kepentingan keadilan bersama masyarakat, dan mekanisme tersebut tidak melanggar hak asasi manusia yang didasarkan pada penghalang antara hak atas properti yang diatur dalam "Pasal 28G Undang-Undang Dasar Negara Republik Indonesia Tahun 1945". Kata kunci: Non-Conviction Based Asset Forfeiture; Korupsi; Hukum Pidana.
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