LEGAL BRIEF最新文献_第2页

Construction Analysis of Penal Mediation and Restorative Justice on Crime Settlement in the Indonesian Criminal Justice System 印尼刑事司法体系中刑事调解与恢复性司法对犯罪和解的建构分析

LEGAL BRIEF Pub Date : 2023-04-28 DOI: 10.35335/legal.v12i1.742

Andi ALif Kumullah DG. Pahare, S. Muchtar, Muhammad Basri

{"title":"Construction Analysis of Penal Mediation and Restorative Justice on Crime Settlement in the Indonesian Criminal Justice System","authors":"Andi ALif Kumullah DG. Pahare, S. Muchtar, Muhammad Basri","doi":"10.35335/legal.v12i1.742","DOIUrl":"https://doi.org/10.35335/legal.v12i1.742","url":null,"abstract":"This research intends to analyze the existence of restorative justice and penal mediation in the Indonesian criminal justice system and to analyze the scope of the concept of restorative justice and penal mediation in the Indonesian criminal justice system. The research method used, normative juridical, is library law research which is carried out by examining library materials or secondary data sourced from primary, secondary, and tertiary legal materials. The research results obtained are the existence of restorative justice and penal mediation in the Indonesian Criminal Justice System. Number 11 of 2012 concerning the Juvenile Criminal Justice System. Restorative justice is a design of criminal justice that pays for the interests or needs of victims of victims, families and affected communities on the basis of the accountability of the perpetrators of criminal acts. So that it is necessary to strengthen the normative framework as a law enforcement effort from restorative justice to make law, both in a narrow formal sense and in a broad material sense, a guideline for behavior in every legal act, both by the legal subjects concerned and by law enforcement officials who are officially given the task and authority by law. Therefore, a rule that has legal certainty regarding restorative justice should be designed by a sovereign institution so that it has legal certainty. This is regulated in the 1945 Constitution of the Republic of Indonesia Article 20 paragraph (1) that \"The House of Representatives Holds the Power to form Laws\".","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124555513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Utilization of the River for Crossing Business by Taeng Village Communities in Gowa Regency 果瓦县Taeng村社区对河流的利用

LEGAL BRIEF Pub Date : 2023-04-28 DOI: 10.35335/legal.v12i1.743

Ardiansyah Basir, K. Lahae, Muhammad Aswan

{"title":"Utilization of the River for Crossing Business by Taeng Village Communities in Gowa Regency","authors":"Ardiansyah Basir, K. Lahae, Muhammad Aswan","doi":"10.35335/legal.v12i1.743","DOIUrl":"https://doi.org/10.35335/legal.v12i1.743","url":null,"abstract":"The research objective to analyze permits for the use of rivers used as crossing businesses and analyze and analyze the responsibilities of ferry service managers to users of crossing services in the event of an accident. The research used the empirical legal research, is a type of of legal research that functions to be able to see the law in a real sense. Sources of data were obtained through primary and secondary sources, as well as interviewing the Head of the Pompengan Jeneberang River Basin Office, the Head of the River, Lake and Ferry Transportation Office and the Crossing Business Owner in Taeng Village. This research was then analyzed qualitatively after the data analysis was completed, the results were presented descriptively.The research result indcates that the responsibility of the manager of the ferry service to the user of the ferry service in the event of an accident has 3 responsibilities, the first is civil responsibility on the basis of acts against law, the second is the responsibility of the carrier in the event of damage resulting from the transportation and moral responsibility and legal protection provided preventive and repressive.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128705069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Islamic Inheritance Law and Its Implications on the Rights of Adopted Children in IndonesiaPerspective on Adopted Children Enforcement in The Law of Inheritance 伊斯兰继承法及其对印度尼西亚收养儿童权利的启示——从继承法中收养儿童的执行看

LEGAL BRIEF Pub Date : 2023-04-28 DOI: 10.35335/legal.v12i1.768

Megawati Atiyatunnajah, Sidik Setyawan

{"title":"Islamic Inheritance Law and Its Implications on the Rights of Adopted Children in IndonesiaPerspective on Adopted Children Enforcement in The Law of Inheritance","authors":"Megawati Atiyatunnajah, Sidik Setyawan","doi":"10.35335/legal.v12i1.768","DOIUrl":"https://doi.org/10.35335/legal.v12i1.768","url":null,"abstract":"Adoption has developed into a widespread phenomenon in the context of Indonesian society. Due to the fact that adoption affects the interests of individuals within a family, adoption has been integrated into the legal framework that regulates family relationships As a result of the way it influences individual interests within the family, it has been incorporated into the legal framework governing family relationships. Article 39 of the Child Protection Law, adoptive parents must pay attention to the best interests of the child during the process, which must also be carried out in accordance with community habits, applicable laws and regulations. There are two categories of adoption in Indonesia: domestic adoption, which occurs between Indonesian citizens, and international adoption, which involves children of Indonesian citizens who are adopted by people who are not residents of Indonesia. The research method used is known as normative juridical research. This research method is used to understand and evaluate whether a legal regulation has complied with the applicable legal principles and formal requirements set by the law. The author chooses this method because it is relevant to various fields of law and generates new ideas. According to research, the inheritance rights of indigenous Indonesians are carried out based on Islamic law in situations involving Indonesian inheritance law. Adopted children are still considered biological parents and are not entitled to inherit from their adoptive parents. The local customary law system will determine how many adopted children are entitled to inheritance. Adopted children still receive inheritance from their biological parents, not from their adoptive parents because adopted children do not inherit from their adoptive parents. Increased public awareness and stricter regulations in Indonesia regarding adoption practices can help protect the rights and interests of children and promote safer and more secure adoption practices.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127169766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Review Regarding Appointment of Ambassador in Indonesia Based on Gender Equality 关于在性别平等基础上任命驻印度尼西亚大使的法律审查

LEGAL BRIEF Pub Date : 2023-04-28 DOI: 10.35335/legal.v12i1.765

Warasli Tafonao, Setiaman Gea, Zetria Erma

{"title":"Legal Review Regarding Appointment of Ambassador in Indonesia Based on Gender Equality","authors":"Warasli Tafonao, Setiaman Gea, Zetria Erma","doi":"10.35335/legal.v12i1.765","DOIUrl":"https://doi.org/10.35335/legal.v12i1.765","url":null,"abstract":"The purpose of conducting this research is to find out how the position of the President in Indonesia is and the mechanism for appointing Ambassadors of the Republic of Indonesia, where the majority still appoint men only. For this reason, it is appropriate for women's groups so that gender equality occurs. This type of research is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. Primary data is in the form of the 1945 Constitution and secondary material is in the form of books, journals, electronic news, laws and regulations and legal expert opinions as well as writings related to research titles. The President in appointing the Indonesian Ambassador must pay attention to the considerations of the People's Representative Council. The position of the President in Indonesia and the mechanism for appointing the Ambassador of the Republic of Indonesia based on gender equality with the consideration of the DPR is very necessary in the interest of cooperation between countries. Therefore, it is suggested that the government be more assertive and clarify the provisions governing the position and accountability mechanism of a president as the head of state in appointing an Indonesian Ambassador in accordance with the system of government adopted by the Indonesian state which provides equal opportunities to all prospective ambassadors, both male and female, serve in any area regardless of the conditions. And it is necessary to hold a procedure for appointing an Indonesian Ambassador to ensure transparency over the prospective Ambassadors who are placed to have sufficient capacity and capability to realize the national interests of all Indonesian people regardless of gender while on duty and work regardless of the territory occupied.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"359 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134161318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mediation Empowerment in Resolution of Civil Claims in State Court 调解授权在国家法院解决民事索赔

LEGAL BRIEF Pub Date : 2023-04-28 DOI: 10.35335/legal.v12i1.750

H. Hariadi

{"title":"Mediation Empowerment in Resolution of Civil Claims in State Court","authors":"H. Hariadi","doi":"10.35335/legal.v12i1.750","DOIUrl":"https://doi.org/10.35335/legal.v12i1.750","url":null,"abstract":"Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator as a facilitator, the provisions of which are regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in District Courts. Mediation in court is the institutionalization and empowerment of peace (court-connected mediation) with the philosophical basis of Pancasila which is the basis of the Indonesian State, especially the fourth precept \"Populist led by Wisdom of Wisdom in Deliberation/Representation\". The fourth precept of the Pancasila, among other things, requires that efforts to resolve disputes, conflicts or cases be carried out through deliberations to reach a consensus that is filled with a spirit of kinship. Mediation in court is the result of the development and empowerment of peace institutions as stipulated in the provisions of Article 130 Herziene Inlandsch Reglemen (HIR) / 154 Rechtsreglemen voor de Buitengewesten (RBg) which requires a judge who hears a case to earnestly seek peace between the litigants. Efforts to resolve through Mediation apart from benefiting the parties are also beneficial for the Court because Mediation is expected to overcome the problem of accumulation of cases. however, the results of research at the Sengkang District Court Class IB and the Maros District Court Class IB show that the implementation of mediation is in accordance with Perma No. 1 of 2016 concerning Mediation Procedures at the District Court. However, there are several obstacles encountered in resolving civil lawsuit disputes in the District Court, namely egotism, external factors, educational factors, absence of the parties, passing the time limit, aspects of advocates and aspects of mediator judges.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130557976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Protection of Women and Children Victims of Sexual Violence in Gorontalo City Police 哥伦塔洛市警察对性暴力受害妇女和儿童的法律保护

LEGAL BRIEF Pub Date : 2023-04-28 DOI: 10.35335/legal.v12i1.758

Nopiana Mozin, Lucyane Djaafar, Risha Safitri Ibrahimr

{"title":"Legal Protection of Women and Children Victims of Sexual Violence in Gorontalo City Police","authors":"Nopiana Mozin, Lucyane Djaafar, Risha Safitri Ibrahimr","doi":"10.35335/legal.v12i1.758","DOIUrl":"https://doi.org/10.35335/legal.v12i1.758","url":null,"abstract":"Legal protection in Indonesia is given to everyone based on equal rights and obligations as well as standing before the law. In this case, women and children are given extra legal protection because they are vulnerable to becoming victims of violence. In Gorontalo itself, the number of sexual violence increases every year. This is corroborated by the findings of cases of sexual violence from November 2019 to 2022, namely 105 cases. Regarding protection, the Gorontalo City Police Women's and Children's Service Unit has a role in protecting against all forms of violence, especially sexual violence. Sexual violence is defined as forced sex that can be performed by anyone who does not care about their relationship with the victim. The method used in this research is qualitative analysis, where research findings are obtained from literature research, document studies, and interviews. The purpose of this research is to find out legal protection efforts for women and children who are victims of sexual violence in Gorontalo and what are the inhibiting factors for legal protection for children and women who are victims of sexual violence themselves. In the findings of this study, legal protection for women and children who were victims of sexual violence, namely that victims immediately received assistance from the Integrated Service Center for Empowerment of women and children (P2TP2A) at the Gorontalo City Police in the initial process. Assistance is focused on the mental and psychological health of the victim. After that, if the victim is not satisfied with the process, the Integrated Women and Children Empowerment Service Center (P2TP2A) will assist the victim in submitting a report to the National Police so that it is followed up through the court process. The inhibiting factors found in this study were the victim's uncooperativeness in providing information due to mental disturbances due to trauma, as well as the location of the victim's house which was quite far away in terms of the process of providing legal protection itself.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"177 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133587354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Juridical review of criminal acts of environmental destruction that occurred in the tele forest, samosir regency 萨摩西尔摄政时期发生在偏远森林的破坏环境犯罪行为的司法审查

LEGAL BRIEF Pub Date : 2023-02-28 DOI: 10.35335/legal.v11i6.632

Sigar P. Berutu, Mazmur Septian Rumapea

引用次数: 0

The problems of siri marriage for couples who have not married according to the law in marriage legal perspective 从婚姻法角度看未依法结婚的夫妻的siri婚姻问题

LEGAL BRIEF Pub Date : 2023-02-28 DOI: 10.35335/legal.v11i6.706

Idris Idris, Raya Lestari, Zetria Erma

引用次数: 0

Community Institutions with Nationalist Characteristics 民族主义特色社区机构

LEGAL BRIEF Pub Date : 2023-02-28 DOI: 10.35335/legal.v11i6.746

S. Prasetyorini

{"title":"Community Institutions with Nationalist Characteristics","authors":"S. Prasetyorini","doi":"10.35335/legal.v11i6.746","DOIUrl":"https://doi.org/10.35335/legal.v11i6.746","url":null,"abstract":"Nationalism is essentially a modern state ideology, like democracy and communism. Even colonialism and imperialism are forms of expansive nationalism. Nationalism is an awareness and pride in the state that creates attitudes and feelings that place greater importance on national life over personal, group, regional or party interests represented. This research is juridical normative. Using descriptive-analytical research specifications. Using secondary data collection sourced from library book materials, obtained through primary, secondary and tertiary legal materials. The normative analysis method as a way of discussing research material is based on all understandings in legal science. The results of the study show that Pancasila is understood not in its formula or status but in its contents, namely the noble values ??that are recognized as the agreed view of the nation's life. As attitudes and behaviours, it can be observed and assessed as to what our identity as a nation is like. In addition to the attitude and behaviour displayed. The characteristics possessed by civil society are such as living independently, having a high sense of tolerance, actively participating in all public policy formation, voluntary cooperation, upholding the values ??of justice and honesty, recognizing and respecting differences, and having strong national integrity. strong, upholding human rights and the rule of law as well as being open and transparent.","PeriodicalId":187143,"journal":{"name":"LEGAL BRIEF","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116422043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Law Implementation of Body Shaming that Leads to Sexual Harassment Against Women in Social Media 导致女性在社交媒体上遭受性骚扰的身体羞辱的法律实施

LEGAL BRIEF Pub Date : 2023-02-28 DOI: 10.35335/legal.v11i6.638

Ricky Shandy, Retno Dewi Pulung Sari

引用次数: 1