Wacana Hukum

Faktor Yang Menyebabkan Terdakwa Melakukan Kekerasan Seksual

Shinta Rukmi Budihastuti, Esti Aryani — Wed, 05 Oct 2022 00:00:00 +0700

The creation of legal protection for children's rights is one of the main objectives to protect Indonesian children as fully as possible. The Pancasila and the 1945 Constitution of the Republic of Indonesia are the main guidelines as the legal basis for child protection so that all children's rights can be fulfilled and efforts to protect them can run in an orderly, orderly and responsible manner. It has been explained about the definition of a child based on Article 1 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, which states that children are those who are not yet 18 (eighteen) years old, including children who still in the womb. The purpose of this study was to determine the factors that caused the defendant to commit sexual violence against the victim in the decision number 103/Pid.Sus/PN.Sgn. The type of research used in this research is normative legal research. The data analysis used in this research are: qualitative normative data analysis. Based on the results of the research that has been carried out, it is concluded that: The factors that caused the defendant to commit sexual violence against the victim in the decision Number 103/Pid.Sus/2019/PN.Sgn were changes in the cultural social system, which began to lead to advances in technology and information along with various impacts. The negative is very clear in this case. The defendant was introduced to the victim through social media such as Facebook. This type of social media is very vulnerable to being a place for child predators to find or get acquainted with potential prey. The defendant did the same to the victim in this case.

LIMITATION OF ABSOLUTE AUTHORITY OF RELIGIOUS COURTS AND DISTRICT COURTS IN SETTLEMENT OF INHERITANCE DISPUTES

Alviona Anggita Rante Lembang, Natanael Andra Jaya Nababan, Dian Latifiani — Wed, 05 Oct 2022 00:00:00 +0700

The absolute authority of the Religious Courts can be seen from Law Number 7 of 1989 in conjunction with Law Number 3 of 2006 concerning Religious Courts. Meanwhile, the District Court has the authority to examine, hear, and decide criminal and civil cases at the first level. Both the Religious Courts and the District Courts are authorized to settle inheritance disputes. Law No. 3 of 2006 concerning the Religious Courts states that for Muslims, the institution to settle inheritance cases is the Religious Courts. Meanwhile, non-Muslims can apply for dispute resolution to the District Court. However, the absolute authority of the Religious Courts still gives Muslim people a choice of law to choose what law to use in resolving inheritance disputes occurred which gives the potential to cause a conflict of authority between the two judicial institutions. Therefore, this conlifct must be resolved in order to create legal certainty

INTERNATIONAL LAW REVIEW ON THE EXPLOITATION AND NEGLECT OF INDONESIAN WORKERS IN MALAYSIA

Wed, 05 Oct 2022 00:00:00 +0700

With the increasing number of Indonesian workers in Malaysia, the
problems related to the supervision and protection of workers in
are also more and greater in accordance to the international legal
norm. Malaysia has identified to commit human rights violations in
general and labor rights, in particular exploitation and neglect of
workers, which contradicts the Memorandum of Understanding
(MoU) between Indonesia and Malaysia along with the International
Labor Organization (ILO) Conventions. In the case of a worker with
the initial YT(60), his employer was identified as not providing
wages for 7.5 years and it was faund in 2022. The research used
normative legal methods. The source and data used in this study are
secondary sources in the form of legal materials. The result showed
that the applicable MoU between the two countries is adequate, yet
Malaysia was identified to violate some provisions in the MoU itself.
Therefore, there is an urgency for the two countries to reinforce
laws regarding such issues, including a more detailed agreement
regarding the placement and all rights of migrant workers regulated
by the national law of the receiving country, namely Malaysia

Pengaturan Santunan Asuransi Kecelakaan Penumpang dan Driver Go-Ride yang Diberikan Oleh PT Gojek

Guntur Satrio Bhakti, Widiastuti, Josef Purwadi Setiodjati — Wed, 05 Oct 2022 00:00:00 +0700

Indonesia is now entering the digital era and is developing not only in information technology but also in the field of transportation. People can now order motorcycle public transport (Go- Ride) only through the application. Go-Ride is one of the services provided by Gojek, whose mission is to carry passengers. High interest in the use of Go-Ride can cause traffic accidents. The purpose of this investigation is to find laws and regulations regarding insurance for public transport passengers and to determine regulations regarding the fulfillment of insurance claims due to accidents between passengers and Go-Ride drivers. The type of study used by the author is normative study. The nature of this study is descriptive and analytical. The data sources used in this study are primary and secondary data sources. In the data analysis method of this study, the author uses qualitative data analysis using an interactive model. The results of this study explain the regulations that Gojek used as a reference for implementing insurance. The regulation in question is Road Traffic and Transportation Law No. 22 of 2009, which requires all carriers to be held responsible in the event of a passenger accident, with Go-Ride passengers and drivers in an accident. Explains the mechanism of providing insurance coverage in the event of an accident. There are two types of highways and passenger insurance is Basic penumpang Go¬-Ride dan Perjalanan Aman+.