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THE EFFECTIVENESS OF LEGAL PROTECTION FOR CHILDREN VICTIMS OF SEXUAL VIOLENCE AFTER THE ENACTMENT OF LAW NUMBER 12 OF 2022 CONCERNING THE CRIME OF SEXUAL VIOLENCE Muhammad Ansori Lubis; Yusuf Hanafi Pasaribu; Syawal Amry Siregar
Jurnal Ilmiah METADATA Vol. 8 No. 2 (2026): Edition May 2026
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v8i2.1078

Abstract

Sexual violence against children is one of the most damaging forms of human rights violations for the future of the nation's generations, and the number of cases in Indonesia does not show a significant downward trend even though the country has special legal instruments. The ratification of Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) is expected to be a legal breakthrough that fills the regulatory gap regarding the prevention, handling, protection, and recovery of victims, especially children. This article aims to examine the extent to which the TPKS Law is effective in protecting child victims of sexual violence in the first three years of its implementation (2022-2025), by examining the gap between normative-juridical protection and factually felt by victims in the field. This study uses a normative juridical method with a statute approach and a conceptual approach, supported by a literature study on official data from state institutions as well as national and international literature for the last five years. The results of the study show that the TPKS Law has normatively expanded the definition of sexual violence, introduced a mechanism for mandatory restitution, psychological assistance, and the establishment of a Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA), but its implementation is still hampered by the lack of implementing regulations in the early days, limited capacity of law enforcement officials, and the low ratio of cases that continue to the judicial process. The issuance of Government Regulation Number 30 of 2025 as an implementing regulation is also studied as an indicator of strengthening the effectiveness of advanced legislation. The novelty of this research lies in the synthesis of cross-year data trends (2022-2025) that have not been found in previous studies which are generally based on single-decision studies, resulting in a longitudinal and contextual map of legal effectiveness on the condition of child victims in Indonesia. This article recommends accelerating the harmonization of implementing regulations at the regional level and strengthening institutional capacity as a prerequisite for the effectiveness of the TPKS Law as a whole.
JURIDICAL ANALYSIS OF LIFE INSURANCE COMPANIES' BAD FAITH ON INSURANCE POLICIES RELATED TO CLAIM PAYMENT OBLIGATIONS Teuku Daudsyah; Herlina Hanum Harahap; Muhammad Ansori Lubis
Jurnal Ilmiah METADATA Vol. 8 No. 2 (2026): Edition May 2026
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v8i2.1093

Abstract

The principle of utmost good faith is the most important principle in life insurance contracts. This principle is applied in life insurance practice, among other things, when the insured completes the insurance application form. The legal protection provided to consumers in life insurance businesses in Indonesia is based on the principle of utmost good faith, which is the act of accurately providing all requested and unsolicited information from the insurance company regarding the insured item or the insured object/interest. Examples of bad faith by life insurance companies regarding life insurance policies related to their obligations in running the life insurance business include the insurer's frequent refusal to pay life insurance claims.
AUTHORITY TO ISSUES AN ORDER TO TERMINATE INVESTIGATION (SP3) IN CORRUPTION CASES Nusantara Tarigan Silangit; Herlina Hanum Harahap; Muhammad Ansori Lubis
Jurnal Ilmiah METADATA Vol. 8 No. 2 (2026): Edition May 2026
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v8i2.1094

Abstract

Corruption is an extraordinary crime because it is systemic, endemic, and has a very broad impact that not only harms state finances but also violates the social and economic rights of the wider community so that its action requires special efforts. Termination of investigation of corruption is carried out through the issuance of an Investigation Termination Order (SP3) by investigators (Police, Prosecutors, or the Corruption Eradication Commission). Based on legal validity if it meets the reasons for insufficient evidence: The investigator concludes that the existing evidence is insufficient to continue the case to the prosecution stage, the alleged incident does not fulfill the elements of a corruption crime, the case is stopped for reasons of the loss of the right to sue due to the suspect's death, expiration, or ne bis in idem (the same case has been decided by the court and has permanent legal force).
THE CRIMINAL ACT OF TRAFFICKING IN HUMANS FOR THE PURPOSE OF EXPLOITATION OF HUMAN ORGANS Syawal Amry Siregar; Herlina Hanum Harahap; Muhammad Ansori Lubis
Jurnal Ilmiah METADATA Vol. 8 No. 2 (2026): Edition May 2026
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v8i2.1095

Abstract

The perpetrators of the crime of human organ trafficking are not only criminal syndicates who want to get money through illegal means, but the perpetrators can also be individuals who sell their organs with the intention and goal of getting money. Regulations regarding this crimetrading in organs/body tissue in Law Number 21 of 2007 concerning the Eradication of Human Trafficking which includes trading in body organs as an act of exploitation of people, while in Law Number 36 of 2009 concerning Health it is clearly regulated that human organs are prohibited from being traded under any circumstances.Criminal sanctions against perpetrators of crimesSelling and buying organs/body tissue is expressly stipulated in Article 192 of Law Number 36 of 2009 that anyone who intentionally sells organs or body tissue under any pretext as referred to in Article 64 paragraph (3) shall be punished with a maximum prison sentence of 10 years and a maximum fine of IDR 1 billion.
UNFAIR BUSINESS COMPETITION AGAINST TRADITIONAL RETAILERS DUE TO THE DOMINANCE OF THE MODERN RETAIL MARKET Agus Armaini Ry; Herlina Hanum Harahap; Muhammad Ansori Lubis
Jurnal Ilmiah METADATA Vol. 8 No. 2 (2026): Edition May 2026
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v8i2.1096

Abstract

The market dominance of modern retail has created unequal competition for traditional retailers. Modern retailers possess substantial capital, extensive distribution networks, and efficient management systems, enabling them to sell goods at lower prices. Conversely, traditional traders purchase goods in small quantities, resulting in higher cost prices. Modern retailers offer shopping comfort through air conditioning, good lighting, neat product displays, cashless payment options, and adequate parking. These are key preferences for modern consumers. Many modern retailers are permitted to operate near traditional markets or residential areas, seizing market share that was previously the catchment area of ​​traditional traders.
RENEWAL OF CONTROL OF INTERNAL LAND RIGHTS CONSTI-TUTIONAL LAW PERSPECTIVE Irwansyah Irwansyah; Herlina Hanum Harahap; Muhammad Ansori Lubis
Jurnal Ilmiah METADATA Vol. 8 No. 2 (2026): Edition May 2026
Publisher : LPPM YPITI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47652/metadata.v8i2.1097

Abstract

Article 33 paragraph (3) of the 1945 Constitution mandates the state that everything related to land as part of the earth, water and natural resources contained therein in Indonesia must and must be managed and utilized for the greatest prosperity of the Indonesian people. The state's right to control land is regulated in Article 1 and Article 2 of the UUPA, which also states that land controlled by the state is an elaboration of the state's right to control land, water and space. State land as land directly controlled by the state is land that is not attached to any land rights, as regulated in the UUPA. Control of land rights from a juridical-theoretical perspective is control based on rights, which are protected by law and generally give authority to the rights holder to physically control the land that is being claimed, for example the land owner uses or takes advantage of the land that is being claimed, not handed over to another person
Legal Protection for Children in Conflict with the Law Under the Law on the Juvenile Criminal Justice System in Indonesia Elizabeth Ghozali; Muhammad Ansori Lubis
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3912

Abstract

This research is entitled Legal Protection for Children in Conflict with the Law in a Review According to the Law on the Juvenile Criminal Justice System in Indonesia. The method used in this paper is based on normative juridical research. Writing in this scientific journal uses a statutory and conceptual approach. Journals that use normative legal research are by collecting secondary data sources in the field of law from the point of view of their binding strength. In the normative research method, various library materials are used in accordance with the legal issues being studied. The Law on the Juvenile Criminal Justice System provides a new color in the dynamics and development of law in Indonesia, especially towards the criminal law system. From experience in handling the problem of children in conflict with the law, when all parties play an active role, especially the government, then the number of juvenile delinquents which is now increasing can be suppressed and handled properly. In terms of giving special attention to children's problems, the government must seriously and fully implement what has been mandated by law. There is a need for a national comprehensive child protection system to prevent and deal with violence or exploitation of children in conflict with the law. Thus, the protection of children is not only limited to the government as administrators of the state, but also carried out by parents, families and communities to be responsible for protecting and maintaining children's human rights. On the other hand.