Iin Hot Prinauli Purba
PUI PT Business Law E-commerce, Fakultas Hukum, Universitas Prima Indonesia, Medan, Sumatera Utara, 20112, Indonesia

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Analisis Yuridis terhadap Tindak Pidana Kekerasan Seksual terhadap Penyandang Disabilitas (Studi Putusan Nomor 1245/Pid.B/2023/PN Mdn) Anastasia Anjali Tanjung; Iin Hot Prinauli Purba
Verdict: Journal of Law Science Vol. 5 No. 2 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.2.2026.348-362

Abstract

Sexual violence against persons with disabilities constitutes a serious violation of human rights because victims are particularly vulnerable and often face barriers in accessing justice and legal protection. This study aims to analyze the legal regulation of sexual violence against persons with disabilities in Indonesian legislation and to examine the implementation of Decision Number 1245/Pid.B/2023/PN Mdn in providing legal protection for victims with disabilities. This research employs normative legal research using statutory and case approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively through legal interpretation. The findings indicate that legal protection is regulated under the Indonesian Criminal Code, Law Number 8 of 2016 concerning Persons with Disabilities, Law Number 12 of 2022 concerning Sexual Violence Crimes, and Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. However, the Criminal Code remains general in nature and does not specifically address the protection of persons with disabilities. In contrast, the subsequent laws provide more comprehensive protection through accessibility, legal assistance, victim protection, rehabilitation, restitution, and recovery. In Decision Number 1245/Pid.B/2023/PN Mdn, the court recognized the victim's intellectual disability as an aggravating circumstance and convicted the offender under Law Number 12 of 2022. Nevertheless, the judgment did not explicitly provide restitution or comprehensive rehabilitation for the victim. The study concludes that Indonesia's legal framework has become more progressive, but its implementation still requires stronger victim-oriented and restorative protection.
Tanggung Jawab Notaris atas Pembuatan Akta yang Kemudian Disengketakan oleh Ahli Waris (Studi Putusan Nomor 33/Pdt/2022/ Pt. Bdg) Iin Hot Prinauli Purba; Sesuai Niandro Baeha
Verdict: Journal of Law Science Vol. 5 No. 3 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.3.2026.527-538

Abstract

This study analyzes the responsibility of a notary in the preparation of a land grant deed that subsequently becomes the subject of a dispute among heirs, with reference to Decision Number 33/PDT/2022/PT BDG. The research is motivated by the increasing number of inheritance disputes involving authentic grant deeds and the need to clarify the scope of notarial liability. This study employs normative legal research using statutory, case, and conceptual approaches. Primary legal materials include relevant legislation and court decisions, while secondary materials consist of legal literature and scholarly publications. The collected materials are analyzed qualitatively through legal interpretation and examination of the judges’ reasoning. The findings demonstrate that a notary’s responsibility may arise under civil, administrative, or criminal law, depending on the existence of fault or negligence. Civil liability may be imposed if a notary commits an unlawful act causing loss to the parties. Administrative sanctions may be imposed for violations of statutory duties under the Law on Notary Office, whereas criminal liability arises only when intentional misconduct, such as forgery or deliberate inclusion of false information, is proven. In Decision Number 33/PDT/2022/PT BDG, the court held that the repeated filing of lawsuits by the defendant did not constitute an unlawful act because access to the courts is a legally protected right. The grant deed was not declared invalid or annulled, and no evidence established that the notary had violated legal procedures in preparing the deed. Consequently, the notary could not be held liable. The study concludes that notarial liability is based on proven fault rather than the mere existence of a dispute concerning an authentic deed.