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Journal : International Journal of Sustainable Law

Analysis of the Age Limit for Regional Head Candidates in Supreme Court Decision Number 23P / HUM / 2024 Perspective of Gustav Radbruch's Legal Certainty Theory Nurrahmah, Fitriyah Nurrahmah; Rukmono, Indra; Dores, Dedi; Prayitna, Reza Dipta
International Journal of Sustainable Law Vol. 1 No. 2 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/gq11y769

Abstract

The Supreme Court through decision number 23P/HUM/2024 gave birth to a new provision regarding the age limit of regional head candidates calculated at the inauguration stage, not at the time of determining the candidate pair. This provision has caused polemics among the public because if it is calculated from the inauguration how the KPU and the organizers have difficulty verifying the qualifications of the minimum age limit of the regional head candidates and whether it fulfills the aspects of legal certainty when viewed from the ideas of Gustav Radbruch. This research uses normative research with a case approach model. Gustav Radbruch interpreted legal certainty with 4 indicators, namely (1) law is a positive thing (legislation); (2) law is based on facts; (3) legal facts must be formulated in a clear way (avoiding misinterpretation and easy to implement); and (4) positive law is not easily changed. Supreme Court Decision Number 23P/HUM/2024 when examined from the four indicators initiated by Gustav Radbruch shows legal uncertainty.
Handling Cases of Bullying Practices in The School Environment in Terms of Criminal Law Dores, Dedi; Mubarok, M. Khusni; Setiawan, Hery; Kumala, Milka; Khilmi, Muhammad
International Journal of Sustainable Law Vol. 1 No. 1 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/642t3b02

Abstract

This research aims to find out what are the backgrounds of bulliying, law enforcement for perpetrators, protection for victims and how to find solutions so that bulliying cases do not mushroom in places that should be a place of knowledge. The research method used is normative research method using regulatory approach. Legal protection for victims of bullying crimes is regulated in Article 76C of the Child Protection Law No. 35 of 2014. This article contains content that prohibits violence against children. Legal protection against the perpetrators of bullying, where the perpetrator also has rights that are his rights, protection can be achieved by prioritizing differences in efforts to overcome the problem of bullying and by overriding criminal penalties, if diversion does not find an agreement, then specifically the perpetrators of child crimes are tried taking into account the principles contained in Law Number 11 of 2012 concerning the Juvenile Justice System. Crime prevention efforts can be divided into penal prevention (criminal law) and non eanal prevention (other than criminal law).