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Kebijakan Pidana Kebiri Kimia Oleh Majelis Hakim Terhadap Pelaku Pemerkosaan Terhadap Anak di Indonesia Enmo, M. Firza; Pohan, Masitah
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 6 No. 5 (2024): Ranah Research : Journal Of Multidisciplinary Research and Development (Juli 20
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v6i5.1090

Abstract

Chemical castration, medically known as "antiandrogen therapy", is a procedure that involves administering a chemical substance to suppress the production of the hormone testosterone. The aim is to reduce libido and erectile ability in men. Unlike physical castration, which is permanent, chemical castration is reversible, meaning that the effects will disappear once the treatment is stopped This study uses normative research methods, which are also referred to as legal research methods, positive legal research methods, doctrinal legal research methods, and pure legal research methods. Normative legal research is a type of research that centers on written law (law in books) or community customs. Most normative research data sources come from secondary data sourceschemical castration punishment can be considered contrary to several international human rights instruments that have been ratified by Indonesia.The Indonesian National Commission on Human Rights has also expressed its objection to the application of chemical castration punishment.The purpose of this study is expected to significantly reduce sexual crimes against children and provide better protection for the nation's future generations.The existence of castration punishment in Indonesia is a complex and multidimensional issue, involving legal, ethical, medical, social, and political aspects. Although intended as a decisive measure to protect children from sexual crimes, its implementation remains controversial and faces various practical and ethical challenges.
PERLINDUNGAN HUKUM TERHADAP ANAK DAN PEREMPUAN SELAKU KORBAN KEJAHATAN SEKSUAL Rismando Sitepu, Antonius Prananta; Rahmayanti, Rahmayanti; Pohan, Masitah
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.687

Abstract

This research aims to analyze the problems in the legal protection of children and women victims of sexual crimes in Indonesia. This research uses normative juridical research method with data collected through literature study of laws and regulations, legal literature, and previous research related to protection and children. The analysis was conducted qualitatively to assess the compatibility between the applicable legal norms and their implementation in the community. The results showed that although the legal framework is quite comprehensive, there are significant challenges in the implementation of legal protection, including overlapping and incompatible regulations, lack of socialization and understanding of the law, slow handling and lenient sentences, lack of supporting facilities and resources, and social and cultural barriers. This research recommends strengthening institutional capacity, improving victim-friendly integrated services, and legal education and socialization to increase awareness and protection of children and women as victims of sexual crimes. A multi-disciplinary and collaborative approach is considered crucial to overcome problems in the current legal protection.
The Legal Protection for Workers Who Exceed the Overtime Limit Based on the Labor Law Pohan, Masitah
International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i2.32462

Abstract

This research is based on legal problems against workers who work overtime, which is not in accordance with labor laws and regulations. The problems raised in this study are how legal protection for workers who work over the overtime limit based on labor law and obstacles in the implementation of legal protection for workers who exceed the overtime limit based on labor law. The purpose of this study is to determine the legal protection of workers who work overtime based on labor law and obstacles in the implementation of legal protection for workers who exceed overtime working time limits. This research uses descriptive analytical research methods, the approach used is normative juridical. The approach method used in this research is the statute approach. The implementation of legal protection for workers who exceed the working time limit has not been fully implemented based on Article78 letter b, namely overtime working time which can only be done at a maximum of 3 hours in 1 day and 14 hours in 1 week. The inhibiting factors are the lack of maximum worker performance in carrying out a job and the lack of labor owned by the company.
Analisis Hukum terhadap Pertanggungjawaban Pidana Pelaku Penggelapan Pajak Pertambangan Sukma, Intan Selvian; Pohan, Masitah
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.2163

Abstract

In the world of mining, the reality is often inseparable from the challenge of tax evasion. This practice can harm a country's economy, hinder development, and create inequality in wealth distribution. The purpose of this study is to determine the definition and elements of the criminal act of tax evasion in the context of mining, how criminal responsibility is imposed on the perpetrators of mining tax evasion based on applicable laws and regulations, and the impact of mining tax evasion on the country's economy and society. The method used in this research is to use normative legal research methods, especially library legal research. This research is based on the use of library materials as the main source of information. The results of this study found that tax evasion in the context of mining refers to deliberate actions to avoid or reduce tax payments that should be paid to the state, in violation of tax laws. In Law Number 28 Year 2007, the criminal offense of tax evasion, mainly described in chapter VIII article 38 to article 43, details the handling steps and sanctions for perpetrators. If someone is involved in tax evasion, the handling will refer to the provisions of the tax law, especially article 38. Tax evasion in the mining sector can have serious impacts on the country's economy and society. The impacts include a reduction in state revenue, inhibition of infrastructure development, socio-economic inequality, a potential decrease in investment, an increase in the tax burden for the compliant, a decrease in public trust, environmental impacts, and potential difficulties in law enforcement.