Ayu, Riana Kesuma
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PUNISHMENT FOR INDIVIDUALS COMMITTING SEXUAL CRIMES AGAINST CHILDREN: A COMPARATIVE ANALYSIS OF POSITIVE AND TRADITIONAL CRIMINAL LAW IN INDONESIA Wahyuni, Fitri; Irawan, Aris; Ayu, Riana Kesuma
Kanun Jurnal Ilmu Hukum Vol 26, No 1: April 2024: Islam and Human Rights: National and Global Perspective
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v26i1.20906

Abstract

The current punishment for sexual crimes against children, limited to imprisonment, is deemed ineffective in deterring perpetrators. This article delves into this issue through the lens of positive and customary criminal law. Employing a doctrinal method and drawing from various legal sources, the article reveals that the existing punishment under the Indonesian Criminal Code and Child Protection Laws fails to significantly reduce the incidence of such crimes. As a potential solution, traditional law could serve as supplementary punishment, involving corporal punishment or fines payable to the state treasury. This suggests that customary law could complement judicial sanctions. However, the implementation of such additional measures warrants evaluation to address other environmental factors that may contribute to these crimes.
Analisa Hukum Terhadap Sistem Teknologi Global Positioning System (GPS) dalam Hak Atas Tanah Maulidun Imam Akbar; Muhjad, Hadin; Ayu, Riana Kesuma
Indragiri Law Review Vol. 2 No. 1 (2024): Indragiri Law Review
Publisher : Program Studi Pascasarjana Magister Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/ilr.v2i1.23

Abstract

Regulations regarding the GPS technology system in measuring and mapping land as a result of factual verification can cause corrections to the physical data and legal data in the certificate. Regarding this incident, if legal protection is based, the guideline is the certificate. The certificate as a BPN product refers to Article 19 UUPA jo. Article 32 paragraph (2) of the PP on Land Registration is valid evidence, except through cancellation by the BPN or annulment of the PTUN decision. In this case, the principle of Lex Superior Derogat Legi Inferiori applies, namely that higher regulations override lower regulations. If based on legal certainty, the results of factual mapping with GPS are the most valid physical and juridical land data and can be legally accounted for. The validity of the physical data and juridical data from this factual verification can be used as a basis for determination by BPN. This means that the principle of Lex Specialis Derogat Legi Generali applies, namely specific regulations override general regulations.