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ANALISIS TINJAUAN TERHADAP TINDAK PIDANA ABORSI BERDASARKAN UNDANG-UNDANG NO 36 TAHUN 2009 KESEHATAN Iswandi, Erik; Guntara, Deny; Abas, Muhamad
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1074

Abstract

Abortion is an act that violates the law because it tries to abort a pregnancy or abort it with various problems and reasons. The reasons for someone having an abortion can be in the form of medical reasons that require an abortion, economic reasons that are not sufficient for the family's needs, social reasons and so on. In (Decision Study Number 333/Pid.Sus/2021/PN Bks), a woman has an abortion on the grounds that if she doesn't have an abortion then she will lose her job while she is the backbone of the family because her husband doesn't work. The purpose of this study is to legally analyze the decision Number 333/Pid.Sus/2021/PN Bks. The research method used is normative juridical with library study data collection methods. The results of this study indicate that the act of abortion is a criminal act regulated in the Health Law and the Criminal Code with several exceptions. The judge decides the case by considering the evidence and facts at trial. The judge in deciding this case was in accordance with the regulations so that the judge's indictment was fair and did not harm the defendant.
PENYELESAIAN SENGKETA KONSUMEN DAN KEPASTIAN HUKUM PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN Irawan, Surya; Guntara, Deny; Abas, Muhamad
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1081

Abstract

The abstract here is a representation (not a summary) of the background, objectives, methods and conclusions. Abstract in English written in one paragraph consisting of 150- 200 words, using Times New Roman, font size 11, one space. Abstract serves to briefly present the contents of the journal. The position of consumers in general is still weak in the fields of economy, education and bargaining power, therefore it is very necessary to have laws that protect consumer interests. To be able to provide guarantees for the implementation of consumer protection, the government pours consumer protection into a legal product. This is important because only the law has the power to compel business actors to obey it, and also the law has strict sanctions. This research was conducted at the Consumer Dispute Settlement Agency domiciled in Karawang Regency using normative juridical types and approaches. The author reviews the legal literature on consumer dispute resolution and legal certainty over the Karawang Regency Consumer Dispute Settlement decision which is then collected and classified with detailed, systematic and directed records regarding documents/literature. Furthermore, the author conducts a descriptive data analysis, so that a comprehensive picture of the problems surrounding consumer dispute resolution and legal certainty is obtained for the Karawang Regency Consumer Dispute Settlement decision. The results of the research that the author conducted suggest that consumer settlement in accordance with Law No. 8 of 1999 concerning Consumer Protection can be pursued by 3 (three) methods / methods, namely, conciliation, mediation and arbitration on the basis of the choice and agreement of the parties to the dispute. The form of award by the method of conciliation and mediation shall be final and binding, without having to be asked for fiat execution to the local District Court, while the form of award taken by the method of arbitration must be requested by fiat execution to the local District Court so that the arbitral award has executory force.
Penerapan Sanksi Tambahan terhadap Pengguna Knalpot Non-Standar dalam Undang-Undang Lalu Lintas Abdul Majid, Luky; Guntara, Deny; Abas, Muhamad
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 8 No 2 (2023): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v8i2.6449

Abstract

This study analyzes the implementation of additional sanctions for users of non-standard mufflers in accordance with Law Number 22 of 2009 concerning Traffic and Road Transportation. The use of noisy racing mufflers is considered a criminal offense, but the existing sanctions are deemed ineffective. The research adopts a normative juridical approach with a legislative perspective. The findings reveal that additional sanctions that can be imposed on users of noisy mufflers include bringing the muffler closer to the user's ears or engaging in specific sports activities. Factors influencing the effectiveness of law enforcement encompass regulations, law enforcement agencies, infrastructure, society, and culture.
Pandangan Yuridis Terhadap Perdagangan Barang Bekas yang di Hubungkan dengan Peratuan Perlindungan Konsumen Mahmudi, Afrizal; Guntara, Deny; Abas, Muhamad
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1858

Abstract

This study reviews the legal perspective on the sale of second-hand goods in thrift markets in the city of Bandung, based on Law No. 7 of 2014 concernings Trades and Law No. 8 of 1999 concerning Consumers Protection. A combined empirical and normative juridical approach is used with diverse data. The focus of the research is on consumer protection in purchasing second-hand clothing and the responsibilitys of businesses for the products they sell. According to Law No. 8 of 1999 on Consumer Protection, the government is responsible for supervision and guidance to protect consumers, while businesses are responsible for ensuring the safety and quality of the products offered. This research faces data limitations but provides valuable contributions to understanding the trade of second-hand goods and lays the groundwork for further policy discussions. Future research could focus on implementing laws in the trade of second-hand goods in various regions, both in thrift and online markets, for a deeper understanding of their application. This study holds significant originality in enriching understanding of the law, second-hand trade, and consumer protection, and contributes positively to the development of a fair and sustainable society.
Imlementasi Peningkatan Status Kesepakatan Damai Menjadi Acta Van Dading Berdasarkan Perma Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan Ramdhani, Alvian; Guntara, Deny; Muhamad Abas
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2065

Abstract

At present, in the application of applicable law in Indonesia there are known two Currently, there are two types of dispute resolution procedures under Indonesian law, namely judicial and non-judicial. ADR is an application of the dispute resolution process that already exists in Indonesian society. Currently, the Arbitration and Alternative Dispute Resolution Law No. 30 of 1999 applies to how to implement the Van Dading Settlement Amendment Law based on Supreme Court Decision No. 1 of 2016, which regulates the mediation process in court and its obstacles. raises the status of Acta Van Dading. Judgment No. 1 of 2016 in arbitration court. The research method used by the author is a qualitative research method with the methods of normative legal science. The result of the research work is the implementation of Acta Van Dading based on the mediation order of the Supreme Court No. 1 2016 to raise the status of peace agreements, that is, based on an order regulating mediation as a means of peaceful. dispute resolution. Article 13 The court notes that each mediator must have a mediator's certificate issued by the Supreme Court or the Supreme Court Accredited Practitioner Status Agreement (Acta Van Dading) based on Supreme Court Order No. 1/2016, which deals with mediation proceedings in court: a) Disagreement between the parties: b) Finding of common cause: c) Absence or time limit: d) Complexity of the dispute: e) Mistrust of the mediation: f) Non fulfilment of the agreement)
Legal Challenges in the Implementation of Agrarian Reform in Dayeuhluhur Village, Tempuran District, Karawang Regency Guntara, Deny; Wahyudi, Rikes; Gunawan, Endang Ano; Rahman, M. Rafly Dwi; Dewi, Cindy Aulia; Putri, Shilva Alya; Putra, Daffa Fauzan Hanif Angkoso
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.208

Abstract

Agrarian reform is an effort to change the structure of control, ownership, use, and utilization of land to achieve social justice and community welfare. However, the implementation of agrarian reform often faces various obstacles, whether technical, social, political, or legal. In Dayeuhluhur Village, legal factors are one of the main obstacles in the implementation of agrarian reform. This research aims to understand how the land administration system is implemented in Dayeuhluhur Village, Tempuran Subdistrict, Karawang Regency, West Java Province. The method used is empirical juridical, which includes interviews and direct observations in Dayeuhluhur Village, as well as data analysis from literature as supporting material. The collected data is then analyzed qualitatively to explain the findings obtained from observations and data recorded in the journal. Data were collected through primary data sources, such as interviews and observations, as well as secondary data sources, such as documents. The results of this study show that the legal challenges in the implementation of agrarian reform in Dayeuhluhur Village, Tempuran Subdistrict, Karawang Regency include unclear land legal status, complicated bureaucracy, inconsistency of regulations, weak law enforcement, and limited access to legal information and education. Overcoming these challenges requires joint efforts from the government, law enforcement officers, and active community participation to create a more just and sustainable agrarian system.
A Criminological Review of Acts of Violence Committed by Children in Connection with Social Learning Theory Naufal, Raden Hisyam Al; Guntara, Deny; Abas, Muhamad
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.209

Abstract

Acts of violence committed by children, especially in the context of fights between students, are a serious issue that requires in-depth understanding. Recently, the harmony of national and religious life has been disturbed due to clashes that have brought about problems regarding children. Protection of children is the responsibility of parents, families and the surrounding community. The protection given to children is to guarantee and protect children and their rights to be able to live, grow, develop and also be able to socialize in the surrounding environment. The problem is how the criminological review of violent crimes committed by children is connected to social learning theory and how to formulate countermeasures for violent crimes committed by children in Karawang Regency. The research method used in this writing uses a normative juridical approach. The results of this research are that Social Learning Theory is very relevant in reviewing acts of violence from a criminological perspective where in cases that often occur in Karawang Regency, namely brawls between students, apart from that social learning theory can provide relevant insight in understanding brawls between students. that occur in Karawang Regency include 1) Observation and Imitation 2) Environmental Influence 3) Reinforcement and Punishment 4) The role of Schools and Teachers and efforts to overcome acts of violence committed by children in Karawang Regency, namely preventive efforts and repressive actions carried out by the police.
Studi Kriminologi terhadap Kejahatan Prostitusi Online Melalui Aplikasi MiChat Ditinjau dari Perspektif Anomie Theory (Studi Kasus Aplikasi MiChat) Sakum, Sakum; Guntara, Deny; Abas, Muhamad
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1602

Abstract

Online prostitution is the practice of prostitution conducted through digital platforms, such as messaging apps or social media, where sexual services are offered and transactions are managed online. Michat is an instant messaging app that allows users to communicate via text, voice, and video. In addition to basic features like private and group chats, Michat also provides options for media sharing and finding new friends. However, this app is sometimes misused for illegal activities such as online prostitution. This study uses a qualitative method with a case study approach to explore how Michat serves as a medium for this crime and how social, economic conditions, and changes in societal values contribute to the phenomenon. The findings of this research suggest that Anomie Theory explains how social disorder and the decline of norms can contribute to the emergence of deviant behavior, including online prostitution. Additionally, the study provides in-depth insights into the causes of online prostitution and offers recommendations for more effective prevention and intervention measures by the government.
ANALISIS KEDUDUKAN WARIS ANAK ANGKAT YANG DIHUBUNGKAN DENGAN KITAB UNDANG-UNDANG HUKUM PERDATA Noviandi, Muhamad Topik; Guntara, Deny; Abbas, Muhamad
JUSTITIA : Jurnal Ilmu Hukum dan Humaniora Vol 8, No 1 (2025): JUSTITIA Jurnal Ilmu Hukum dan Humaniora
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/justitia.v8i1.161-170

Abstract

Pengangkatan Anak menyebutkan bahwa Pengangkatan anak suatu perbuatan hukum yang mengalihkan tanggung jawab ke dalam lingkungan keluarga orang tua angkat dan disahkan menurut hukum sebagai anak sendiri melalui Penetapan Pengadilan. Perolehan harta warisan terhadap anak angkat tidak diatur didalam KUHPerdata, yang berhak menjadi ahli waris hanya mereka yang ditunjuk atau diakui secara sah dalam hukum untuk menerima warisan dari seseorang yang meninggal. bagi mereka yang memiliki hubungan sedarah serta adanya ikatan perkawinan. Permasalahan : (1) Bagaimana Kedudukan hak waris anak angkat berdasarkan KUHPerdata? (2) Cara memperoleh warisan dari orang tua angkat berdasarkan wasiat? Berkaitan penelitian ini penulis menggunakan metode yuridis normatif, adapun hasil penelitian ini adalah, melihat kedudukan waris anak angkat berdasarkan KUHPerdata itu menjelaskan anak angkat tidak berhak mendapatkan warisan dari orang tua angkatnya, namun anak angkat berhak mendapatkan warisan jika ada penetapan atau pengakuan hukum yang memperbolehkannya. Anak angkat dapat mewarisi dengan melalui wasiat wajibah, anak angkat mewarisi hanya 1/3 harta warisan orang tua angkat tidak diperbolehkan lebih dari itu menurut undang-undang.
LEGAL ANALYSIS OF CHILD PROTECTION AGAINST CHILDREN AS PERPETRATORS OF SEXUAL VIOLENCE CRIMES IN INDONESIA Izdihar, Naufal; Guntara, Deny; Abas, Muhamad
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.6012

Abstract

As the times advance, cases of children as casualties of sexual viciousness are expanding day by day and very some children are included as culprits of sexual viciousness carried out like grown-ups, this has ended up a unused questioning that stresses numerous parties. This investigate points to discover out how the Child Security Law and the Adolescent Criminal Equity Framework are directed in cases of children as culprits of sexual viciousness and what components can trigger children to commit criminal acts of sexual savagery. This inquire about employments a sort of standardizing juridical inquire about strategy utilizing a few approaches, namely the statutory approach, the case approach additionally employing a comparative approach. The discoveries in this inquire about appear that the control of children as culprits of sexual savagery has not been completely controlled in statutory directions and there's a require for a survey of the age limits for children both within the Child Assurance Law and the Juvenile Criminal Equity Framework, seeing that there's a move in children's mentality at this time. . There are variables that impact children to gotten to be culprits of sexual savagery, specifically need of parental supervision, the impact of globalization, negligible devout instruction and natural variables. The conclusion in this case is that preoccupation can be endeavored in the event that the greatest criminal term is 7 a long time, but in cases of sexual viciousness it cannot be carried out, at that point detainment will be forced as a final resort.Keywords : Children; Sexual Violence; Legal Protection; Criminal Acts.