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KAJIAN YURIDIS TERHADAP ANAK SEBAGAI PELAKU PADA KASUS PERSETUBUHAN ANAK DI BAWAH UMUR (STUDI PUTUSAN: Nomor 2/PID.SUS-ANAK/2021/PN PRN) Simanjuntak, Immanuel; Zega, Angelica Florencia C.; Tambunan, Daniel Gidion; Aisyah, Aisyah; Agus, Azwir
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 5 No 2 (2023): EDISI BULAN MEI
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v5i2.3500

Diversi ialah proses dengan tahap penyelesaian perkara dari proses peradilan.ke..proses informal atau di luar proses peradilan, yang berarti sebagai salah satu dari bentuk upaya perdamaian korban dengan anak pelaku di luar dari berjalannya upaya hukum....Apabila proses diversi tidak tercapai, maka proses hukum akan ditempuh. Penelitian ini agar mengetahui dan memahami kajian yuridis dimana anak berperan sebagai pelaku pada perbuatan persetubuhan anak di bawah umur, menurut Sistem Peradilan Anak di Indonesia. Digunakan metode penelitian normative dengan pendekatan kualitatif untuk analisis data dalam melakukan penelitian ini. Persetubuhan sendiri adalah bagian dari Kejahatan terhadap Kesusilaan yang dapat dilihat tertulis dalam bab XIV KUHP. Pada Pasal 287 ayat 1 dalam diatur perihal persetubuhan terhadap wanita yang tidak terikat perkawinan dengan usia belum menginjaki angka 15 tahun, dapat diancam dengan sanksi badan hingga 9 tahun lamanya, namun pada kajian yuridis dengan pelaku anak, pidana penjara ialah ultimum remedium. Adapun pertimbangan hakim dalam amar putusan telah menimbang berdasarkan kesaksian dari korban, pelaku, orang tua, serta laporan Pembimbing Kemasyarakatan, dalam menetapkan sanksi.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PEREMPUAN YANG MELAKUKAN ABORSI DI KOTA NOPAN SETIA Simanjuntak, Immanuel; Silalahi, Riandy Micael; Ginting, Cindy Br; Surbakti, Suryandi Pratama; Aritonang, Zico Ricardo
The Juris Vol. 8 No. 1 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i1.1159

The rapid and massive development of technology has had an impact on society in Indonesia, both positive and negative, one of whom was affected by the progress of this era was a woman from Nopan Setia City. Developments in society in Indonesia, especially in NopanSetia City, in this case are heavily influenced by promiscuity and a lack of awareness of the dangers of free sex, which results in unwanted pregnancies that lead to abortion. This type of research is normative juridical and is closely related to other legal sources, namely reviewing library documents from secondary data, especially research journals, dissertations and other research. That basically the problem of abortion (abortion) which is categorized as a crime or criminal act is already in the Criminal Code, but based on various factors and certain reasons, one of which is safety reasons and related to human rights issues and the protection of children who are victims of abortion, so that become extensive regulations regarding the criminal act of abortion as regulated in Law Number 36 of 2009 concerning Health. Looking at the judge's considerations in the object of this research, namely one of the women from NopanSetia City, there was an element of deliberate intent committed by Sri HanniPatimah in carrying out an abortion (abortion) by referring to Article 341 of the Criminal Code, by looking at the elements of the existing criminal act and From the existing trial facts it can be concluded that the criminal act existed and was carried out intentionally.

KAJIAN HUKUM TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DARI ASPEK KRIMINOLOGI Sianturi, Benny Eliezer; Simanjuntak, Immanuel; Saragih, Wira Natanael; Aritonang, Zico Ricardo
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1309

Criminal law regulates patterns of human behavior and/or legal entities, in this case in the writing, namely the legal study of perpetrators of narcotics crimes from a criminological aspect. In this study, the author applies a research method that tends to be normative juridical, which is seen not only from the regulatory aspect but also from the study of decisions. Thus, it can provide benefits to the relationship between perpetrators of narcotics crimes and criminology. That in this case the author explains what causes perpetrators to commit narcotics crimes from a criminological aspect (study of decision 1248/pid.sus/2023/PN/Mdn), the author also explains how the role of law enforcement against perpetrators of narcotics crimes from a criminological aspect of the Decision study: 1248/pid.sus/2023/PN/Mdn. Thus, it can be concluded that the causes of perpetrators of narcotics crimes when viewed from a criminological perspective, the cause of the occurrence is mostly due to environmental or community factors, family, personality, and even economic factors. And if seen from the role of law enforcement against perpetrators of narcotics crimes from the criminology aspect, it has actually been running well, but in this case, optimal cooperation is needed in order to reduce narcotics crimes. So that it is not only the role of law enforcement but also all levels of elements, both society, to eradicate narcotics.

ASPEK PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL (HKI) : FUNGSI SENTRA HKI DALAM PENGEMBANGAN HKI DI PERGURUAN TINGGI Keliat, Venia Utami; Simanjuntak, Immanuel; Tarigan Sibero, Chandra Lahirisa Putra
Ilmu Hukum Prima (IHP) Vol. 5 No. 2 (2022): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v5i2.2924

The implementation of the Intellectual Property Rights (IPR) system qualitatively and quantitatively in Indonesia can be said to be still not running properly, especially in the university environment while universities are institutions that produce a lot of Intellectual Property. The low knowledge of the academic community about the Definition of IPR and the Legal Basis for IPR Protection is the main problem in this journal. This journal explains the understanding, types, and legal basis of IPR as a whole and the function of the IPR Center in the development of IPR in the Higher Education environment. The method used in this research is normative legal research, the data used in this research is secondary data and the data collection technique in this research is through library research. Keywords : Intellectual Property Rights (IPR), University, Legal Protection

JUDICIAL REVIEW OF PERPETRATORS REGARDING CRIMES OF VIOLENCE IN THE FAMILY Simanjuntak, Immanuel; Sari Br Malau, Eka Agustina; Lase, Severtianus; Sagala, Christian Raja Adi Negara; Agus , Azwir
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.1010

Domestic Violence (KDRT) is a problem related to violence that often occurs in households and enters into issues regarding Human Rights (HAM). know the form of criminal responsibility towards the perpetrators of cases of criminal acts of violence in the family, as well as the views of judges on this matter. The normative research method with a qualitative approach is used in this study. Criminal responsibility for the perpetrators of the decision Number 2138/Pid,sus/2019/PN.Mdn that the perpetrators based on the crime that the perpetrators committed violated Article 44 paragraph 1 (one) of Law No.23 of 2004 concerning the Elimination of Domestic Violence, where in this case the perpetrator is asked for criminal responsibility as a legal subject.

The Status of Land Ownership Due To Marriage Between Indonesian Citizens And Foreign Citizens Is Reviewed According To Agrarian Law In Indonesia Agustina, Yanti; zulkifli, Suhaila; Simanjuntak, Immanuel
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2722

Marriage that occurs between Indonesian citizens and foreigners has consequences for joint property, especially for land ownership which is joint property in marriage. For marriages that are carried out without making an agreement on the separation of property, the land becomes the joint ownership of the husband and wife. This means that both of them who are bound by marriage become the owners of the land. According to the provisions of agrarian law, foreigners are not allowed to own land in Indonesia, so the presence of foreigners who participate as land owners causes problems with the ownership of land. Consequently in this case, it is necessary to conduct research on the status of land ownership due to marriage carried out by Indonesian citizens and foreigners reviewed according to agrarian law in Indonesia. The type of research used is normative juridically, namely analyzing laws to answer problems in research. As for the results of the research on the status of land ownership due to the marriage of Indonesian citizens and foreigners without a separation agreement on marital property, both must transfer or release the rights to the land for a maximum of 1 year because the land ownership requirements are no longer in accordance with the provisions of the law

The Status of Land Ownership Due To Marriage Between Indonesian Citizens And Foreign Citizens Is Reviewed According To Agrarian Law In Indonesia Agustina, Yanti; zulkifli, Suhaila; Simanjuntak, Immanuel
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2722

Marriage that occurs between Indonesian citizens and foreigners has consequences for joint property, especially for land ownership which is joint property in marriage. For marriages that are carried out without making an agreement on the separation of property, the land becomes the joint ownership of the husband and wife. This means that both of them who are bound by marriage become the owners of the land. According to the provisions of agrarian law, foreigners are not allowed to own land in Indonesia, so the presence of foreigners who participate as land owners causes problems with the ownership of land. Consequently in this case, it is necessary to conduct research on the status of land ownership due to marriage carried out by Indonesian citizens and foreigners reviewed according to agrarian law in Indonesia. The type of research used is normative juridically, namely analyzing laws to answer problems in research. As for the results of the research on the status of land ownership due to the marriage of Indonesian citizens and foreigners without a separation agreement on marital property, both must transfer or release the rights to the land for a maximum of 1 year because the land ownership requirements are no longer in accordance with the provisions of the law

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