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Analisis Mengenai Pengaturan Sanksi terhadap Pelanggaran Pencatatan Perkawinan di Indonesia Nofitasari, Solehati
WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i1.1553

Marriage registration as regulated in Article 2 paragraph (2) of the Marriage Law, although it has been socialized for quite a long time, it turns out that until now there are still perceived obstacles. The pros and cons became even more pointed, when one of the articles in the bill that became controversial was the punishment imposed on the perpetrators of unregistered marriages. The method in this study uses a normative legal research method, with a statutory approach. Regulations applied by the State of Indonesia have regulated the application of sanctions for violations of marriage registration in their respective countries, but with some important notes; First, when it comes to regulations and also in terms of material content: Regulations in Indonesia are contained in Government Regulation (PP) No. 9 of 1975 Article 45 paragraph (2) letter b. Second, based on the history of the establishment of the regulation on Family Law, which includes sanctions for violating marriage registration: Regulations in Indonesia have regulated marriage since 1946, namely in Law 22 of 1946 concerning the Registration of Marriage, Marriage, Divorce and Reconciliation.

Analisis Hukuman Kebiri Kimia dan Pemasangan Alat Pendeteksi Elektronik Bagi Pelaku Kekerasan Seksual Terhadap Anak Firmansyah, Muhammad; suphia, suphia; Nofitasari, Solehati
WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v1i2.1670

Chemical castration and installation of electronic detectors are additional punishments for perpetrators of sexual crimes against children. The problem in this research is how the procedures and installation of electronic detection devices for perpetrators of sexual violence against children are based on Government Regulation number 70 of 2020 concerning Procedures for the Implementation of Chemical Castration, Installation of Electronic Detection Devices, rehabilitation, and Announcement of the Identity of the perpetrators of Sexual Violence against Children and what the impact that will be felt by perpetrators of sexual violence against children after receiving additional punishment in the form of chemical castration. The method used is a normative legal research method. The conclusion of this study is that the procedures for implementing chemical castration and the installation of electronic detection devices are in accordance with applicable government regulations and procedures, although there are still many bad impacts that will be experienced by perpetrators of sexual violence against children, on the other hand the government has implemented appropriate punishments and has thought about consequences and of course providing rehabilitation, all for the common good and efforts to reduce the level of sexual violence that occurs and is experienced by children.

Penyelesaian Kasus Kekerasan dalam Rumah Tangga di Desa Andongsari Kecamatan Ambulu Kabupaten Jember ., Suphia; Kurniasari, Dwi Fefri; Nofitasari, Solehati; Alkahfi Setiawan, Sidi
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2077

Violence that occurs in the household is a form of physical and emotional abuse which is a way of controlling spouses in household life, so that human values that should be manifested in the family become blurred. This study aims to determine what factors cause cases of domestic violence and how to resolve cases of domestic violence inAndongsari Village, Ambulu District, Jember Regency. In general, the factors that cause domestic violence include economic factors, infidelity factors, socio-cultural factors and the number of children. The factor that caused the occurrence of domestic Violence that occurs in the household is a form of physical and emotional abuse which is a way of controlling spouses in household life, so that human values that should be manifested in the family become blurred. This study aims to determine what factors cause cases of domestic violence and how to resolve cases of domestic violence in Andongsari Village, Ambulu District, Jember Regency. In general, the factors that cause domestic violence include economic factors, infidelity factors, socio-cultural factors and the number of children. The factor that caused the occurrence of domestic violence that occurred in Andongsari Village was triggered by economic problems. Problems related to economic fulfillment are a source of contention between husband and wife. Settlement of cases of domestic violence by asking for help from the closest family to resolve problems between them in deliberation. If these steps fail to resolve the problem, then the victim will report to the Head of the Rukun Tetangga (RT). The role of the village government in an effort to provide protection for survivors of cases of violence against women and children, the Andongsari Village government has formed the Griya Asih Nusa Implementation Team.

Tinjauan Tentang Perlindungan Hukum Terhadap Hak-Hak Anak Akibat Perceraian dengan Alasan Salah Satu Orang Tua Pindah Agama (Studi Kasus Putusan Nomor 3/Pdt.G/2019/PTA. PAL) Zainurrohman, Zainurrohman; Tri Budiman, Nanang; Nofitasari, Solehati
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2419

In the current era, inter-religious marriages are very common among people whose obstacles are none other than legal protection, division of inheritance, child custody and so on. As has been experienced by one married couple who resides in Parigi Regency, filed a divorce divorce case and fought for custody of their children in decision Number 3/Pdt G/2019/PTA PAL. The aim of this research is to find out how the law regulates children's rights as a result of divorce on the grounds that one of the parents has changed religions based on decision Number 3 /Rev. Pdt G/2019/PTA PAL is regulated in article 3 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Furthermore, it is also regulated in article 105 of the Compilation of Islamic Law, the right to custody of children who are not yet mumayyiz (not yet 12 years old) was explicitly given to his mother. However, the right to child maintenance according to article 105 KHI is not an imperative provision. however, it can be set aside and ignored based on the interests of the child, this is reinforced by Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection that parents have equal and equal rights as parents are to care for, care for and care for and protect the rights of children, the most important thing is wherever parents are to care for and care for children.

Upaya Hukum Dalam Pencegahan Aksi Lempar Batu Terhadap Pengguna Jalan Raya di Situbondo Fighur Firmansyah, Moh; Winiari Wahyuningtyas, Yuli; Nofitasari, Solehati; Supianto
WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i2.3334

The recent increase in violent acts is often seen in society,along with various problems related to law violations, from mild toserious. One of the problems is the stone throwing action thatoccurred in Situbondo from 2018 to 2024 there are several cases ofstone throwing in the Situbondo Regency area which have not beencompleted and often occur repeatedly. The Crime of Destruction ofGoods itself has been cited in Article 406 paragraph (1) of theCriminal Code. With 2 problem formulations, namely: 1. What arethe legal remedies of victims of the crime of throwing stones againstmotorists on the Situbondo highway?, What is the legal threat tothe perpetrators of throwing stones against motorists on theSitubondo highway? The research method uses an empiricaljuridical approach, the data used are secondary data and primarydata. The study was carried out by literature studies and fieldstudies. The resource persons in this study are from the SitubondoPolice Gakkum Office. Based on the formulation of the problem andthe discussion in this study, the conclusion of this study is, Legalefforts to protect victims of crime as parties seeking justice, thenthey have the right to legal protection and redress as stated in LawNumber 8 of 1981 concerning the Criminal Procedure Code whichincludes the Road to obtain justice and obtain justice, entitled torestitution, compensation.

Perlindungan Hukum Bagi Perempuan Yang Melakukan Pengguguran Kandungan (Aborsi) Sevia, Melina Dwi; Nofitasari, Solehati; Wahyuningtyas, Yuli Winiari; Manab, Abdul
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.3338

The crime of rape is a sexual crime that can be committed by force between the perpetrator and the victim which can cause the victim to suffer physical, mental, and psychological disorders. The type of rape crime tends to be sexual so that it is familiar in society as it is carried out following developments in the era in Indonesia where cases of rape are increasing over time. Abortion itself is regulated in Law Number 17 of 2023 concerning Health that abortion is permitted with the provisions that have been regulated. Abortion is a controversial issue, and strict supervision and clear regulations are needed. Legal protection is very important to provide human rights, especially reproductive health services. Efforts to protect the newspaper are regulated in Government Regulation Number 35 of 2020 concerning compensation, restitution and assistance to Witnesses and Victims, providing a form of protection for rape victims can be realized in the form of restitution and compensation, medical services and legal assistance. This law also ensures that victims have fair and fast access to abortion services, while preventing possible misuse of these provisions.

Perlindungan Hukum Bagi Korban Silent Treatment Sebagai Bentuk Kekerasan Psikis Dalam Rumah Tangga Rahmawati , Faizatur; Nofitasari, Solehati; Manab, Abd.; Wahyuningtyas, Yuli Winiari; A. Razaq , Moh. Khalilullah
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.4737

This study aims to analyze in depth whether silent treatment can be categorized as a form of psychological abuse as defined in the PKDRT Law, as well as to examine the forms of legal protection available and that can be provided to victims of silent treatment in the context of domestic violence cases. This study uses a normative juridical method that combines a legislative approach and a conceptual approach as the basis for analysis. The results of this study clearly show that silent treatment fulfills the elements of psychological violence because this behavior can cause deep feelings of fear, erode self-confidence, and cause significant mental suffering to the victim. From a legal protection perspective, victims of silent treatment are entitled to adequate health services, psychological and social assistance, and a process of mental recovery. In addition, perpetrators of silent treatment can be subject to criminal sanctions as an effort to enforce the law and protect victims of psychological violence.

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