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All Journal Journal of Midwifery and Nursing Bacarita Law Journal Al-battar: Jurnal Pamungkas Hukum
Samosir, Marlina
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Health Professions Law, Crime, Criminology & Criminal Justice Other

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Analysis of factors associated with adolescent sexual behavior Fitriani; Amir, Eka; Samosir, Marlina
Journal of Midwifery and Nursing Vol. 6 No. 1 (2024): January: Health Science
Publisher : Institute Of Computer Science (IOCS)

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Abstract

Adolescence is a time full of turmoil and during this period teenagers have great curiosity and begin to seek freedom. Adolescence is a period that is vulnerable to negative influences, such as free sex, drugs, crime and rape which can endanger them because they can contract venereal diseases, especially AIDS. Premarital sexual behavior in teenagers is a problem that often occurs and many teenagers have had sex. There are several factors related to premarital sexual behavior, such as mental health, knowledge, peers and information media. The aim of this research is to analyze factors related to premarital sexual behavior in adolescents. This research method uses analytical survey research, namely a survey or research that tries to explore how and why the phenomenon of adolescent sexual behavior occurs. Data was obtained through interviews using a questionnaire measuring tool. Data analysis was carried out using univariate and bivariate methods and testsChi-square. The results of this study indicate that respondents are at risk of engaging in premarital sexual behavior on mental healthP-value = 0.001, knowledgeP-value = 0.000, peersP-value = 0.000, and information mediaP-value = 0.001 so that the bivariate results obtained: Mental health, knowledge, peers and information media are related to free sexual behavior in adolescents. Based on the results of this research, it is hoped that there will be programs that can increase knowledge, such as counseling, dissemination of correct sexual information and parental supervision of adolescent children
Optimizing Asset Recovery in Corruption Cases: Evaluating Indonesia’s Legal Framework and the Need for Non-Conviction Based Forfeiture Samosir, Marlina; Loin, Raymundus; Farid, Diana; Hanafi, Hanira; Boumpa, Anna
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.463

Abstract

Corruption is categorized as an extraordinary crime that causes great losses to state finances, so it is not enough to overcome it only through corporate criminalization, but must also be oriented towards asset recovery. This study aims to analyze the effectiveness of the asset forfeiture mechanism in corruption crimes based on laws and regulations in Indonesia and identify the urgency of legal reform to increase the optimization of asset returns. This research uses a normative legal method with a statute approach and a conceptual approach. The data used is secondary data consisting of primary legal materials in the form of laws and regulations, such as the Criminal Code, Law Number 31 of 1999 jo. Law Number 20 of 2001, as well as Law Number 1 of 2023, and secondary legal materials in the form of scientific literature and legal doctrine. Data analysis was carried out qualitatively by examining the conformity of legal norms with the principle of effectiveness in recovering state losses. The results of the study show that the asset forfeiture mechanism in Indonesia's positive law is still dominated by the conviction based forfeiture model which depends on the main criminal verdict. This condition creates various limitations, such as a high burden of proof, a long process, and a legal loophole for perpetrators to hide or transfer assets resulting from corruption. As a result, the effectiveness of recovering state losses has not been optimal. Thus, legal reform is needed through strengthening asset forfeiture regulations, including the development of a non-conviction based asset forfeiture mechanism, in order to increase the effectiveness of asset recovery and strengthen efforts to eradicate corruption in Indonesia.
Disharmony of Regulations as a Normative Impact of the Enactment of the New Criminal Code Loin, Raymundus; Samosir, Marlina
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.24195

Abstract

The enactment of the new Criminal Code marks a major change in the Indonesian criminal law system. However, this reform must contend with various existing sectoral laws, thus creating the potential for regulatory disharmony due to differences in regulations and overlapping norms. This study aims to determine the occurrence of regulatory disharmony as a normative impact of the enactment of the new Criminal Code in relation to various existing sectoral laws in Indonesia and to determine the overlapping regulations and application of the principle of lex specialis derogat legi generali between the new Criminal Code and specific laws contributing to the emergence of regulatory disharmony in the national criminal law system. This study uses normative juridical legal research, where the data is sourced from secondary data. The research results indicate that regulatory disharmony as a normative impact of the enactment of the new Criminal Code occurs because a number of its criminal provisions are not fully aligned with existing sectoral laws. Differences in regulations, the scope of offenses, and the construction of sanctions give rise to overlapping norms and unclear application of the lex specialis principle, thus creating legal uncertainty in the practice of criminal law enforcement in Indonesia. The overlapping regulations between the new Criminal Code and special laws, coupled with the unclear application of the lex specialis derogat legi generali principle, are significant factors triggering regulatory disharmony. Uncertainty in determining which norms should be prioritized in dual-regulated offenses leads to differences in interpretation among law enforcement, opens up room for inconsistent decisions, and disrupts legal certainty in the national criminal law system.
Co-Authors Amir, Eka Boumpa, Anna Farid, Diana Fitriani Hanafi, Hanira Loin, Raymundus