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Analysis of Considerations of Mitigating and Aggravating Circumstances in Corruption Crime Cases (Case Study Decision Number 942 K/Pid.Sus/2022) Ferdinan Januari; Bambang Waluyo
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.505

Abstract

This article is entitled Analysis of Considerations of Mitigating and Aggravating Circumstances in Corruption Crime Cases (Case Study of Decision Number 942 K/Pid.Sus/2022).  This article aims to analyze the application of mitigating and aggravating circumstances in corruption cases as well as finding the influence of these on Decision Number 942K/Pid.Sus/2022.  Using normative juridical methods with a statutory approach, conceptual approach and case approach.  The results of this study show that there are problems regarding the application of mitigating and aggravating circumstances due to differences in the interpretations and views of each judge.  Apart from that, the influence shown by the incompatibility of the application of mitigating and aggravating circumstances can have an impact on not achieving the objectives of the sentence, including retaliation and a deterrent effect on the defendant as found in the corruption case Decision Number 942K/Pid.Sus/2022.
Fenomena Main Hakim Sendiri dan Dampaknya terhadap Keamanan yang Berujung Pidana: (Sosialisasi Pengabdian Masyarakat di Kelurahan Pangkalan Jati) Handoyo Prasetyo; Bambang Waluyo; Subakdi Subakdi; Edward Benedictus Roring
Kolaborasi : Jurnal Hasil Kegiatan Kolaborasi Pengabdian Masyarakat Vol. 2 No. 3 (2024): September : Kolaborasi : Jurnal Hasil Kegiatan Kolaborasi Pengabdian Masyarakat
Publisher : Asosiasi Riset Ilmu Matematika dan Sains Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/kolaborasi.v2i3.241

Abstract

The phenomenon of "vigilante" is still a serious problem in various regions, including Pangkalan Jati Village. This extrajudicial action not only violates social norms, but also has the potential to threaten public order and security. This study aims to analyze the phenomenon of "vigilante" in Pangkalan Jati Village, as well as its impact on environmental security. The method used is a case study with a qualitative approach through in-depth interviews with community leaders, village officials, and victims/perpetrators of "vigilante" actions. The results of the study indicate that factors such as weak law enforcement, public distrust of the authorities, and lack of legal awareness are the main triggers for these actions. The impacts include increasing rates of violence, social divisions, and security instability. As an effort to overcome this problem, legal socialization has been carried out to the community as part of community service activities. This socialization is expected to increase public legal awareness, strengthen trust in the authorities, and encourage the community to resolve problems legally. This study concludes that legal socialization is an important step in preventing "vigilante" actions and creating a safe and conducive environment.
The Urgency of Law Enforcement Relating to Criminal Acts of Sexual Violence in Public Transportation Mode Lintang Ayu Saraswati; Bambang Waluyo
Journal of Law, Politic and Humanities Vol. 5 No. 2 (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.v5i2.1028

Abstract

The objective of this paper is to inspect the lawful prosecution of sexual assault in public tr?nsport?tion and the application of the Sexual Violence Offenses Act to prosecute sexual assault in public tr?nsport?tion. The form of research is executed using normative juridical by applying the method of statutory and legal conceptual approach. The result reveals the enforcement of sexual assault law in the public transportation could be implemented by using the Criminal Code and the Sexual Violence Offenses Act. Nevertheless, the Sexual Violence Offenses Act will be able provide legal protection and eliminate the feeling of inequality experienced by victims of sexual assault inside the public transportation mode.
Inadequacy of Legal Protection against the Economic Exploitation of Children in Indonesia Annisa Shiva Safira; Bambang Waluyo
Lambung Mangkurat Law Journal Vol. 11 No. 1 (2026): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v11i1.278

Abstract

Despite being regulated under Law No. 35 of 2014 on Child Protection, child labour remains a serious problem in Indonesia. Data from the Central Statistics Agency (BPS) indicate an increase in child labourers from 1.01 million in 2023 to 1.27 million in 2024, highlighting a persistent gap between legal norms and social realities. This study examines child labour through victimological and human rights perspectives, arguing that children are victims of structural exploitation legitimized by regulatory loopholes. Using a normative legal method with qualitative analysis, the research reviews national legislation, international legal instruments, and relevant court decisions. The findings reveal that structural poverty, weak institutional coordination, and the ambiguous regulation of “light work” under Article 69 of the Manpower Law constitute a legal loophole that normalizes child labour and obscures children’s victim status. Consequently, children are excluded from victim-centered remedies such as compensation and rehabilitation. The study concludes that effective protection requires concrete legal and policy reforms, including clarifying the scope of permissible work, strengthening inter-agency coordination, integrating UNCRC principles into labour regulation, and expanding family-based social protection to address the structural causes of child labour..