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Revitalisasi Perlindungan Anak Dan Perempuan Menuju Pembangunan Berkelanjutan (Sustainable Development Goals) Fransiska Novita Eleanora; Lusia Sulastri
Widya Yuridika Vol 3, No 2 (2020): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v3i2.1631

The purpose of this study is to determine the revitalization of protection for children and women towards sustainable development or what is known as the sustainable development Goals. The protection referred to here is the protection of the fulfillment of the rights of children and women which must receive attention because it is very vulnerable to all actions such as discrimination as well as violence which can lead to violations of the rights to the lives of children and women where the violation is a crime or an act. criminal. Protection towards sustainable development gives attention and focus to the lives of children and women in order to obtain fulfillment and protection of their rights, both of which the most important rights are related to education to right and teaching, to obtain health, as well as to get proper housing and not be treated. arbitrarily by anyone and entitled to justice and equality of rights. Problem formulation, namely how to revitalize the protection of men and women towards sustainable development. The research method used is juridical normative research, which is an approach based on the main legal materials based on existing concepts, theories, legal principles and legislation related to this research. The result is that sustainable development can be realized if there is cooperation and coordination between various parties including the community to always pay attention and care for the protection of children and women.

PENYULUHAN HUKUM OPTIMALISASI UPAYA PENCEGAHAN KENAKALAN DAN KRIMINALITAS ANAK Apriyanto; Lusia Sulastri; Dwi Atmoko
Abdi Bhara Vol. 2 No. 1 (2023): Abdi Bhara: Jurnal Pengabdian Kepada Masyarakat
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/dqwq9d40

The community service carried out with the themeOptimizing Efforts to Prevent Delinquency and Crime ofChildren which was carried out at SMK Bina Karya MandiriBekasi, West Java which was aimed at students who were stillteenagers aimed to provide an understanding of juveniledelinquency and criminality that may be committed by teenagers,this is related by preventing this from happening. The methodused in this counseling is by way of lectures and discussions andthen ends with a question and answer. The results obtained fromthis community service are that students and teachers are moresensitive to legal issues, especially those related to juveniledelinquency today. In addition, it is hoped that with thiscommunity service, parents, especially those with teenagechildren, will pay more attention to and supervise activities thatare considered deviant. Because adolescence is a transitionalperiod between children and adults, at this time there is alsodoubt about the role to be played. A teenager is no longer a childand also not an adult. Teenagers begin to try to act and behavelike adults, for example smoking, drinking, using drugs, andengaging in sexual acts. This action is not in accordance with thenorms or rules that apply in society.

Polemik Pencatatan Anak Dari Nikah Siri Agus Manurung; Lusia Sulastri
Jurnal Hukum Sasana Vol. 7 No. 2 (2021): Jurnal Hukum Sasana: December 2021
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v7i2.1240

The current unregistered married couple can have a new KK provided that the data for the Statement of Absolute Responsibility (SPTJM) form refers to Permendagri No. 9/2016 concerning the Acceleration of Increasing the Coverage of Birth Certificate Ownership. The SPTJM document itself consists of two things. First, the SPTJM of the Truth of Birth Data made by biological parents/guardians/applicants with full responsibility for the correctness of a person's birth data with the knowledge of two witnesses. Second, the SPTJM Truth as a Married Couple made by the biological parents/guardians/applicants with full responsibility for the status of a person's marital relationship with the knowledge of two witnesses. The registration of children from unregistered marriages through a Statement of Absolute Responsibility (SPTJM) refers to Permendagri No. 9/2016 concerning the Acceleration of Increasing the Coverage of Birth Certificate Ownership still causes legal problems, non-fulfillment of marriage certificates/marriage certificate quotations and family relationship status in KK that do not show marital relationship status as husband and wife, then the data recorded in the child's birth certificate quote is only only his mother's name. Not at the same time include the name of the father as in a legal marriage. So that the child still needs to prove who the father is if needed in the future. Apart from that, there will be many obstacles in the effort to prove because the existence of a new KK through the SPTJM document has weak evidentiary power because it is limited to one-sided acknowledgment of the signatories. As well as other obstacles deliberately caused by the litigants. The position of Siri's own wife is very vulnerable to legal protection as well. In the absence of legal status as a legal wife, there has not been a reciprocal legal relationship of rights and obligations as a married couple. The fulfillment of the rights and obligations of each cannot use the basis of the demands for fulfillment of the law but is only limited to the stages of good faith by each party.

Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Pemerkosaan Er Tanjung; Lusia Sulastri; Rabiah Al Adawiah
Jurnal Hukum Sasana Vol. 9 No. 1 (2023): Jurnal Hukum Sasana: June 2023
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v9i1.1359

The worrying crime of rape is a crime where the victim is still a minor. The perpetrators must be severely punished because they have damaged the future of the child and can even cause psychological harm to the child's development. Children who experience the crime of sexual intercourse can experience deep trauma as well as psychological and physical disorders because in essence the child must be protected. The research objectives to be achieved are to determine the legal protection efforts for children who are victims of criminal acts of rape and to determine the criminal responsibility of perpetrators of raping against minors. This study uses normative research because this research describes the existing problems to be further discussed with a study of applicable legal theories. The results of this study indicate that legal protection efforts against children who are victims of criminal acts of rape are still lacking. The protection carried out is only limited to giving appropriate punishments to the perpetrators, even according to the author the punishments given are not commensurate with the perpetrators, while children as victims who suffer both material and immaterial losses have not received attention at all.

Keabsahan Penuntutan Bebas Dalam Kasus Valencya Lusia Sulastri
KRTHA BHAYANGKARA Vol. 15 No. 2 (2021): KRTHA BHAYANGKARA: DECEMBER 2021
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v15i2.1126

Dropping charges is a new landmark for Indonesian law. This practice indeed has not been regulated in the Criminal Procedure Code, since it is the court’s role to decide whether someone is guilty or not guilty, moreover the Prosecutor's Office is the one initially pursuing charges for Valencya with Article 45 verse (1) in conjunction with Article 5 letter B of Law No. 23 of 2004 on The Elimination of Domestic Violence, but then decided to do the opposite. Therefore, this practice is an interesting to study. This study indicates that the existence of an acquittal had shown that the prosecutor's dominus litis in carrying out prosecution. The attorney general has a valid legal basis, namely Article 35 letter c of Law Number 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia through the implementation of th principle of opportunity to a case. Thus, the acquittal of Valencya is valid despite it being unusual. The acquittal of Valencya rises a discovery and legal reform, to prosecutor's dominus litis in carrying out prosecutions not only to delegate criminal cases to the District Court in terms of and according to the method regulated by law, but also prosecuting for acquittal, meaning that the Public Prosecutor is given the right to use a sense of crisis in determining a criminal case and the Public Prosecutor may demand the release of a defendant for justice based on progressive law.

Analisis Kewenangan Penyidikan Dalam Pelanggaran Wilayah Udara Indonesia (Tinjauan Peran Penyidik PNS dari Kementerian Perhubungan dan TNI AU) Lusia Sulastri
KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v16i2.1212

This study aims to examine the investigation and the role of civil servant investigators from the Ministry of Transportation and the Indonesian Air Force in conducting normative investigations of violations of Indonesian airspace. The results of the study show that investigations into violations of Indonesian territory cannot be interpreted as the attributive authority of PPNS of the Ministry of Transportation. Based on the grammatical and authentic Article 399 of Law no. 1 of 2009 concerning Aviation clearly does not rule out the possibility of the Indonesian Air Force being an investigator, it's just that whether the Indonesian Air Force already has PPNS, the main indicator of the operation of law enforcement in airspace violations. Article 10 of Law Number 34 of 2004 concerning the TNI and Article 399 of Law No. 1 of 2009 concerning Aviation, the Indonesian Air Force allows inspection of airspace violations, as long as they have PPNS. The role of the Indonesian Air Force in tackling violations of Indonesian airspace as investigators carries out active air defense operations, including detection, and prosecution in the form of shadowing, dispelling (intervention), forced landing (force down) and preparation (destruction). The role of PPNS from the Ministry of Transportation is as an investigator in violations of Indonesian Airspace. However, all cases never reach the judicial process, only issuing diplomatic complaints to the violator's country of origin.

Penerapan Asas Ultimum Remedium dalam Pemidanaan Tindak Pidana Pencucian Uang Adhalia Septia Saputri; Lusia Sulastri
Journal of Mandalika Literature Vol. 6 No. 1 (2025)
Publisher : Institut Penelitian dan Pengembangan Mandalika (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jml.v6i1.3557

The principle of ultimum remedium is a principle in criminal law that places criminal sanctions as a last resort after other legal efforts are ineffective in enforcing the law. In the context of money laundering crimes, the application of this principle has an important role in maintaining a balance between effective law enforcement and the protection of human rights. This research aims to analyze the application of the ultimum remedium principle in the criminal offense of money laundering in Indonesia, as well as evaluate whether the criminal sanctions applied are in accordance with this principle. The research method used is a normative juridical approach with analysis of laws, regulations and court decisions related to money laundering crimes. The research results show that although the principle of ultimum remedium has been accommodated in criminal law theory in Indonesia, in practice there are often deviations in the imposition of criminal sanctions that are considered disproportionate. This research recommends strengthening the implementation of the ultimum remedium principle through clearer and more consistent legal policies, as well as increasing the capacity of law enforcement officials in applying it to money laundering cases.

PENEGAKAN HUKUM TERHADAP AKSI UNJUK RASA YANG MENIMBULKAN KERUSAKAN PADA FASILITAS UMUM Dioba Akdemart Sila Kharisudanya; Lusia Sulastri; Melanie Pita Lestari
JOURNAL OF LAW AND NATION Vol. 3 No. 1 (2024): FEBRUARI
Publisher : INTELIGENSIA MEDIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

In this study, the authors used a legal sociological approach, namely an approach that seeks to study law in a social context in order to understand the phenomenon of demonstrations that cause damage to public facilities in society. First, the author conducts legal studies in a social context related to individuals and society itself. Then the author conducts an analysis of the several sources of data obtained, namely, Primary Data is data that researchers obtain directly from news of demonstrations against the Job Creation Law which took place in anarchy, Secondary Data is data obtained from library research or literature studies. This studies provides recommendations so that people with self-awareness begin to increase their knowledge about how to express opinions in public properly and what laws and sanctions can be imposed on anyone who does not express opinions in public in an orderly manner & the consequences and sanctions that ensnare the prepetrators of destroying public facilities. In conclusion, this study concludes that the causes of demonstrations that have an impact on damage to public facilites can be caused by individuals, provocateurs and surrounding circumstances. Not only that, there are three efforts that are also carried out by the authorities, namely preemptive, preventive and repressive efforts. Thus, this research is expected to contribute to new understanding and knowledge and can be used as legal development in overcoming demonstrations that damage public facilities.

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