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Tindak Pidana oleh Anak: Suatu Kajian dan Analisis Fungsi Sertifikasi Penyidik Anak di Kepolisian Sinaga, Muhammad Ridho; Nadya Putri, Novalinda
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.867

Abstract

So far, the attention to protection given to children has focused more on children who are victims or witnesses of a crime, while attention as a child of a criminal offense during the case investigation process is still relatively lacking. The fact is that not all child investigators in the police have certification as child investigators, so not all investigators understand the human rights of children that must be obtained when a child becomes a perpetrator of a crime. The research method used is the normative juridical method through a statutory approach to reviewing the legal ratio of related laws. The results of the study found that the Certification Position of child investigators is regulated based on Presidential Regulation Number 175 of 2014 concerning Integrated Education and Training for Law Enforcers. Presidential Regulation Number 175 of 2014 requires the police to participate in Integrated Training and Certification Functions for Child Investigators in the Investigation of Child Crimes by the police so that child investigators have certain knowledge and skills according to the child's condition. The expertise of special child investigators can be proven by having a child investigator certificate. Considering that UUSPA itself provides special treatment for child crimes as mandated by Article 26 of Law no. 11 of 2012, the examination and investigation of children will also be given by special investigators
Judicial Review of Constitutional Amendments: Comparison Between India, Germany, Colombia, and the Relevancy with Indonesia Nggilu, Novendri; Moha, Mohamad Rivaldi; Sinaga, Muhammad Ridho; Rachmaniar, Adelia
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.1901

Abstract

The purpose of this study is to explore the urgency for a judicial review of the constitutionality of Indonesia's constitutional amendments. In addition, it explores, using Germany, Colombia, and India as comparative materials, the practice of judicial review regarding the constitutionality of constitutional amendments. The main writing approach used in this article, which examined the constitutional texts of Germany, Indonesia, Colombia, India, and Germany, was a comparative one. Similar provisions that are unchangeable explicitly or implicitly may be found in the constitutions of Colombia, Germany, India, and Indonesia. However, there are fundamental differences in efforts to protect, maintain and preserve these unchangeable provisions (as the fundamental structure and identity of the Constitution) in reviewing the constitutionality of constitutional amendments. This mechanism is practiced in India, Germany and Colombia but not in Indonesia. However, if studied carefully, 3 aspects show the urgency of implementing this mechanism in Indonesia: 1) historical aspects (the existence of past events regarding constitutional changes or transitions that are normatively unconstitutional; 2) philosophical and juridical aspects (the existence of Pancasila as state ideology as well as constitutional identity and the existence of Article 37 paragraph (5) which clearly states that the Form of the Republic of Indonesia cannot be changed); and 3) sociological aspects (the issue of constitutional amendments which seems to be patterned at the end of each president's term of office to extend the period of the president's term of office to three terms). These three aspects are the primary consideration and basis for implementing a mechanism for reviewing the constitutionality of constitutional amendments so that the fundamental structure and identity of the Indonesian Constitution are not damaged or eliminated by parliament through constitutional amendment activities.