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KAJIAN HUKUM TERHADAP PUTUSAN PENGADILAN NEGERI TOBELO NOMOR: 15/PID.SUS/2016/PN.TOB TENTANG DELIK PERCOBAAN PERSETUBUHAN TERHADAP ANAK Laritmas, Selfianus
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 4 No. 1 (2019)
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

Crime of Trial Against Children can be punished if the commencement of implementation is real, Criminal acts of sexual abuse are generally acts or acts that violate decency that intentionally damage politeness. The threat of criminal offenses for underage children according to Article 82 of Law No.23 of 2002 concerning Child Protection is punishable by imprisonment of a maximum of 15 (fifteen) years and a minimum of 3 (three) years and a maximum fine of Rp.300,000,000. 00 (three hundred million rupiah) and at least Rp. 60,000,000.00 (sixty million rupiahs). Based on the results of the research and discussion of the decision Number: 15 / pid.sus / 2016 / PN.Tob. Against a child and sentenced to 5 years in prison. The problem is that the defendant in carrying out his actions did not commit acts of immorality as referred to in Article 81 of Law No. 35 of 2014, Jo Article 53 of the Criminal Code so that when viewed from the point of view of justice it is very unfair because the sentence imposed is not in accordance with what was done
SUATU KAJIAN HUKUM TERHADAP PUTUSAN PENGADILAN NEGERI TOBELO NOMOR: 15/PID.SUS/2016/PN.TOB TENTANG DELIK PERCOBAAN PERSETUBUHAN TERHADAP ANAK Laritmas, Selfianus; Ahiroriwo Djurubassa, Una
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 6 No. 3 (2021)
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Sesuai hasil penelitian pada putusan Nomor:15/pid.sus/2016/PN.Tob. dimana majelis hakim menjatuhkan Putusan Terhadap terdakwa terbukti secara sah dan meyakinkan melakukan percobaan persetubuhan terhadap anak dan divonis 5 tahun penjara. Yang menjadi permasalahan adalah terdakwa dalam melakukan Tindakannya tidak melakukan Perbuatan Percabulan sebagaimana yang dimaksud dalam pasal Pasal 81 UU No. 35 tahun 2014, Jo Pasal 53 KUHP sehingga jika dilihat dari sudut pandang keadilan sangat tidak adil karena hukuman yang dijatuhkan tidak sesuai dengan apa yang dilakukan. Penelitian ini mengunakan penelitian normatif menggunakan pendekatan kasus (case approach). Menurut pendekatan kasus dipakai untuk mengkaji alasan pertimbangan pengadilan dalam membuat suatu putusan. Kaitannya dengan pendekatan ini maka yang dikaji adalah pertimbangan hakim Pengadilan Negeri Tobelo dalam memutus perkara delik percobaan persetubuhan terhadap anak yang di dalamnya terdapat permasalahan hukum mengenai putusan yang dijatuhkan dalam memutuskan perkara delik percobaan persetubuhan terhadap anak
LEGAL STUDY ON THE TRANSFER OF THE AUTHORITY OF MINING BUSINESS LICENSES TO THE PROVINCIAL GOVERNMENT AND ITS IMPACT ON PRODUCING AREAS (Case Study in North Halmahera Regency) Selfianus Laritmas; Heltom Sandros Didide
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 10 No. 2 (2025): Mei
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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With the enactment of Law Number 23 of 2014 concerning local government, there has been a change in the authority to manage mining business licenses between the central government, provincial government and district government. Licensing authority which was originally the authority of the district in accordance with Law Number 32 of 2004 has been dismantled and is now held by the provincial government so as to reduce the role of the district/city government in the management of natural resources such as energy and minerals. The enactment of Local Government Law number 23 of 2014 is contrary to the goal of regional autonomy to bring the government closer to the community, improve public services, and encourage equitable development. With the change in authority, it has resulted in overlap in the arrangement of mining business licenses and the community has made it more difficult to manage licensing in the provincial government. The purpose of this study is to analyze the Granting of Authority by Provincial Regional Governments to Issue Mining Permits and their impact on producing regions, as well as to analyze whether the authority of the provincial local government in issuing mining permits based on Law Number 23 of 2014 concerning Regional Government is appropriate based on the principle of regional autonomy. The research method used is the Normative Juridical Research method. Normative Law research methods or Legal Research are methods or methods used in legal research that are carried out by researching existing literature materials.
The Use Of The Erga Omnes Principle In The Implementation Of Decisions Of The State Administrative Court (PTUN) With Permanent Legal Power Laritmas, Selfianus; Gede Yusa, I; Rosidi, Ahmad
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.258

Abstract

Legal regulation The role of the State Administrative Court in the practice of settling government administration in Indonesia needs to be properly regulated, because in the implementation of the Administrative Court decisions according to Article 116 of Law no. 51 of 2009 concerning the Second Amendment to Law No. 5 of 1986 is a regulation regarding forced money which is not clear and there is no final settlement of a decision that has permanent legal forcethe execution cannot be carried out properly, and the absence of an executive or foundational institution strong law causes the decision of the State Administrative Court to have no power force. Even the State Administrative Court Law does not regulate firmly and clearly regarding the issue of the coercive power of the State Administrative Court's decision, so that in the implementation The decision really depends on the good faith of the State Administration Agency or Official in obey the law. This situation is quite alarming, because the principle of justice is State Administration, to put juridical control in the government to be lost meaning in the Indonesian constitutional bureaucratic system even though the decision should bind the disputing parties and have executive power when they already have a decision that has permanent legal force, according to the legal principle Erga omnes states thatThe decision of the State Administrative Court is publicly binding, not only binding on the disputing parties. This is a consequence of the nature of the state administrative dispute which is a public legal dispute, so that the Administrative Court Decision must bind all interested parties and have the obligation to comply with every decision;This research analyzes the problem, How about The existence of the Implementation of Administrative Court Decisions in the law enforcement system? And Has the execution of the Administrative Court Decision been effective in the law enforcement system. The research methodology used in this study is normative juridical with the approach used is the Statute Approach and the Case Approach, the approach carries out an assessment of laws and regulations related to the central theme of research with the procedure for collecting legal materials. Both Primary and secondary legal materials are collected based on the topic of the problem that has been formulated based on the Legislation which is reviewed comprehensively to provide new legal ideas for legal reform.
Legal Review of the Appointment of Specific Positions to Family Members and Close Associates in Government by Regional Heads in Relation to Criminal Acts of Corruption Laritmas, Selfianus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6234

Abstract

The granting of certain positions to family members by regional heads in connection with criminal acts of corruption in government has become highly controversial because it has implications for social welfare and public perceptions of government integrity. In theory, regional heads granting certain positions to family members in connection with criminal acts of corruption or nepotism will exacerbate existing social stratification because government positions or benefits are given based on family ties or close relationships rather than merit. This has an impact on inequality of opportunity and distribution of resources, as seen in several cases such as the former Governor of Banten, Ratu Atut Chosiyah, and the former Governor of North Maluku, Abdul Gani Kasuba, who are suspected of using their political power to appoint family members to important positions in the government, which has triggered negative perceptions among the government and the people and has an impact on indications of corruption. The regulation on nepotism in Law No. 28 of 1999 prohibits appointments based on family ties, prioritizes meritocracy, and imposes sanctions for violations. The research method used in this study is a normative legal approach, which involves analyzing existing literature. The research conducted by the author was aimed at using several approaches, including the statute approach, conceptual approach, case approach, and historical approach.